Stephen Speiser, Esq. September 2024 In the realm of wealth management and asset protection, trusts play a pivotal role in safeguarding assets against potential creditors, legal judgments, and other financial risks. Two prominent types of trusts utilized for these purposes are Foreign Asset Protection Trusts (FAPTs) and Domestic Asset Protection Trusts (DAPTs). Each type offers unique features, legal protections, and …
Popular Jurisdictions for Foreign Asset Protection Trusts (FAPTs)
Stephen Speiser, Esq September 2024 When it comes to protecting assets from potential creditors, lawsuits, or other financial threats, establishing an offshore trust in a jurisdiction with strong asset protection laws can be a strategic move. Among the most popular jurisdictions for foreign asset protection trusts are the Cook Islands, Nevis, and Belize, and to a somewhat lesser degree the …
Introduction to Foreign Asset Protection Trusts (FAPTs)
By Stephen Speiser, Esq. Sept 2024 In today’s increasingly litigious society, protecting one’s assets from potential creditors and legal claims has become a priority for many individuals. One effective strategy for safeguarding wealth is the use of Foreign Asset Protection Trusts (FAPTs). Here is an overview of what FAPTs are, their purpose, and how they differ from domestic trusts. What …
The Alec Baldwin Saga: A Case Study
Can Asset Protection Save His Fortune from Manslaughter Charges? By: Stephen Speiser, Esq. February 1, 2024 The once bright future of Alec Baldwin is now in serious peril. On Friday, January 19, 2024, a New Mexico grand jury indicted the Emmy-award winning actor and director on involuntary manslaughter charges stemming from the October 2021 fatal shooting on the film set …
The Mireva Invasion
Are Mireva Rulings Coming to the United States? Readers of our website know that we have written extensively about the Mareva ruling, a form of ex parte preliminary injunction increasingly granted by courts outside the USA to freeze debtor assets. A 2021 Florida state court decision has created a great deal of unease among debtors’ representatives concerning the reach of …
Asset Protection: Foundations versus Trusts
From time to time, we are asked about using foundations as a substitute for asset protection trusts. In our judgment, there is no substitute for a competent, well crafted trust. This does not mean, however, that foundations should not be used in asset protection planning. For clients with charitable goals and objectives, foundations provide an excellent vehicle to satisfy those …
When In Rome… How the Location of Assets Affects Asset Protection Planning
The location of particular assets affects the law governing those assets and your ability to protect those assets from unanticipated creditors
When Is An “Offshore” Asset Protection Plan Not Really Offshore?
There are three basic elements of a true “offshore” asset protection plan: (i) the legal structure (trust or business entity) must be formed outside the U.S. in a safe jurisdiction; (ii) the assets have been successfully migrated to the offshore legal structure; and (iii) legal control of the structure must be vested in persons or trustees who are not subject to U.S. jurisdiction.
The Swiss Hybrid Trust: A Primer
The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone.