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ASSET PROTECTION

Asset Protection Trusts
Asset Protection Trusts are an integral part of Asset Protection, Creditor Deterrence, and Estate Planning. These flexible legal structures are specifically designed to frustrate potential creditor attack. They are frequently used by individuals with substantial net worth who own closely held businesses, or professionals (doctors, lawyers, stockbrokers). Sometimes they are used in anticipation of a marriage or a change in marital status. They are also used in conjunction with other legal entities as a means to pass on a closely held or family business (to the next generation) while adding potentially fatal creditor barriers.

These trusts frequently take the form of a "Foreign Grantor Trust" for tax purposes, and are designed to be "tax neutral". (There are tax reporting requirements for these types of trusts) Their value is in the area of asset protection from creditor attack, not tax savings. They are custom designed plans intended to meet specific client requirements. These trusts are not "cookie cutter" efforts. The plans are complex and typically involve one or more business entities, frequently including both domestic and foreign components. These plans are not for everyone. Depending on your particular financial and economic situation, you may wish to adopt other estate planning strategies.


What is Asset Protection?

Asset Protection Overview

Asset Protection Trusts

Asset Protection Summary
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Think Putting Assets in Your Spouse's
Name is Asset Protection?

Think Again

For decades, many professionals have put their assets in their spouse's name in what was believed to be solid asset protection planning. Unfortunately, this has never been a wise approach, and is more risky today than ever before. Here's why:

  • Legal ownership. Just because your house or portfolio is in the name of your spouse does not guarantee that a judge will see it that way. If you are the sole bread-winner, and you are making the mortgage payments or yearly contributions to purchase stock, aren't you still the owner? Some courts might think so.
  • Divorce. What happens if you get divorced? We all know the divorce rate hovers near 50% these da...

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