UltraTrust Irrevocable Trust Asset Protection

Irrevocable Trust

Asset Protection: General/Limited Partnership, Corp Chapter C, Chapter S, LLC, Trusts

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Asset protection comparison & definitions of General Partnership, Limited Partnership, Corporation Chapter “C”, Corporation Chapter “S”, Limited Liability Companies & Revocable Trusts and Irrevocable Trusts. PART 2: ASSET PROTECTION: GENERAL/LIMITED PARTNERSHIP, CORP CHAPTER “C”/CHAPTER “S”, LLC, TRUSTS   Read PART 1: ASSET PROTECTION: JOINT TENANCY, TENANCY IN COMMON, TENANCY IN ENTIRETY & COMMUNITY PROPERTY Watch the video on Like this video? Subscribe to our channel. THE CONCEPT OF ASSET PROTECTION includes the possibility of placing title in certain assets in the name of a less vulnerable spouse or other family members, or a legal entity. One should be very attentive in transferring title without an open invitation to a “fraudulent transfer” claim against the asset transferred as a result of the possibility of death by the spouse or a family member, or the possibility of a dissolute marriage, or even a court judgment.   Fraudulent conveyance has to do with transferring assets at less than the “fair cash value” thereby defrauding a potential creditor or the intentional divesting of assets which become unavailable for satisfaction of a lawsuit. Fair cash value means cash or near cash value at the time of transfer, not the price you paid for the asset. Example: you transfer your portion of your equity in your home to your wife for $100.00 and the fair cash value of your portion of the equity was $250,000 or you transfer title to your car to your brother for $10.00.   The most common methods of holding assets by INDIVIDUALS: Joint Tenancy Joint Tenancy with right of survivorship Tenants in Common Tenancy by the Entirety Community Property (Read part 1 “Asset protection with Joint Tenancy, Tenancy in Common, Tenancy in Entirety & Community Property”) LEGAL ENTITIES (Artificial person created by application of law): General Partnership Limited Partnership Limited Liability Company Corporation under Chapter “C” Corporation under Sub Chapter “S” Revocable Trust (There are many Revocable Trust variations, since a Trust is nothing more than a Contract) Irrevocable Trust (There are many Irrevocable Trust variations, since a Trust is nothing more than a Contract)   GENERAL PARTNERSHIP A General Partnership is an association of individuals, collectively owning property or a business relationship of a collective group of individuals acting as a business unit/enterprise as a going business concern.\   The worst way to hold any asset or to do business as a partner is a General Partnership. In my opinion, there’s absolutely NO advantage, whatsoever. It’s all negative. Each member of the General Partnership is liable for all potential liabilities of each of the other partners. In other words, an employee of the General Partnership causes an accident while on company business. Each of the Partners individually can be held 100% liable. The deeper pocket theory is he who has the most to lose will lose the most. NEVER do business in General Partnership or become a partner of a General Partnership.   LIMITED PARTNERSHIP Limited Partnership is one or more General Partners and one or more Limited Partners. The General Partner(s) controls all actions of the partnership. The Limited Partners are the silent partners; the Limited Partners have no control. In certain cases the Limited Partnership has significant asset protection and tax advantages.   For example, in a Family Limited Partnership the Parents take the responsibility of day-to-day management as a 2% General Partnership (each Parent 1%) and retain 98% as Limited Partners. In each of the subsequent years, each of the General Partners (the Parents) gift each of their children an excluded gift tax amount of $12,000 (for the taxable year beginning 2006 and thereafter). Over time, the children will have a 98% interest in the Family Limited Partnership. However, the control of the Partnership remains in the hands of the General Partners (i.e. the Parents). This is a noteworthy tax-efficient way to transfer wealth from the Parents to their children tax-free.   Another tax advantage for Estate Taxes is the valuation of a minority interest as a Limited Partner due to lack of control or ability to sell a minority interest. A Limited Partner is a “Silent Partner” in the management and control and therefore, the Limited Partnership Interest has a discounted value, generally up to 40% as a minority interest, depending on the nature of the assets. Additionally, the Limited Partnership interest has a discounted marketability, up to 40%. Combined, minority interest and lack of marketability, for estate tax purposes it can be argued that the fair cash value of asset is diminished by as much as 80%. Aggressive? The IRS considers this type of discounting abusive.   For asset protection purposes, the Family Limited Partnership, for decades, has been considered the Cadillac of Unites States asset protection systems. By definition a Partnership is considered to be two or more persons.     ON FAMILY LIMITED PARTNERSHIPS The more commonly recognized advantages for the Family Limited Partnership are: Family Limited Partnership Asset protection. The creditor may not step into the shoes of the “Partner.” The only remedy for the creditor is the “charging order” obtained subsequent to litigation and judgment in favor of the creditor. A creditor who obtains a charging order is therefore liable for Federal Income Taxes on their pro-rata share of the partnership income even though the creditor may never be able to receive or collect the income. A major detriment to the creditor. Family Limited Partnership on Reduction of Federal Estate Taxes. You can make a lifetime of gifts under the gift tax rules ($12,000 for 2006 and forward) and still retain all the control. A reduction in taxable estate tax valuation by application of discounting for lack of marketability and minority interest. The negative of Limited Partnerships is the “General” Partnership interest. If the General Partner loses a frivolous lawsuit to a creditor, the creditor controls the Partnership. The other negative is that Partnership interests go to Probate and are includible assets for the Estate Tax. This problem can be avoided if the “General Partnership” interest is owned by an Irrevocable Trust.  

