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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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FAMILY OWNED LLC's


One of the more common tools utilized by asset protection lawyers is the Limited Liability Company (“LLC”). As suggested by its name, this entity offers liability protection to its Members, including superior insulation from a piercing of the corporate veil than afforded by a corporation. When those involved in the asset protection plan are members of a family, a more particular LLC can be utilized, the Family Owned LLC (“FLLC”). The FLLC is not only a means to protect family assets, but can also facilitate estate-planning objectives.

Once the Members and Managers of the newly created FLLC are established, the entity is typically funded using of an asset transfer. An FLLC is owned by its “Members,” whil...

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