Which Life Events Require an Immediate Estate Plan Update?

June 22, 2017

Estate planning is the process of developing a strategy for the care and management of your estate if you become incapacitated or upon your death. One commonly known purpose of estate planning is to minimize taxes and costs, including taxes imposed on gifts, estates, generation skipping transfer and probate court costs. Continue reading

The Achilles Heel to Domestic Asset Protection Laws?

June 21, 2017

Jay Adkisson recently highlighted the Nevada case of Transfirst Group, Inc. v. Magliarditi, 2017 WL 2294288 (D. Nev., May 25, 2017), in which fraudulent transfers (i.e., transfers of assets made to frustrate a creditor) were the subject of an injunction to prevent the debtor from moving assets beyond the creditor’s reach. The creditor took the position that certain entities (LLC, corporation, partnership, trust) were merely alter egos of the debtor, and therefore those entities were also subject to the claims that the creditor held against the debtor. Continue reading

How to Pick a Trustee, Executor, and Agent Under a Power of Attorney

June 16, 2017

While the term fiduciary is a legal term with a long history, it very generally means someone who is legally obligated to act in another person’s best interests. Trustees, executors, and agents are all examples of fiduciaries. Continue reading

If You Can’t Defend, then Decant! (To Protect Assets in a Divorce)

 June 14, 2017
I would like to thank Alexander Bove and Melissa Langa for reminding me through Leimberg Information Services, Inc. of the Ferri vs. Powell-Ferri case and the more recent update pertaining to the Massachusetts Supreme Court case (the cite for which is MICHAEL J. FERRI, trustee vs. NANCY POWELL-FERRI, SJC-12070 (Suffolk 3-20-17), which addressed specific aspects of the case. Continue reading

Asset Protection Put to the Test—Issue—Is an LLC Enough Protection for my Assets—Don’t Count on it!

June 8, 2017

In the bankruptcy case of In re Cleveland, a debtor found just how non-protective a limited liability company (LLC) one-member can be in the face of creditors. The court ruled that such an LLC provides absolutely no protection from the LLC-owner’s creditors. Continue reading

Domestic Asset Protection Trust Not Obligated to Pay Spouse’s Alimony and Child Support

June 6, 2017

For those who have been saying that domestic asset protection trusts (“DAPTs”) don’t work, the new Nevada Supreme Court case of Klabacka v Nelson has at least concluded that with regard to Nevada residents, Nevada asset protection trusts do work, even in highly sensitive situations that involve divorcing spouses. Continue reading