Asset Protection, Irrevocable Trust

5 Biggest Myths About Asset Protection and Your Small Business

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1. My business is separate from me. Your business isn’t separate from you and your family unless you make it separate. You think that you are leaving your house and going to work, but really you’re not leaving anything. If you don’t make your business separate and treat it as separate, then it isn’t. If your business gets sued, you and your family will be sued and vice versa. Attorneys sue everyone with money in their name and ask questions later when they begin their fishing expedition AKA “discovery.” If they forget to sue a party with money they cannot go back and try again for the same issue. 2. An LLC will save me and my family from any problems with the business. Great, you’ve made your business separate and created an LLC, but that doesn’t solve all of your problems. You see, there is something called, “piercing the corporate veil.” What this means is that if your business isn’t operating completely separate from your personal accounts and life, then a creditor can come after your personal assets by saying that your LLC is just a personal asset in costume. All of the books have to be in order and nothing can be paid from the business for personal use. Remember when your spouse called and asked you to get groceries and all you had was the company credit card? That could come back to haunt you. 98% of small business owners do this at least once and it is their downfall in a lawsuit. 3. Estate planning and business are two separate things. They can be, but that wouldn’t be prudent. The business has to be run by someone if something happens to you. The business has to be kept going until it can be passed on to whomever you choose. Also, estate planning devices can add an extra layer of protection, so that your business is and stays separate from you personal assets. 4. If someone sues my business partner, that has nothing to do with me. You would think so, but what if that person or entity takes part of your business and you effectively have a new unwanted partner? If you own an LLC with a partner, there are some protections called “charging orders” limit a partners creditor to only taking the assets that they would take home. Still, a savvy lawyer can get the courts to force the partner to sell his part of the business to pay the creditor. Then you have a new unwanted business partner anyway. 5. If none of my children want my business, it has to be sold. Your business can keep going long after you are gone. Your business can be held and run and all the benefits can be passed on to your children or whomever you wish. The beneficiaries don’t even have to be involved…its your business and your rules, even if you aren’t around anymore and you set it up correctly. What you can do to protect your assets: First, if you haven’t guessed it, get the business away from your personal assets. Most entrepreneurs don’t think it will happen to them because their idea is the best thing since sliced bread, but the fact is that 80% of startups don’t last 5 years. Don’t let a failed business ruin your family or life savings. You need to form an LLC, but you need to form one that is all-but-immune to “veil piercing.” You can do that by not owning your LLC. The way to work for and control an LLC without owning it is to have an Irrevocable Trust, that is built for this kind of protection like the UltraTrust, own it. If the anyone tries to “pierce the corporate veil,” they aren’t going to end up in your personal bank accounts, they are only going to end up being in trust. That’s the advantage of using what is traditionally an estate planning device to protect you and your family. If both you and your partner place all the shares of the LLC in the trust and work for the LLC, if one of you are sued or goes into debt, then there is not share for the debtor to take over. The debtor may be able to garnish some wages, but various states only let them take so much. The other partner still doesn’t have to worry about getting an unwanted creditor as a partner. So, by now, you probably guessed how to keep the business going after you are gone. A solid Irrevocable Trust like the UltraTrust will work. You put in a business savvy trustee to oversee the trust assets. That trustee makes sure that there is good management in place in the business and then “sprinkles” assets to your children or beneficiaries as they need them. All the while, the main asset is safe in the trust. The trustee even has instructions not to pay debts or court judgments, and the beneficiaries don’t own the LLC or the trust, so the LLC and accompanying assets are safe. The combination of the UltraTrust and an LLC can protect both your family and your business and keep things running smoothly long after you are gone. Protect your assets for yourself and your children and beneficiaries and avoid tax dollars. Assets can be protected from frivolous lawsuits while eliminating your estate taxes and probate, and also ensuring superior Medicaid asset protection for both parents and children with our Premium UltraTrust Irrevocable Trust. Call today at (888) 938-5872 for a no-cost, no obligation consultation and to learn more. Rocco Beatrice, CPA, MST, MBA, CWPP, CAPP, MMB – Managing Director, Estate Street Partners, LLC. Mr. Beatrice is an “AA” asset protection, Trust, and estate planning expert.

