Articles

The How’s and Why’s of Offshore Trusts in Asset Protection Planning

Howard Rosen, Esq. • May 17, 1996

This article will focus on just what the title indicates: how and why offshore trusts are used in asset protection planning. The article will review certain aspects of domestic law which limit the ability of a domestic trust to provide meaningful asset protection, and will compare those laws with the laws of certain offshore jurisdictions which address the same issues in a different way, with vastly different results. In addition, the article will highlight selected trust clauses which can enhance the protection afforded by careful selection of a situs jurisdiction.

Asset Protection Planning: Physician – Don’t Heal Thyself!

Howard Rosen, Esq. • October 17, 1995

As busy as physicians are, some attempt to save the time it might take to seek qualified advice concerning asset protection planning, and utilize the following “do-it-yourself” “methods”.

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.

Ethical Considerations in Asset Protection Planning

Howard Rosen, Esq. • May 17, 1993

Much has been written lately about asset protection planning (“APP”): offshore trusts, offshore trust jurisdictions, limited partnerships, and fraudulent transfers. The purpose of this article is to discuss the ethical considerations an attorney must address when rendering services in this expanding sub-specialty.

Asset Protection and Retention Control: Is Peaceful Co-Existence Possible?

Howard Rosen, Esq. • October 17, 1992

Traditional thinking has held that protecting your assets from future creditors while continuing to control and enjoy the income from those assets are mutually exclusive goals. In his article, attorney Howard Rosen explains how the combined use of established business and estate planning techniques can permit both to be realized.

Foreign Irrevocable Life Insurance Trusts Can Save Estate and Income Tax

Howard Rosen, Esq. • October 17, 1992

On the tax side of rendering estate planning services, the estate planner is faced with Federal income, gift, estate, and generation-skipping tax issues. All of these issues (and more) must be addressed in the context of an irrevocable life insurance trust (“ILIT”) established in a foreign jurisdiction.