Dahl v. Dahl: Utah Supreme Court Rules Trust Not a Domestic Asset Protection Trust!

Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “The Court specifically uses the terms ‘strong public policy’ and ‘repugnant’ in their analysis. Query how they might have ruled had this been a defendant in a negligence action, for example, rather than it being a divorce matter. Would the Court still have applied Utah law under its ‘strong public policy’ and ‘repugnant’ requirements? It appears that the answer would be ‘no’ given this requirement that it be a ‘strong public policy’ and ‘repugnant,’ but this is far…

2nd Annual Trust Decanting State Rankings Chart Released!

By Steven J. Oshins, J.D., AEP (Distinguished) The 2nd Annual Trust Decanting State Rankings Chart was released earlier this week. This year’s chart includes more variables than were included in last year’s chart. The additional attributes were added in order to provide the end user with as many details as possible so the best jurisdiction can be selected based on the desired decanting or, with respect to a newly-formed irrevocable trust, the best jurisdiction to maximize future decanting flexibility. What is Decanting? Trust decanting is the act of distributing assets from one trust to a new trust with different terms….

Download the 2nd Annual Trust Decanting State Rankings Chart

Decanting has become a very popular technique in the estate planning world.  We are pleased to announce that nationally renowned estate planning and asset protection attorney, Steven J. Oshins, J.D., AEP (Distinguished), has just released his second annual Trust Decanting State Rankings Chart.  To request a complimentary copy of his chart, complete the form below. REQUEST FREE CHART   All 22 states with decanting statutes are ranked in this chart.  In particular, this year’s chart has additional variables which were not included in last year’s chart. The Top 7 decanting jurisdictions are… South Dakota: Total Score = 99.5 Nevada:  Total…

Beware of Standard Provisions in LP & LLC Documents

They can inadvertently divest your client’s family from controlling the business or cost millions in additional estate, gift or income taxes! By Edwin Morrow, J.D., LL.M., MBA, CFP®, RFC® Investors increasingly use limited liability companies, limited liability partnerships or limited partnerships (“LLCs”, “LLPs” and “LPs”) to operate a trade or business, to hold real estate or hold other investment assets, as opposed to state law corporations. When only immediate family are owners, these are often referred to as family limited partnerships or limited liability companies (“FLPs” and “FLLCs”). There are numerous business, asset protection and estate planning reasons for using…

Our Best Articles on Asset Protection & Advanced Estate Planning

As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue.  Below, you will find a list of our Best Articles .  These articles are written by a variety of financial and estate planning professionals, as noted below. Top Ten Asset Protection Mistakes Attorneys Make by Steven J. Oshins, J.D., AEP (Distinguished) Another Private Letter Ruling Approves NING Trust by William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction by Steven J. Oshins, J.D., AEL (Distinguished) New Tax Haven: Puerto…

Family Business Succcession Planning

By Brandon E. Crooks, Principal at Counsel Trust Company There are over 5.5 million family businesses in the US with an average life span of 24 years (familybusinesscenter.com, 2010). About 40% of family-owned businesses turn into second-generation businesses; approximately 13% are passed down successfully to a third generation, and 3% to a fourth generation or beyond (Businessweek.com, 2010). Business owners are attractive clients due to the amount of wealth that lies within family-owned businesses. The challenge for advisors working with this group is that the business succession risks are greater than ever because nearly a third of owners have no…

3rd Annual Dynasty Trust State Rankings Chart Released

Every year, nationally renowned estate planning and asset protection attorney, Steven J. Oshins, J.D., AEP (Distinguished), puts together a state rankings chart for Dynasty Trusts, showing which states rank among the highest in the country for Dynasty Trust planning. To download a free copy of Steve’s 3rd Annual Dynasty Trust State Rankings Chart, complete the form below. In particular, some highlights of this year’s chart: include: The top 3 states are #1 South Dakota, #2 Nevada and #3 Alaska. The #4, #5 and #6 states will surprise many people. More weight was put on Decanting in this year’s chart versus…

Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction

Download Printable Article By Steven J. Oshins, J.D., AEP (Distinguished) Most estate planners automatically situs their clients’ irrevocable trusts in the jurisdiction in which the client resides without considering the possibility of using a different jurisdiction. This is often done for no reason other than the fact that it is customary to do so. However, in many situations this decision causes a loss of potential benefits that may have been obtained by exploring the use of a different trust situs. Following are some of the common reasons to situs an irrevocable trust in a different jurisdiction: Reason #1: State Income…

Why Offshore Trusts Do Make Sense (A Brief Story)

By Jeffrey M. Verdon, J.D. Advising your clients on establishing and funding an offshore asset protection trust (APT) can be challenging. After all, what client wants to spend tens of thousands of dollars to take preventative steps against something they just don’t expect to happen? It is a lot like the decision a person goes through when buying a life insurance policy. I have never met a widow who thought her husband was over insured, but convincing the insured to purchase a policy can be a challenge. So it is with the offshore APT – the client must be sued…

Asset Protection Philosophy 101 by Steve Oshins

As featured in WealthCounsel Quarterly Newsletter. To subscribe to WealthCounsel’s free newsletter, click here. Asset protection has become a necessary part of every estate planner’s practice. As we see case law develop, it seems that every time a new decision is issued there are numerous blogs and comments made about the case at conferences, whether positive or negative. The litigators generally claim that the new case spells the end of the technique that was used and failed to work in this particular case. They will often claim that a technique “doesn’t work” based on one bad case. The asset protection…