APB Book Chapters

Ch. 13: The Domestic Asset Protection Trust (DAPT)

Ch. 13: The Domestic Asset Protection Trust (DAPT)

Introduction

More information about Domestic Asset Protection Trusts, including references to the major DAPT statutes, is available at http://www.assetprotectionbook.com/domestic_asset_protection_trusts.htm

DAPT Mechanics

Synopsis: Discusses the basic operation of DAPTs and cross-border issues.

Limitations of DAPTs

Synopsis: Discusses various potential flaws of the DAPT as an asset protection tool.

The potential weaknesses of DAPTs are explored in considerable additional depth at http://www.assetprotectionbook.com/domestic_APT_analysis.htm

DAPTs and Repatriation Orders

Synopsis: Discusses whether DAPTs could be subject to repatriation orders issued by the courts of non-DAPT states.

DAPTs vs. FAPTs

Synopsis: Compares strengths and weaknesses of DAPTs with FAPTs.

Other Potential Weaknesses

Synopsis: Discusses potential "out of the box" creditor attacks against DAPT structures, and possible federal law changes.

When to Use a DAPT

Synopsis: Discusses those situations when a DAPT might be useful, and to what degree.

Labels: asset protection, asset protection trust, dapt, domestic asset protection trust, dynasty trust, self-settled spendthrift trust, self-settled trust

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Ch. 11: Trusts for Asset Protection

Ch. 11: Trusts for Asset Protection

The Trust Defined

Synopsis: Discusses the basics of trusts, and their place as a dissociative method.

Definition: Trust -- A relationship whereby one party (trustee) is given assets by another (settlor) to hold for the benefit of a third party (beneficiary).

Estate Freezes

Synopsis: Discusses the concept of the "estate freeze" and how the methods used for asset protection planning and estate planning are often incompatible.

Definition: Estate Freeze -- The process of transferring assets to either the children or a trust for the benefit of the children now, so that the future growth of those assets is with the children or their trust, and not within the parent's estate. The asset protection equivalent is known as an "asset freeze".

Mass-Marketing of Offshore Trusts

Synopsis: Discusses Global Prosperity, the "Father of Asset Protection" and other scams and hucksterisms relating to foreign trusts.

Self-Settled Spendthrift Trusts

Synopsis: Discusses the disadvantages of self-settled spendthrift trusts.

Definition: Self-Settled Spendthrift Trust -- A trust formed for the benefit of the person who created the trust, with spendthrift provisions that attempt to disallow a creditor from invading the trust assets or forcing a distribution to the beneficiary that the creditor would then seize.

Trusts and Giving Up Control

Synopsis: Discusses the problem of yielding control to make the asset protection effective with the possibility that such control once yielded might never be regained.

Living Trusts

Synopsis: Discusses the reasons why living trusts provide little asset protection.

Definition: Living Trust -- A revocable grantor trust.

Sham Trusts

Synopsis: Discusses the many defects of Pure Trusts and their progeny.

Definition: Pure Trust -- A sham trust sold by scam artists that purports to be free of government regulation or intervention because of the Contract Clause of the U.S. Constitution.

Additional information on Pure Trust scams can be found at:

http://www.quatloos.com/taxscams/contrusts.htm

http://www.taxprophet.com/hot/Trustscam.shtml

Labels: asset protection, asset protection trust, estate freeze, living trust, pure trust, self-settled spendthrift trust, self-settled trust, spendthrift trust

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Call Toll-Free 1-888-359-8851

APB Book Chapters

Ch. 13: The Domestic Asset Protection Trust (DAPT)

Ch. 11: Trusts for Asset Protection

Call Toll-Free
1-888-359-8851