Tag: estate tax

WHO SHOULD BE THE TRUST PROTECTOR OF YOUR ASSET PROTECTION TRUST? IT REALLY DOES MATTER!

Howard Rosen, Esq. • May 31, 2019

What is a “trust protector”? Although our common law of trusts dates back almost 1,000 years, the concept of the trust protector is a 20th century development, primarily used in offshore asset protection trusts.

OFFSHORE TRUSTS & OFFSHORE ACCOUNTS: WHAT’S THE DIFFERENCE?

Howard Rosen, Esq. • December 27, 2018

Potential clients often call us asking if we can set up an “offshore account” for them. Is this what they really mean, or are they (or should they be) asking about an offshore trust? In this issue we’ll compare the asset protection efficacy of an individual establishing an offshore account versus establishing an offshore trust which itself establishes an offshore account.

LAWSUITS IN THE COOK ISLANDS: PROPER TRUST STRUCTURING SAVES THE DAY (and the trust)!

Howard Rosen, Esq. • April 26, 2018

We have often stated that the only way for a creditor to “get at” the assets held in a properly structured Cook Islands asset protection trust is for the creditor to bring a case in the Cook Islands. Why? The Cook Islands court is the only court which has jurisdiction (power) over the trustee, which, under trust law, is the holder of legal title to trust assets.

PROTECTING ASSETS FROM VENEZUELAN AND OTHER CONFISCATION: IMMEDIATE ACTION NEEDED

Howard Rosen, Esq. • August 15, 2017

Today, with the ongoing turmoil in Venezuela, asset protection planning has taken on a more important aspect: protecting assets from confiscation by Venezuela (and other governments of that type), regardless of whether one desires to immigrate to the US.

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 […]