Asset Protection, Lawsuit

LLC Lawsuit Protection: 8 Case Studies

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Many business owners believe that they can simply incorporate their businesses into an Limited Liability Company (aka LLC) and they’ll achieve LLC lawsuit protection for their personal assets. However, that is an extreme oversimplification of the law and at the core of misleading consumers by the “LLC farms” out there. Lawyers should know that if a corporation or LLC owes a client money, they are allowed to sue the owners, asking the judge to pierce the corporate veil. Studies have shown that American courts disregard the corporate entity to hold shareholders liable for corporate debts in nearly 50% of cases.   As one Illinois Court noted, piercing the corporate veil is both the number one issue that arises in business litigation lawsuits and one frequently misunderstood. If business owners are not meticulous in following corporate formalities, they could find himself forfeiting corporate protection.   Piercing the corporate veil means that a judge may reach beyond the protection provided by the corporate form to hold a business owner personally liable for the company’s debts. There are two common reasons that this happens: under-capitalization and commingling of corporate assets.   3 core secrets to successful asset protection by clicking here   If a person starts a business that is likely to incur a significant debts, such as a real estate company, but does not secure adequate insurance or provide funding to pay possible claims against the company, a judge may find that the corporate shareholders are personally liable on the debt resulting in the lack of LLC lawsuit protection. Under-capitalization will most likely lead to veil piercing when it is combined with the failure to observe corporate formalities. To receive protection, a company must hold shareholder meetings and keep minutes. It must have business bank accounts used for business purposes only. Shareholders must not use personal accounts to make business purchases or vice versa.   One of the reasons that piercing the corporate veil is so dangerous for owners is that it does not attach percentages of liability based on a person’s individual wrongdoing. If corporate formalities are not observed and the veil is pierced, the law treats the corporation or LLC like a partnership. That means all shareholders will be jointly and severally liable on the total debt, even a person who owns merely a single share. The plaintiff can choose to sue whichever shareholder has assets.   A cause of action to pierce the corporate veil is not a new lawsuit. The defendants do not have the ability to attack the underlying allegations in the case against the business, even if the business would have had a viable defense. Piercing the corporate veil is a way of imposing liability for an existing judgment against the business on the owners. Thus, an owner who chooses not to defend a case brought against the company because it is incorporated may come to regret that decision later.   The best way for an individual to ensure that his or her assets are protected is to maintain control rather than ownership. Assets that are owned may be seized by creditors, even a person believes they are protected through the formation of an LLC or corporation. Even funds in a revocable trust do not have protection: If the trust may be revoked by the individual who created it, the assets within may be taken by creditors. Only a properly drafted, executed, and funded irrevocable trust provides 100% asset protection.   When a Grantor establishes an irrevocable trust, he transfers ownership of the assets into the trust. A trustee will invest and distribute the assets in accordance with instructions provided by the trust documents. Income generated by irrevocable trusts may provide income to the Grantor, but the Grantor doesn’t own the assets. Subject to Medicare’s five year “look back” period, property held in an irrevocable trust may not be used to satisfy a judgment against the grantor or against the trust beneficiaries.   Below are actual court cases from all over the country highlighting these facts:     1) LLC Lawsuit Protection Case: Peetoom v. Swanson, 630 N.E.2d 1054 (Ill. Ct. App. 2000):   The Illinois Court of Appeals applied the concept of piercing the corporate veil to a personal injury case where the plaintiff, Peetom, fell and injured himself while walking on The Swanson Group’s parking lot. She filed a lawsuit for her hospital bills and pain and suffering, and her husband filed a loss of consortium claim arising out of the accident. The trial court judge entered a default judgment against The Swanson Group in 1997. Approximately one year later, the company was dissolved by the Secretary of State for failure to comply with taxation and annual report requirements. The plaintiffs later filed an action against The Swanson Group’s owners as individuals.   The defendants argued that the two year statute of limitations for bringing a personal injury action had expired and therefore, they could not be liable. The original injury occurred on January 20, 1993. The lawsuit against The Swanson Group was filed on January 11, 1995, shortly before the statute of limitations expired. However, the suit against the owners was not filed until September 2000. The trial court granted the defendants’ motion to dismiss, but the plaintiffs appealed.   The Court of Appeals explained that piercing the corporate veil is not a cause of action like negligence, and therefore is not subject to the same statute of limitations. Piercing the corporate veil is an equitable remedy, a way of imposing liability on corporate shareholders for fraud or injustice that the corporation allowed or caused. As such, the action could be brought within five years after the corporation was dissolved, as provided by Illinois law on shareholder liability for defunct corporations. Neither the corporate form nor the fact that the defendants were not named in the original lawsuit protected them, thus resulting a failure of LLC lawsuit protection.   2) LLC Lawsuit Protection Case: Las Palmas Assocs. v. Las Palmas Ctr. Assocs.

