The Good, Bad and Ugly: Choosing Your Trust Protector
The linchpin of the offshore trust hinges on control -- or lack thereof. In essence, the offshore trust requires that you trust a foreign trustee who will be given exclusive control over your assets. This separation of ownership must be absolute and anything to the contrary will run against its efficacy as an asset protection and estate planning structure. This can be an uneasy feeling for some. Naturally, relinquishing ownership over your assets and placing control in the hands of a stranger is an intimidating proposition; undoubtedly, this is a legitimate cause for concern. The following questions thus linger in the minds of those considering [...]
The Offshore Trust: A Primer
The offshore trust reigns supreme when it comes to superiority and efficiency in the asset protection world. They are not subject to the jurisdiction of United States courts nor can they be persuaded by results-oriented U.S. judges and juries. In fact, if properly structured, the offshore trust provides more protection and security than any other structure utilized in the asset protection realm (with the caveat that the offshore trust may not be necessary in every circumstance). Still, when used in combination with the limited liability company, limited partnership and other offshore and onshore structures, the offshore trust is a formidable tool that gives you much leverage against a [...]
Yes, You Need A Trust Protector
The importance of having a trust protector should not go overlooked. Generally, the protector is in charge of overseeing trustee actions for the sole purpose of preserving trust assets. Specifically, the protector can be whatever you want her to be as per your trust documents. Thus, while a properly structured trust protects assets against outside creditor attack, the protector, evidently, protects trust assets against internal threats by the trustee. In essence, the protector acts as another layer of protection for your wealth. To better understand its function, consider the following illustration: Here, the trustee is in charge of administering and managing the trust. Assets are [...]