Tag: trust document

Uniform Voidable Transactions Act Adopted by ULC

Our Uniform Law Commission (ULC) unanimously adopted (this week) the Uniform Voidable Transactions Act.

“Domestic Asset Protection Trusts Can Fail” says Estate Planning Expert

A battle is raging between US-based attorneys over the use of Domestic Asset Protection Trusts (DAPTs) or their offshore counterparts (Foreign Asset Protection Trusts or FAPTs). Fifteen states (and counting) have enacted some form of asset protection trust legislation, but the efficacy of these DAPTs has been called into question since inception. At the 48th […]

Discussing asset protection with your clients: a guide for attorneys, CPAs, and financial planners

According to the Wall Street Journal (July 15 – 16, 2006), asset protection planning has become “mainstream” planning.  And just as planning professionals are obligated to advise clients on estate planning and financial planning matters, many feel that the same professionals are now ethically obligated to advise clients on asset protection matters. To determine if […]

October 15th seminar on drafting asset protection trusts

Announcing that attorney Howard Rosen will be the featured speaker at the following event: THE NEW TAX LAWYER COMMITTEE OF THE TAX SECTION OF THE FLORIDA BAR & THE FLORIDA ASSOCIATION OF ATTORNEY-CPAS Cordially invites you to a CLE (1 credit) lunch (Kosher) at 12:00 NOON on: October 15, 2013 Topic: Drafting the Asset Protection […]

Howard Rosen to Lead Two Asset Protection Seminars at AAA-CPA Annual Meeting

Howard Rosen, a shareholder of the law firm of Donlevy-Rosen & Rosen, P.A., will lead two seminars as a Faculty Member for this year’s Annual Meeting of the American Association of Attorney-Certified Public Accountants (AAA-CPA).

Estate Freeze Presentation at Sailfish Chapter of FICPA

Howard Rosen will be presenting “Estate Freeze Planning Using Offshore Trusts” to the Sailfish Chapter of the FICPA.

HOW TO SELECT AN ASSET PROTECTION ATTORNEY

14 questions to ask your prospective lawyer about asset protection.

OFFSHORE TRUSTS & OFFSHORE ACCOUNTS: WHAT’S THE DIFFERENCE?

Potential clients often call us asking if we can set up an “offshore account” for them. Is this what they really mean, or are they (or should they be) asking about an offshore trust? In this issue we’ll compare the asset protection efficacy of an individual establishing an offshore account versus establishing an offshore trust which itself establishes an offshore account.

LAWSUITS IN THE COOK ISLANDS: PROPER TRUST STRUCTURING SAVES THE DAY (and the trust)!

We have often stated that the only way for a creditor to “get at” the assets held in a properly structured Cook Islands asset protection trust is for the creditor to bring a case in the Cook Islands. Why? The Cook Islands court is the only court which has jurisdiction (power) over the trustee, which, under trust law, is the holder of legal title to trust assets.

A Review and Critique of the 2013 Ohio Legacy Trust Act

Effective March 27, 2013, Ohio joined the growing list of states that have enacted asset protection trust legislation. This article provides a review and critique of the asset protection aspects of the Ohio Legacy Trust Act (Act).

Asset Protection – Going Offshore May Yield the Best Results

Years ago asset protection planning was an infrequently discussed topic between CPAs and their clients. Today, however, the topic often arises. Therefore, CPAs must have a basic knowledge of the strategies and techniques available to their clients to be able to intelligently respond to client inquiries.

Amendment 8 – How to Protect Yourself

Amendment 8 prohibits a physician who has been “found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida” (emphasis supplied). How do you protect yourself from that Draconian rule? You implement a comprehensive asset protection strategy.