Asset Protection

The use of foreign trusts as asset protection devices for the high net worth United States client has in recent years received growing attention from an increasing number of United States advisors. Tax neutral for United States purposes and established in an offshore jurisdiction, asset protection trusts are principally intended to be a shield for assets transferred to such trusts against claims of third parties.

Asset protection trusts have many features in common with the traditional offshore discretionary trusts established by non-United States Settlors. Based on our experience, we have found that a conservatively structured and managed offshore trust can provide significant asset protection and estate planning advantages. However, these goals are only likely to be achieved where proper regard is had to the variety of domestic and foreign factors involved in the establishment of such trusts.

Marini & Associates PA is affiliated with Foreign Register Limited, an international Association of Tax Law firms which are available to form an Offshore Personal Holding Company or an Offshore Trust in the jurisdiction of your choice and preferably one which has very favorable asset protection trust laws. So we have a team of professionals who offer advice on how the various different country's laws can fortify the validity of your Asset Protection Structure.

1. Introduction

2. Creditor Protection Planning in Context

3. Creditor Protection Planning and Trusts

4. Laws relating to Transfers into Trust - A Historical Perspective

5. The Offshore Dimension

6. Creditor Enforcement in the United States (the Transferor's Home Country)

7. Enforcement Offshore (the Trust's Host Country)

8. The Offshore Jurisdictions that Attract CPT Business

9. Structures and Planning Issues

10. Procedural Safeguards

11. Abuses of CPT Planning and Ethical Considerations

12. Conclusions

Appendix 1: Check List

Appendix 2: Affidavit