Frequently Asked Questions About Offshore Trusts and Asset Protection Are offshore trusts legal? Absolutely. Generally speaking, trusts are some of the oldest legal tools in existence. They have been around for centuries, and courts have repeatedly upheld them as a…
Asset protection works. If you have assets, it most certainly makes sense that you consider devising an asset protection strategy and implementing an asset protection plan as soon as possible. Why the urgency, you might ask. The answer has everything…
Let's think about fraudulent transfers in a different way, just for a moment. Consider the example of Doc Holliday, a dentist who has recently lost a malpractice suit (but really it can be any type of person who has lost…
If questions about asset protection in financially unsafe times are on your mind, you're not alone. In addition to wondering "how do I protect my assets from lawsuits?" one primary area of concern has been the preservation of purchasing power…
Many of our clients have questions about strategic default and the consequences that can follow from defaulting on a mortgage that is "underwater." When the value of the real estate that is security for a loan falls below the amount…
Our first article on college 529 plans and asset protection generated a lot of questions that we're going to address in a series of articles. College 529 savings plans were created by an amendment to the Internal Revenue Code in…
If a creditor successfully obtains a judgement against a debtor, the next step in the legal process is for post-judgment discovery to occur. This is also sometimes referred to as discovery in aid of execution, and it is through this…
A lot of people wonder about the legality of asset protection strategies, and rightfully so. There are many, many people who market and sell asset protection plans that either won't work, are unlawful, or both. All of our plans are…
Recently the Texas Supreme Court ruled that a death caused by a spider bite is the proper subject of a medical malpractice lawsuit. It seems that courts are getting carried away (even more than usual), which is why any complete…
In some states, limited liability companies ("LLCs") and family limited partnerships are protected by charging order statutes. A charging order is a judicial remedy that can be used by a creditor to collect from a debtor who owns an interest…