Domestic Asset Protection Trusts: Key Strategies for 2013

Leveraging DAPTs, Combining with Double LLCs, Navigating Jurisdictional Differences, and Understanding Limitations of Mortensen

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, May 29, 2013

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide estate planning counsel a review of the benefits of domestic asset protection trusts (DAPTs) as an asset protection vehicle. The panel will discuss combining DAPTs with two LLCs, navigate the differences between jurisdictions, identify Tier 1 DAPT states, and analyze the implications and limitations of the Mortensen case.

Description

DAPTs have become an integral part of many asset protection plans. Clients from all 50 states and Washington, D.C., are candidates for this type of planning, so counsel must understand the significant differences among the jurisdictions that allow DAPTs.

Combining the DAPT with two LLCs has become a popular strategy. This structure adds layers of protection that go beyond the protection provided by a DAPT alone. Understanding the limitations and implications of the Mortensen case and the context in which it applies is important.

Listen as our panel comprised of estate planning and asset protection attorneys and a tax expert discusses best practices for using DAPTs. The panel will review combining DAPTs with the double LLC, identify the differences among jurisdictions, and analyze the Mortensen ruling.

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Outline

  1. Asset protection planning
  2. How the domestic asset protection trust works
    1. Statute of limitations
    2. Fraudulent transfers
    3. Exception creditors
  3. Tier 1 DAPT states
    1. Which one is best?
    2. Why?
  4. Mortensen case
    1. Facts of the case
    2. Decision
    3. Why the holding was not a surprise
    4. What Mr. Mortensen should have done instead
  5. Combining the DAPT with the double LLC
    1. Why this structure works so well
    2. How this structure works upon a creditor attack

Benefits

The panel will review these and other key questions:

  • Which states have the most effective DAPT statutes?
  • In asset protection planning, what factors should counsel consider in deciding how and where to structure the DAPT?
  • What is the impact of the Mortensen case on DAPTs?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Oshins, Steven
Steven J. Oshins
Member
Oshins & Associates

Mr. Oshins' practice focuses on estate planning and asset protection. He was named Las Vegas Trusts and Estates...  |  Read More

Keebler, Robert
Robert S. Keebler
Partner
Keebler & Associates

As a CPA and tax advisor, Mr. Keebler’s practice includes family wealth transfer and preservation planning,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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