Asset Protection Strategies: Advantages and Pitfalls
Member Price: $24
Non-Member Price: $30
Areas of Law: Estate Law
Why You Need to Attend:
Clients often ask how to protect themselves and their assets from creditors. Asset protection planning involves ways to legally structure one's asset holdings so as to protect them from the future claims of creditors. A variety of approaches and the legal framework for "doing it right," will be discussed.
About the Program:
Topics to be covered include Self-Settled Trusts, Spendthrift Trusts, Tenancies by the Entirety, and LLC's. Trust taxation will be addressed as well.
- Domestic Asset Protection Trusts
- Nineteen states have enacted legislation providing for self-settled asset protection trusts. New Jersey has not yet adopted such legislation. This seminar will make you aware of this growing trend and whether you should consider recommending an asset protection trust to your clients. These trusts not only can provide protection from creditors, but can be used to avoid paying state income taxes.
- Limited Liability Companies
- You'll learn the differing asset protection treatment given by bankruptcy courts and other courts to single member vs multiple member LLCs. The seminar will analyze the protection provided by the LLC charging order and how this protection can be lost when LC is not properly administered.
- Other Asset Planning Techniques
- We will explore the best strategies for holding assets from an asset protection standpoint including IRAs, 529 Plans, tenancies by the entirety, and other forms of joint ownership. We also will discuss what advice should be given to clients who have investment real estate holdings.
- Reexamining Trusts in Which the Grantor is Not a Beneficiary
- When your client wishes to establish a trust for the benefit of family members and other third parties who may themselves have spending and /or creditor problems, including how to protect government entitlements including Medicaid. What are the effective methods of protecting beneficiaries from themselves and their creditors, and what impact does the recently enacted Uniform Trust Act have on asset protection?
- Fraudulent Conveyances and Ethics
- You'll learn the legal framework governing this important area of the law, what not to do and what to do when a business or individual is purchasing assets or incurring debt.
- Trust Decanting and Trust Mergers
- Find out the most effective ways to amend existing irrevocable trusts to ensure protection from the claims of creditors.