Author Archive: Howard Rosen, Esq.

The Uses and Abuses of Offshore Trusts

Howard Rosen, Esq. • September 17, 1995

Trusts have been used since the Crusades to protect assets. The trust concept and case law are deeply embedded in English common law jurisdictions. Domestic trusts — e.g., those trusts established under the laws of a U.S. jurisdiction — provide very limited (if any) asset protection for the settlor if he is also a trust beneficiary or has retained a certain level of control over the trust.

Limited Liability Companies: Ready for Prime Time?

Howard Rosen, Esq. • May 1, 1995

Limited liability companies are being utilized more and more as one state after another adopts a version of a limited liability company statute. A Uniform Limited Liability Company Act was proposed in August, 1994, but as of this writing, no state has adopted it.

Offshore Trusts: A Closer Look

Howard Rosen, Esq. • February 1, 1995

The use of offshore trusts in asset protection planning was briefly discussed in Volume I, Number 4. In this issue we will take a more detailed look at how and why offshore trusts are used in asset protection planning, the tax consequences of utilizing an offshore trust in your planning, and the circumstances under which the technique may not be used.

Limited Partnerships: A Closer Look

Howard Rosen, Esq. • January 1, 1995

The use of limited partnerships in asset protection planning was generally discussed in Volume I, Numbers 3 & 4. In this issue we will take a more detailed look at how and why limited partnerships are used in asset protection planning, and the limitations of the limited partnership technique.

Traps and Pitfalls of Do-It-Yourself Asset Protection

Howard Rosen, Esq. • July 1, 1994

A client recently said, “My property is protected; my wife and I own everything as joint tenants with right of survivorship”. WRONG!

Asset Protection In Real Life

Howard Rosen, Esq. • April 1, 1994

Florida has received a lot of bad press in recent years as a result of notorious types like Bowie Kuhn moving here from up north at the “eleventh hour” to establish an exempt Florida homestead. Our legislature has had enough, and is now considering a proposed constitutional amendment which could force a homeowner with more than $350,000 of equity to sell the home to pay creditors.