Asset Protection Planning

The United States Supreme Court Has Approved Asset Protection Planning For More Than 100 Years.

[E]very State in this Union has passed statutes by which a part of the property of the debtor is exempt from seizure [for] the payment of his debts....to property so exempted the creditor has no right to look…as a means of payment.

- Nichols v. Eaton, 91. U.S. 716 (1875)

Sadly, some people view litigation as a lottery. Enabled by our uniquely American legal system that permits contingent fee arrangements while not requiring the loser to pay the prevailing party's attorneys' fees, plaintiffs are willing to roll the dice in the hope of becoming a winner.

Everyone Needs Asset Protection

The best offense is a good defense. Creditors come in a variety of shapes and sizes from ex-spouses to former business partners. Everyone needs an asset protection plan, but especially:

  • High risk professionals such as physicians, dentists, accountants and lawyers
  • Those who serve in high risk positions such as a member of a board of directors
  • Owners or operators of high risk assets such as boats or airplanes
  • Those who have a high risk profile such as entertainers and politicians
  • Businesses and individuals who are located in a high risk domicile
  • High risk businesses that may be subject to product liability claims

Asset Protection Planning Services

I develop customized asset protection plans for businesses and individuals. I assist clients with structuring and implementing asset protection plans that may include one or more of the following techniques and strategies:

  • Domestic asset protection trusts (DAPTs)
  • Pure discretionary trusts
  • Purpose trusts
  • Dynasty trusts
  • Foreign asset protection trusts (FAPTs)
  • Family limited partnerships (FLPs)
  • Limited liability companies (LLCs)
  • Series llcs
  • Self-canceling installment notes (SCINs)
  • Foreign grantor trusts
  • Intentionally defective grantor trusts (IDGTs)
  • Private annuity trusts
  • Life insurance and annuities
  • Swiss annuities
  • Captive insurance companies
  • Inter-vivos QTIP trusts
  • Trust owned 529 Plans
  • Retirement plans and planning