Asset Protection, Estate Planning, Trusts

15 Things to consider when creating a trust

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In the realm of financial planning, creating a trust can be one of the most important steps in terms of achieving solid asset protection and designing an adequate estate plan. It doesn’t have to be a difficult process, but it does require thoughtful consideration and planning.       Choose the right legal or financial professional to Protect your Wealth for your family   Most individuals, and even most estate planning attorney’s unfortunately, are not familiar with estate law and how statutes can affect estate planning across different jurisdictions. It is unreasonable to expect someone who is not a legal or financial professional to be able to easily understand everything; however, certain key aspects of it can be sufficiently learned so that a do-it-yourself option becomes available.   3 core secrets to successful asset protection by clicking here   The following 15 key points are of the essence when creating a trust. Once this information is fully understood, potential grantors will understand how to the point that they can begin the process of setting one up themselves.   1 – The Need and Purpose They were originally created when the Renaissance period reached the nascent common law system of the English royal court. These legal instruments were born out of an important necessity: when English knights marched across Europe as Crusaders, they conveyed property ownership to trustworthy individuals to handle affairs such as managing land, paying feudal dues, etc. If the knight did not return to England after a battle, the terms of the entity would establish that the estate would transfer to beneficiaries, who were usually the spouse and children. In the absence of a structure, the Crown would simply claim royal rights over the deceased knight’s property, often leaving his surviving spouse and family penniless. Good asset protection is like a puzzle placing together the right pieces in the right place   The historic needs of legal structures have not changed. They are still legal documents that establish a fiduciary relationship whereby personal ownership of assets is relinquished and the property is transferred so that it can be managed by a trustee for the benefit of others.   The historic needs of legal structures have not changed. They are still legal documents that establish a fiduciary relationship whereby personal ownership of assets is relinquished and the property is transferred so that it can be managed by a trustee for the benefit of others.   The modern purposes of these entities are: asset protection, wealth management, avoiding probate, Medicaid planning, and estate planning. Individuals and couples whose assets including real estate are worth more than $100,000 should consider creating a trust for their own benefit and to protect the financial futures of their loved ones.  Please note, that only an irrevocable version protects assets from anything other than probate.   2 – The Laws and Rules Governing   In the United States, these entities fall under the laws of property, which can be different from one state to another. The most important aspects of them that can differ from one state to another are: validity, construction and administration. Validity deals with state-specific laws and rules that may render it invalid from one jurisdiction to another. For example, at one point many states adopted a rule against perpetuity, which is intended to prevent legal instruments from placing restrictions on property for too long; however, states such as Florida allows property interest that is non-vested to remain for 360 years instead of the suggested uniformity of 21 to 90 years.   Although there seems a fair amount of uniformity in terms of the laws that govern most estate planning across all states, it is imperative that individuals who set one up in one state to draft new documents when they move to another state or make sure that it’s amendable to change the situs. Once someone learns how to create one, the second time around will be substantially easier.   3 – Parties Involved   This structure create legal relationships that require at least three parties: grantor (also known as settlor), trustee and beneficiary. Each of these parties can be represented in plurality, which means that there can be more than one grantor, trustee, and beneficiary.   When learning about how to create one, the grantor must assume a decision-making role that includes certain responsibilities such as choosing the type, appointing the trustee, naming the beneficiaries, relinquishing property, and transferring the assets. Depending on the type and the way the assets are transferred, the grantor may incur into gift taxes; nonetheless, skilled advisors can come up with a strategy that can alleviate this financial burden even if your estate exceeds the federal limits for a gift exemption. The role of the grantor is pretty much completed after the assets are transferred and the paperwork is properly filed and settled.   The trustee is the party that takes over the management and oversight. The duties and responsibilities of the trustees are defined by the grantor during the construction. In some cases, grantors initially serve as trustees until they appoint someone else; some individual grantors set it up in a way that will appoint a trustee only when they become unable to assume management.   The beneficiaries are the parties who are named to eventually receive the benefits of the assets contingent on a trigger event – usually the death of the grantor(s). Beneficiaries also have duties and responsibilities: they may have to pay taxes based on the assets they receive as benefits, and they are also responsible for requesting an audit the work of the trustee to ensure that it’s being managed in accordance to the law and to the wishes of the grantor.   4 – How It Can Help a Family   With every created structure, there is an implied desire of keeping property and assets safe for the benefit of families. This implied desire is the historic factor that prompted the creation in the first place.    

