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LODMELL & LODMELL

Concept 6 of 15 · About 2 minutes

Jurisdiction

The rules change from one state or country to another.

You may know the word jurisdiction from a detective story, when local police and federal agents disagree over who has authority. In asset protection, the same broad idea matters: which place has legal power, and which rules apply?

People and trusts are governed by laws that differ from state to state and country to country. Those differences can determine whether a particular trust arrangement is allowed and what protection it can provide.

For example, some places allow the combination discussed in the first five lessons: an irrevocable, self-settled trust with spendthrift provisions. Other places do not give that combination the same protection.

Even among places that allow it, the rules are not identical. The permitted claims, court procedures, and other limits can change the result. Choosing a place because it has an attractive name is not enough.

Jurisdiction is therefore part of the structure, not a detail to add at the end. The next lesson looks at why a foreign jurisdiction can add an edge to an asset protection plan.

Check the concept

What does jurisdiction help determine?

Choose one answer.

Do all places that allow asset protection trusts use the same rules?

Choose one answer.

Educational information. Your legal and tax advice must fit your own facts.

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