Category Archives: Asset Protection

Peering Through the Legal Prism: When Asset Protection Becomes Fraudulent

VIEW IN PDF:  Tax News & Comment — August 2011 I.  Introduction English law addressing fraudulent conveyances dates back to the early Middle Ages. The first comprehensive attempt to prohibit such transfers appeared in the Fraudulent Conveyances Act of 1571, … Continue reading

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Peering Through the Legal Prism: When Asset Protection Becomes Fraudulent

VIEW IN PDF:  Tax News & Comment — August 2011 I.  Introduction English law addressing fraudulent conveyances dates back to the early Middle Ages. The first comprehensive attempt to prohibit such transfers appeared in the Fraudulent Conveyances Act of 1571, … Continue reading

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Prenuptial Agreements

Prenuptial agreements can provide for property, support, inheritance, and custodial rights in the event of divorce or death. Many persons, especially those remarrying, will insist upon such an agreement. Continue reading

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DELAWARE ASSET PROTECTION TRUSTS ECLIPSE OFFSHORE ENTITIES

EPTL § 7-1.3 provides in stark language that “[a] disposition in trust for the use of the creator is void as against the existing or subsequent creditors of the creator.” This prohibition against self settled spendthrift trusts has led some New York residents to create asset protection trusts in exotic places such as the Cayman or Cook Islands, or in less exotic ones, such as Bermuda or Switzerland. Continue reading

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Asset Protection Seminar: July 27, 2010 in Lake Success, NY

Download Seminar Invitation:  Asset Protection Seminar Invitation I would like to register for the July 27, 2010 Asset Protection Seminar:

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Asset Protection for Professionals

Asset protection is best implemented before a creditor — judgment or otherwise — appears, since a transfer made with the intent to hinder, delay or defraud a creditor may be deemed a “fraudulent conveyance” subject to rescission. Asset protection may consist of simply gifting or consuming the asset. Continue reading

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Trust May Compliment Prenuptial Agreement

The prenuptial agreement effectively protects against the vagaries of marital dissolution. However, even a well-drafted prenuptial agreement will not always succeed in fully accomplishing this objective. For example, the agreement will likely not prevent separate property from becoming marital property if assets are commingled. Continue reading

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