By Howard Rosen

Rush University Case: What Could Have Been Done Differently?

Howard Rosen, Esq. • January 17, 2013

A 2012 Illinois Supreme Court case, Rush University Medical Center v. Sessions, has been touted as proof that asset protection trusts, especially offshore trusts, do not work. In this issue we will clarify and enlighten our readers as to why that particular offshore trust failed to protect assets, and we will point out what could and should have been done differently so that the protective planning would have worked as intended.

What is an entity trust? (video)

Howard Rosen, Esq. • October 18, 2012

Asset Protection: A Necessary Response to “Out of Control” Litigation

Howard Rosen, Esq. • August 21, 2012

In today’s society litigation is often used a means for the accumulation of wealth — not only for greedy plaintiffs, but for their unscrupulous lawyers as well. The proliferation of all types of liability claims and new theories of liability, coupled with ever-increasing insurance premiums and defense costs have stunned the business and professional community in the United States.

Selected Planning Issues: Planning After the Lawsuit – Can it be Done?

Howard Rosen, Esq. • August 17, 2011

It is often said that once a person has been sued nothing can be done to protect assets. This is usually true. The knowledgeable asset protection professional will, however, be able to recognize the few exceptions to that rule. The ability to recognize and utilize the exceptions will depend upon a thorough understanding of the relevant fraudulent transfer law.

Titling Assets: Pitfalls to be Avoided – Part II

Howard Rosen, Esq. • February 17, 2011

Many individuals attempt to implement asset protection on their own. Among the “do-it-yourself” methods commonly utilized is titling and re-titling assets among a spouse, children and others (friends & family members). Instead of accomplishing the desired protection, these “strategies” often expose the transferred asset to additional creditors, cause family conflicts, and raise gift and estate tax issues.

Estate Freeze Update: New Law – New Opportunity

Howard Rosen, Esq. • January 17, 2011

Volume XX, Number 1 – JANUARY 2011 INTRODUCTION More than 10 years ago we wrote an issue of the APN on estate freeze planning (Vol. IX, No. 1). The essence of estate freeze planning is just what it sounds like: the value of an asset (or assets) is “frozen” at today’s value for future estate […]