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๐ก๏ธ Overview: Why Creditor Protection Matters
Creditor protection is essential in comprehensive financial planning. Liability risks from accidents, lawsuits, or malpractice can far exceed insurance coverage, especially for professionals and business owners.
๐ American Bar Association: Asset Protection Planning
https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/asset_protection_planning/
๐งฑ Core Legal Tools & Strategies
1. Limited Liability Companies (LLCs)
LLCs help isolate risk. In states with charging order protection, creditors canโt seize assets โ they can only receive distributions (if any are made).
๐ Nolo: What is a Charging Order?
https://www.nolo.com/legal-encyclopedia/charging-orders-llcs.html
2. Irrevocable Trusts & SLATs
- Spousal Lifetime Access Trusts (SLATs) provide access to income and principal for a spouse but keep the assets protected from creditors.
- Grantor trusts can be โdisregardedโ for tax purposes while still offering creditor protection.
๐ Cornell Legal Information Institute: Irrevocable Trust
https://www.law.cornell.edu/wex/irrevocable_trust
3. Domestic Asset Protection Trusts (DAPTs)
DAPTs are self-settled irrevocable trusts available in ~17โ20 states, including:
- Nevada
- Delaware
- South Dakota
- Alaska
๐ Delaware DAPT Statute (12 Del. Code ยง 3570โ3576)
https://delcode.delaware.gov/title12/c035/
๐ Alaska Trust Act Summary
https://www.trustalaska.com/docs/AKTrustAct.pdf
4. Tenancy by the Entirety (TBE)
In states that recognize TBE, assets owned jointly by spouses are protected from creditors of just one spouse.
๐ National Paralegal College: Tenancy by the Entirety
https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/EstatesInLand/TenancyByTheEntirety.asp
๐ Florida Statute on TBE (FS 655.79)
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0655/Sections/0655.79.html
5. Inherited or Beneficiary-Controlled Trusts
A beneficiary can set up a trust to receive inheritances, preventing outright ownership that exposes assets to divorce, lawsuits, or mismanagement.
๐ Forbes: Beneficiary-Controlled Inheritance Trust
https://www.forbes.com/sites/alangassman/2020/03/14/the-beneficiary-controlled-inheritance-trust/
๐๏ธ Entity Structuring
Holding Companies & Subsidiaries
Using a Wyoming LLC as a holding entity and separating real estate, IP, and vehicles into subsidiaries limits the impact of any one lawsuit.
๐ Wyoming LLC Act (WY Stat. ยง 17-29)
https://sos.wyo.gov/Business/Docs/WY_LLC_Act.pdf
๐งฎ Tax-Advantaged Trust Planning
6. Complex (Non-Grantor) Trusts
Used to:
- Separate taxable income from high-income grantors
- Deduct charitable contributions
- Plan around SALT caps and standard deduction limits
๐ IRS Instructions for Form 1041 โ Trusts & Estates
https://www.irs.gov/instructions/i1041
7. IRA & Qualified Plan Protection
- 401(k) plans are protected by ERISA under federal law.
- IRAs are protected in most states, but inherited IRAs may not be (see Clark v. Rameker).
๐ Clark v. Rameker (SCOTUS ruling)
https://www.supremecourt.gov/opinions/13pdf/13-299_6k47.pdf
๐ National Association of Insurance Commissioners: Whatโs Covered
https://content.naic.org/sites/default/files/publication-whats-covered.pdf
โ๏ธ Fraudulent Transfers & Timing
Avoid making asset transfers after an incident, as courts can reverse them under:
๐ Uniform Voidable Transactions Act (UVTA)
https://www.uniformlaws.org/committees/community-home?communitykey=9d2cdd2c-6973-4b5d-b769-a0b9f5e5e6a5
๐ Uniform Fraudulent Transfer Act (UFTA)
https://www.law.cornell.edu/wex/uniform_fraudulent_transfer_act_(ufta)
๐บ๏ธ State-by-State Exemption & Protection Rules
Each state differs in how it protects:
- IRAs and annuities
- Life insurance cash value
- Homesteads
- Personal property exemptions
๐ Nolo: Asset Protection by State
https://www.nolo.com/legal-encyclopedia/asset-protection-strategies-by-state.html
โ Advisor Action Steps
- Inventory all client assets and how theyโre titled.
- Review exposure based on profession, location, and marital status.
- Evaluate using SLATs, DAPTs, LLCs, or complex trusts.
- Stay ahead of lawsuitsโtiming matters for legal protection.
- Always consult with an estate planning or bankruptcy attorney if litigation risk is high.
Just really great depth to areas I like to explore in asset protection and use of Trusts, etc. Great knowledge.
- Robert T.
Learned about the new Estate View Ai program, which looks really amazing!
- Elizabeth L.
SLAT, Tenancy by the Entirety, Trust for Health, Education, Maintenance, and Support is classic HEMS setup, Marital Asset Preservation System MAPS requires surviving spouse to create trusts for common descendants, File form 3520 for Offshore Asset Protection Trust and 3520a every year after, AI reviewing operating agreements. Mr. Gassman's Webinar are always packed full of complex information. I wish I had the time to watch them 3x to truly get all the knowledge.
- Aaron S.
Attendees Comments:
Just really great depth to areas I like to explore in asset protection and use of Trusts, etc. Great knowledge.
- Robert T.
Learned about the new Estate View Ai program, which looks really amazing!
- Elizabeth L.
SLAT, Tenancy by the Entirety, Trust for Health, Education, Maintenance, and Support is classic HEMS setup, Marital Asset Preservation System MAPS requires surviving spouse to create trusts for common descendants, File form 3520 for Offshore Asset Protection Trust and 3520a every year after, AI reviewing operating agreements. Mr. Gassman's Webinar are always packed full of complex information. I wish I had the time to watch them 3x to truly get all the knowledge.
- Aaron S.