For the past two decades, naysayers jump at any case where a debtor is held in contempt and happens to have a trust, with the overt statement or implication that asset protection planning results in contempt. The most recent case drawing such attention comes to us from California in the form of Marciano, and close analysis reveals very different reasons for the debtor’s incarceration.
There is now available a superior trust structure in which a single-member Nevis limited liability company (LLC) is used in combination with a Cook Islands trust.
Volume X, Number 1 – April / May 2001 INTRODUCTION Many of our newsletter issues and articles have described an effective asset protection plan utilizing a U.S. limited partnership in combination with an offshore trust (“LP/TRUST PLAN”). In this issue, we discuss an additional, and in many ways, a superior structure utilizing a single-member Nevis […]
UNIFORM GIFTS TO MINORS ACCOUNTS – PROTECTING THEM FROM YOUR CHILD, YOUR CREDITORS, AND OTHERS
2020 – OUR 28th YEAR OF PUBLICATION! Volume XXVII • Number 2 • July / August 2020 INTRODUCTION. Parents and other relatives often establish financial accounts for minor children as a means of making a “controllable” gift to a minor. This is accomplished by establishing a custodial account at a financial institution for the benefit […]
FINANCING / SERVICING THE TRIBAL LENDING ENTERPRISE: WHAT YOU NEED TO DO TO PROTECT YOURSELF
By: Howard Rosen, Attorney, © 2020 Donlevy-Rosen & Rosen, P.A. Published by: https://thebusinessoflending.com/the-blog/ on May 14, 2020 Anyone in the business of financing or servicing a tribal lending enterprise (TLE) is aware of the controversies involved in that business. Notwithstanding the facts that numerous court cases have supported tribes’ ability to carry on these businesses, […]
CORONA VIRUS FINANCIAL CONCERNS – WHAT YOU CAN DO NOW
© 2020 By Howard Rosen, Esq., Donlevy-Rosen & Rosen, P.A. Of course no one knows how we will come out of this crisis, but one thing is certain: there will be business failures with ripple effects. Can you prepare in any way for what is coming? Can you protect your financial well-being from what is […]
HOW TO SELECT AN ASSET PROTECTION ATTORNEY
14 questions to ask your prospective lawyer about asset protection.
CAN YOU BE LIABLE FOR YOUR TEENAGER’S ACTS? YES YOU CAN BE!
“A liability nightmare scenario can result where one parent signs the teen’s license application and the teen drives a car owned by the other parent (or a car jointly owned by both parents).”
The Domestic Asset Protection Trust
Being aware of the fact that general U.S. trust law will not be effective to protect trust assets from a settlor-beneficiary’s creditors, and seeking to obtain potential trust business, the legislatures of a number of states (nineteen as of January 1, 2020) – most notably Alaska, Delaware and South Dakota, have enacted varying degrees of […]
HOW TO SELECT AN ASSET PROTECTION ATTORNEY
14 questions to ask your prospective lawyer about asset protection.
UNIFORM GIFTS TO MINORS ACCOUNTS – PROTECTING THEM FROM YOUR CHILD, YOUR CREDITORS, AND OTHERS
2020 – OUR 28th YEAR OF PUBLICATION! Volume XXVII • Number 2 • July / August 2020 INTRODUCTION. Parents and other relatives often establish financial accounts for minor children as a means of making a “controllable” gift to a minor. This is accomplished by establishing a custodial account at a financial institution for the benefit […]
FINANCING / SERVICING THE TRIBAL LENDING ENTERPRISE: WHAT YOU NEED TO DO TO PROTECT YOURSELF
By: Howard Rosen, Attorney, © 2020 Donlevy-Rosen & Rosen, P.A. Published by: https://thebusinessoflending.com/the-blog/ on May 14, 2020 Anyone in the business of financing or servicing a tribal lending enterprise (TLE) is aware of the controversies involved in that business. Notwithstanding the facts that numerous court cases have supported tribes’ ability to carry on these businesses, […]
CORONA VIRUS FINANCIAL CONCERNS – WHAT YOU CAN DO NOW
© 2020 By Howard Rosen, Esq., Donlevy-Rosen & Rosen, P.A. Of course no one knows how we will come out of this crisis, but one thing is certain: there will be business failures with ripple effects. Can you prepare in any way for what is coming? Can you protect your financial well-being from what is […]
CAN YOU BE LIABLE FOR YOUR TEENAGER’S ACTS? YES YOU CAN BE!
