Experienced Asset Protection Attorney Explains Why The Domestic Asset Protection Trust (DAPT) Should Not Be Used For Asset Protection
The domestic asset protection trust ("DAPT") is an irrevocable trust that allows the settlor (or creator) of a trust to be a discretionary beneficiary. While this trust has some advantages, it should not be used for asset protection as recent litigation has highlighted concerns about the domestic asset protection trust.
1. Know how to Spot
The domestic asset protection trust is often referred to as a "self-settled trust" because the settlor is also one of the beneficiaries. Self-settled trusts allow the trustee to have discretion of whether to make distributions to the settlor, while simultaneously protecting the assets from the settlor's creditors.
2. Only Twelve Jurisdictions Recognize the
The DAPT's major downfall is that it is only recognized in twelve states in
3. Use the
As an alternative, the limited liability company ("LLC") is a far more adequate entity for asset protection planning. Not only is the limited liability company recognized throughout all of
4. Use the Limited Partnership Instead of the DAPT in Planning
A limited partnership has one or more general partners, and one or more limited partners. The limited partnership's general partner(s) have the same rights and liabilities as partners in a general partnership – namely the right to manage the partnership. They also have unlimited personal liability for partnership debts. Limited partners, on the other hand, have no managerial authority. Their personal liability is limited to their investment in the partnership. This makes the limited partnership a great tool for protecting assets.
5. Advice for Individuals who currently have a
The best advice that can be offered to any person who has a domestic asset protection trust is to have their plans reviewed by a knowledgeable and experienced asset protection attorney. Such professional will be able to determine whether a plan will be effective in a particular state and/or what can be done to adjust future planning so that it does. Even if all are certain that the planning has been effective, it is advisable to obtain a second opinion.
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Read the full story at http://www.prweb.com/releases/2016/06/prweb13476327.htm


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