By Patricia Donlevy-Rosen Archives - Page 3 of 14
Subscribe via RSS Feed Connect on LinkedIn View videos on YouTube

By Patricia Donlevy-Rosen

ENHANCING CREDITOR PROTECTION OF IRA FUNDS: Inherited and Otherwise

ENHANCING CREDITOR PROTECTION OF IRA FUNDS: Inherited and Otherwise

This newsletter discusses protecting an inherited IRA and your own IRA from creditors, particularly in view of the 2014 Supreme Court case of Clark v. Rameker.

Continue Reading »

CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

This newsletter discusses contempt of court, and a new case that reaffirms the right to establish offshore trusts without fear of incarceration.

Continue Reading »

FRACKING: The Coming Litigation Storm…

FRACKING: The Coming Litigation Storm…

Volume XXII • Number 1 • March/April 2014 INTRODUCTION. Fracking (hydraulic fracturing) is a drilling process that was first commercially used in 1949, and one whose use has exploded in recent years. Fracking involves forcing fluid at high pressure into a geologic formation containing oil or gas. The fluid fractures the formation, allowing oil and […]

Continue Reading »

Spousal Transfers: We Told You So

Spousal Transfers: We Told You So

We are often asked by potential clients, “Can’t I just transfer my assets to my spouse to protect them?” We have always recommended against that “strategy” for a number of reasons, not the least of which, we tell our clients: “What if she/he decides to divorce you? You could lose it all forever.” Another significant reason is that the transfer could be easily “undone” by a court if a fraudulent transfer is found to have occurred. Thus, no asset protection.

Continue Reading »

A Review and Critique of the 2013 Ohio Legacy Trust Act

A Review and Critique of the 2013 Ohio Legacy Trust Act

Effective March 27, 2013, Ohio joined the growing list of states that have enacted asset protection trust legislation. This article provides a review and critique of the asset protection aspects of the Ohio Legacy Trust Act (Act).

Continue Reading »

Ohio Legacy Trusts: A New “Protective” Trust Law?

Ohio Legacy Trusts: A New “Protective” Trust Law?

Ohio has joined the growing list of states which have enacted asset protection trust legislation. Chapter 5816, Revised Code of Ohio, enacts the Ohio Legacy Trust Act, which, on and after March 27, 2013, permits the creation of self-settled spendthrift trusts called “Legacy Trusts”.

Continue Reading »