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Asset Protection Trusts after Toni 1 v. Wacker: Strategies, Concerns and Important Considerations for the Conscientious Advisor



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Asset Protection Trusts after Toni 1 v. Wacker: Strategies, Concerns and Important Considerations for the Conscientious Advisor    

Advisors have many choices as to what to do concerning existing and possible future Asset Protection Trust planning in view of developing case law which may apply the law of a settlor or creditor's situs to rule that creditors may invade APT trusts that may benefit its settlor.  

Join Alan GassmanMartin Shenkman and Jonathan Blattmachr to learn what the possible state, estate and income tax law consequences may be of such findings, what planners can do now to avoid possible problems and enhance expected results from such challenges.  

 
Topics covered will include: 
  • The Toni 1 Trust case and other cases and law that give signs of decisions yet to come, including Hansen v Denkla and its progeny.  
  • How to stop DAPT attacks in their tracks.
  • How to use offshore trust law as a back up for existing domestic APT's without causing foreign trust filing headaches or losing S corporation status. 
  • How to avoid having creditors invade trust assets even if a state court decision is hostile to an APT situation.
  • How the bankruptcy law and 10 year look back rules can be used to attack and defend APTs.
  • Discussion of status and modification of Trust Protector situations and provisions. 
  • Income and estate tax planning with existing and new APTs in view of these developments.
  • Design and use of adding offshore LLC's and other non-trust entities for protective APT trust planning purposes, including discussion of dual registered Delaware/foreign corporation rulings, the Barber and Seargent cases, and the use of foreign foundations as an alternative to APT's. 
  • Nevis and Delaware TBE trusts for clients who reside in TBE states. 
  • Attendees will receive client letters, key provisions to include in APT trusts, and an electronic copy of Allan Gassman's 405 page  book entitled Florida and Federal Asset Protection Law, which features coverage of these topics and more. 


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