Form An Asset Protection Trust Today
Learn about one of the easiest ways to protect your hard-earned assets from possible creditors
Forming a Domestic Asset Protection Trust With Anderson
Anderson Advisors will help you decide which type of Asset Protection Trust will provide you and your family with the most benefits. It could be a Foreign Asset Protection Trust, a Medicaid Asset Protection Trust, or perhaps a Domestic Asset Protection Trust (DAPT) which is a self-settled spendthrift trust designed to protect the assets of the grantor from future creditors. A DAPT can offer exceptional asset protection if an independent trustee controls the distributions, which can be made to the grantor or designated beneficiaries.
Those who benefit most from a DAPT include:
- Real estate developers with personal guarantees
- Business owners
- Individuals who wish to protect an inheritance from creditors
- High-risk professionals, such as doctors and lawyers, who are exposed to personal liability
Asset Protection Experience You Can Trust
A DAPT can function on its own, but it is best used in combination with an existing business structure. Anderson can create a DAPT for you as a stand-alone trust, in conjunction with your existing business(es), or we can create a new business structure for you to incorporate your DAPT. There are many rules and regulations to consider when forming a DAPT, such as the state in which it is formed and that state’s exemptions and the length of time a creditor can bring a claim. These are all things your Anderson expert will discuss with you when forming your Domestic Asset Protection Trust.
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What You Can Expect When Forming a Domestic Asset Protection Trust with Anderson
First, you’ll be scheduled for a private Strategy Session with an advisor to discuss your personal situation. Should you and your advisor decide that a DAPT is the best solution for you, they will work with you to customize this solution to fit your specific needs. Should a DAPT not be best for you, Anderson will help you find and develop the trust that is best for you. Anderson can incorporate your DAPT into your existing business structure, or form an LP or LLC (in a state that offers charging order protection) to supplement your DAPT, which greatly enhances the protection and privacy of the trust.
Again, not all states offer DAPTs and the protections in each state are not the same. It is important to speak with an experienced advisor to discuss how this option suits your needs. Contact one of our representatives today to see if a DAPT is right for you.
Anderson Advisors FAQ
What Trusts can Protect Assets?
Although a simple probate-avoidance trust can’t shield assets from creditors, there’s a whole industry devoted to asset protection. If you put money in an irrevocable trust—one you don’t control and can’t revoke—then the money probably won’t be considered yours any more, and it won’t be available to creditors. Wealthy people who are worried about lawsuits may create very complex trusts, often set up with an offshore trustee. They may also set up Limited Liability Companies or entities called “family limited partnerships.”
Can Creditors get to Assets ?
What is a Revocable Living Trust?
A Living Trust is the kind of trust a lawyer might recommend when you’re writing your will and taking other estate planning steps. Its primary purpose is to save your family the expense and hassle of probate after your death.
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