Asset Protection, Estate Planning, Lawsuit

Top 10 Things to Do When Being Sued

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The threat of a lawsuit, or the prospect of litigation, sends most people into an emotional state somewhere between panic and outrage, especially if that person hasn’t protected their assets ahead of time. Running a business or getting through the daily routines of personal life can be overwhelming without the added stress of a process server, marshal or sheriff coming to your home or office with a summons and complaint.   Most people have never been involved in a lawsuit, so seeing your name or the name of your business in the caption followed by the word “DEFENDANT” can be unsettling. There are ten things you should know about lawsuits that will help you make the right decisions once the process server leaves.           1.It will not go away on its own Lawsuits must be must be taken seriously   Regardless of how frivolous or inconsequential the lawsuit might seem to be, ignoring it can have serious consequences. Failing to file a formal, written answer to the allegations contained in the lawsuit can result in a default judgment against you in favor of the opposing party. A default judgment means potentially your plaintiff can go to your bank and freeze your account or go to the registry and put a lien on your home or rental property. You won’t find out about it until checks start to bounce and you “swear there was at least $10,000 in that account.”     2.That ticking sound is a clock   The defendant in a lawsuit must file a formal answer or make a motion within a limited period of time that is set by the laws in each jurisdiction. Getting angry and tossing the lawsuit papers into a corner in your home or office to be dealt with later is a mistake. Some states limit the time to submit an answer to just 20 days or less from the date the defendant is served.   3. I can do this without a lawyer.   Without getting into all of the reasons why representing yourself in a lawsuit is a mistake, and there are many, be aware that the laws in some states, such as New York, require that an attorney appear on behalf of a corporation that is a defendant in a lawsuit. Yes, lawyers cost money that most people or small businesses cannot readily afford, but lawyers know the defenses allowed under the law and the procedures that to follow to avoid a costly errors.   4. Choose a lawyer you can depend upon.   If you are using an attorney for the first time, make certain your lawyer is familiar with the issues raised in the lawsuit. Attorney’s today are as specialized as doctors; one does not go to a brain surgeon to fix a broken leg. Ask the lawyer how many lawsuits like yours he has taken to verdict. Lawyers who settle most of the cases they handle might be good negotiators, but you also want to know that the attorney you choose can handle a trial if one is necessary.   5. Be honest with your lawyer.   The second worst mistake you can make is to attempt to defend a lawsuit without having legal representation. The worst mistake is having an attorney but failing to disclose all the facts in an honest and forthright manner. The lawyer you hire is on your side regardless of how good or how bad the facts and the evidence make you look. Lying to your lawyer, or withholding information because it portrays you in a bad light, will make it difficult for your lawyer to represent you and often times you are doing yourself a disservice because when that information you are hiding comes out in court, your lawyer will be caught off guard with no strong, well-thought out response.   6. Don’t ignore insurance options.   Some types of insurance policies provide coverage in the event of a lawsuit. Automobile insurance or homeowners insurance are two policies with which most people are familiar, but there are other types of insurance, such as malpractice or errors and omissions policies that provide coverage in the event of a lawsuit. In most instances, the insurance company will take the lead, pay for your defense, and often times negotiate a settlement.   7. Listen to the expert you hired.   You are paying your lawyer to give you expert legal guidance, but the money is wasted unless you listen and heed the advice that is given to you. Telling your lawyer how you think your lawsuit should be handled ignores the fact that your handling of the situation is probably what got you into a lawsuit in the first place.   8. Fighting over principle can get expensive and distracting.   Whether you are the defendant being sued or the plaintiff who started the lawsuit, at some point you have to consider exactly what it is that you are fighting about. Does defending or prosecuting the lawsuit make sense economically? If you find yourself spending large sums of money on legal fees, court costs and related expenses that will exceed the amount you will recover if you win, it is probably time to reevaluate your position. Perhaps it is time to stop fighting and consider a negotiated settlement to put an end to the litigation. A lawsuit that goes to trial can easily cost $100,000-200,000. Imagine trying to run your business with a lawsuit hanging over your head for 3 years. The stress distracts you from positive things like growing your business.   9. Don’t assume your legal expenses will be paid by your opponent.   Absent an agreement, such as a contract or a law requiring the losing party in a lawsuit to pay the other party’s legal fees, the parties are responsible for their own costs of defending or prosecuting a lawsuit in the United States. Even if you have a contract that states the loser in

