Equity Stripping: Asset Protection – Pros & Cons

The Good, The Bad and The Ugly of Equity Stripping Although equity stripping can be effective (and sometimes the only) means to protect assets, it requires much skill to implement properly. Poorly designed programs are often either vulnerable to fraudulent transfer rulings, or are costly from a tax and/or economic perspective. In addition to exploring […]

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Life Insurance 102

Life Insurance 102 – video transcript Last time, we discussed the historical aspects of insurance when life insurance first came about, the various products and most importantly, the three fundamental questions you need to ask yourself about any life insurance purchase: What do I need or do I need it? How much of that life […]

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Contest Clause

Example Contest Clause If any Person, including a Discretionary Beneficiary, shall, in any manner, either:(i) directly or indirectly, attempt to contest or oppose the validity of this Trust, or any other Trust settled, on or after the date of this Settlement, by the Settlor, the Spouse of the Settlor, or both, or   (ii) commence […]

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Getting Assets Out of APT During Settlor’s Life

Trustee The Trustee shall stand possessed of the Trust Fund for the benefit of all or any one or more of the Discretionary Beneficiaries and with such powers of appointment, maintenance and advancement in favor of all or any one or more of them, as the Trustee, with the written consent of the Protector, may […]

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Coordinating Your Asset Protection Trust With Your Estate Plan or Will

Download PDF – Coordinating Your Asset Protection Trust With Your Estate Plan or Willby Rob Lambert (3 pages)Download Here Coordinating Your Asset Protection Trust With Your Estate Plan(If You Are Doing Your Estate Planning With An Estate Planning Trust)Provided that the Settlor has actually settled an estate planning trust (hereinafter Settlor’s Estate Planning Trust) specifically directing […]

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Rule Against Perpetuities Savings Clause

Below is a typical example of a rule against perpetuities clause from your average asset protection trust.Rule Against Perpetuities Savings Clause ExampleTrust Period means the period commencing with the date of this Settlement and ending on the first to occur of the following dates, namely:(i) The date of the sixtieth anniversary of the date of […]

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What is a offshore asset protection trust?

There are many types of trusts, but for this example, I will define an asset protection trust as any trust formed for a term of years in a foreign jurisdiction, which does not recognize (or imposes significant barriers to the recognition of) United States judgments. Honestly, this is every country in the world since every […]

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Typical Excluded Persons Clause

The following list of Excluded Persons shall be interpreted in its broadest sense, and shall include the following Persons: All courts, panels, administrative or judicial bodies. Any and all creditors, claimants or judgment creditors of any settlor or of any Discretionary Beneficiary, or of any other Beneficiary under the Settlement. Any and all creditors, claimants […]

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