“A liability nightmare scenario can result where one parent signs the teen’s license application and the teen drives a car owned by the other parent (or a car jointly owned by both parents).”
ASSET PROTECTION UPDATE: FRACKING – Here it comes….
©2019 By: Howard Rosen, Esq., Donlevy-Rosen & Rosen, P.A. Fracking has become a dirty word in the media, largely because of protests from environmentalists and prominent Hollywood stars voicing complaints about water contamination and environmental damage. Whether or not these claims are valid, one thing is for certain – a litigation storm surrounding this […]
HOW TO SELECT AN ASSET PROTECTION ATTORNEY
14 questions to ask your prospective lawyer about asset protection.
UNIFORM GIFTS TO MINORS ACCOUNTS – PROTECTING THEM FROM YOUR CHILD, YOUR CREDITORS, AND OTHERS
2020 – OUR 28th YEAR OF PUBLICATION! Volume XXVII • Number 2 • July / August 2020 INTRODUCTION. Parents and other relatives often establish financial accounts for minor children as a means of making a “controllable” gift to a minor. This is accomplished by establishing a custodial account at a financial institution for the benefit […]
CAN YOU BE LIABLE FOR YOUR TEENAGER’S ACTS? YES YOU CAN BE!
“A liability nightmare scenario can result where one parent signs the teen’s license application and the teen drives a car owned by the other parent (or a car jointly owned by both parents).”
WHO SHOULD BE THE TRUST PROTECTOR OF YOUR ASSET PROTECTION TRUST? IT REALLY DOES MATTER!
What is a “trust protector”? Although our common law of trusts dates back almost 1,000 years, the concept of the trust protector is a 20th century development, primarily used in offshore asset protection trusts.
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.
Legal Education Program Sponsored by the Osgoode Hall Law School
April 23 2019 Both Patricia and Howard will participate in a nationwide Canadian continuing legal education program sponsored by the Osgoode Hall Law School (at York University, Toronto, Canada). Howard will discuss drafting strategies for the offshore asset protection trust and Patricia will discuss special techniques for protecting real estate from creditors.
Southpac Offshore Planning Institute at the Four Seasons Hotel in Nevis
May 1 – 3 2019 Both Patricia and Howard will participate in the Southpac Offshore Planning Institute at the Four Seasons Hotel in Nevis. Howard will discuss both drafting strategies and federal tax reporting requirements for the offshore asset protection trust and Patricia will discuss special techniques for protecting real estate from creditors. Both Patricia […]
Continuing legal education program for the Dallas Bar Association
June 7 2019 Both Patricia and Howard will be presenting a continuing legal education program for the Dallas Bar Association. Howard will discuss drafting strategies for the offshore asset protection trust and Patricia will discuss special techniques for protecting real estate from creditors.
Continuing education program for attorneys and CPA’s sponsored by the National Business Institute
September 17 & 19 2019 Both Patricia and Howard will participate in a continuing education program for attorneys and CPA’s sponsored by the National Business Institute (in both Miami & West Palm Beach, Florida).
Asset Protection Planning With Offshore Trusts
October 14 2019 Howard will present “Asset Protection Planning With Offshore Trusts” in a continuing legal education program sponsored by the Orange County Bar Association (Florida).
Asset Protection Trusts – Domestic & Offshore
October 29 2019 Howard will participate in a continuing education program for attorneys and CPA’s sponsored by the National Business Institute (in Pembroke Pines, Florida). His topic will be “Asset Protection Trusts – Domestic & Offshore”.
Protecting IRAs and other retirement plans (video)
How can you protect IRAs and other retirement plans? Patricia Donlevy-Rosen explains.
What is an offshore trust? (video)
What is an offshore trust and how it is used in asset protection? Howard Rosen answers these questions and more in this video.
Tax benefits and consequences of an offshore trust (video)
Howard Rosen discusses the tax consequences of implementing an offshore trust.
How can loans protect real estate? (video)
Patricia Donlevy-Rosen explains how loans can be used to protect real estate.
How do you protect immovable assets? (video)
How can you protect assets that are stuck in the US? Patricia Donlevy-Rosen presents some advanced techniques that can accomplish just that.
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