Asset Protection, Irrevocable Trust, Trusts

Revocable vs. Irrevocable Trust Advantages

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 Watch the video on  Like this video? Subscribe to our channel.Here we examine the differences of revocable vs. irrevocable trust advantages. If you reposition (transfer) your assets through the use of an IRREVOCABLE TRUST, you will no longer own them. If you don’t own assets, no one will want to sue you; no one will want to track your spending habits; no one will call you to interrupt your dinner. You don’t have to go offshore. US Laws, US courts will defend and support your asset protection system. These laws have been defined by thousands of court cases, over and over, right up to the Supreme Court. Hence, our analysis, based on court cases, revocable vs. irrevocable trust advantages. You must however, give-up control over your assets to a true independent trustee.            Learn the3 core secrets to uncompromising asset protection by clicking here Legitimate repositioning (transfer) of assets from you to an irrevocable trust is perfectly legal. The fact is, if your assets are owned by a subchapter S. Corporation or a Limited Liability Company and in turn the shares of the Sub S or membership units of the LLC are owned by an irrevocable trust, it’s the fortress of US Asset Protection. The ultimate asset protection device is the use of an offshore asset protection trust.The following financial grid explains the major differences between revocable vs. irrevocable trusts:  Features/Benefits REVOCABLE TRUST (REVOCABLE LIVING TRUST) IRREVOCABLE TRUST Asset Protection ABSOLUTELY NO Asset Protection. NONE. The Grantor, The Trustee, and the Beneficiary are generally the same person. The Grantor did not give-up control of the asset(s). YES. The Grantor no longer owns the assets. Assets have been transferred to the INDEPENDENT Trustee who has a fiduciary duty to manage the assets for the benefit of all beneficiaries, which may include the Grantor. Eliminate Probate YES YES Eliminate Estate Taxes NO YES. Assets are not subject to the Estate Tax. The deceased did not “own” the assets or have assets in his possession at the time of his death. Defer / Reduce Capital Gains Taxes NO YES. Assets transferred to the Trust can be structured without capital gains taxes. Defer / Reduce Income Taxes NO YES, if combined with international structure. Form 1040 income tax benefits YES. You have done nothing. You still “own” the assets. All Income and Expenses flow-through to the Grantor’s form 1040. YES. If this is a Grantor-Type Trust, for income tax purposes, all income and expenses flow-through to the Grantor’s form 1040. Comments: The Revocable Trust is designed to eliminate probate. DOES NOT eliminate estate taxes; ABSOLUTELY NO asset protection. The Revocable Trust is nothing more than an extension of your will. For asset protection purposes the trust is irrevocable. Under certain conditions, the trust can be designed to be a pass-trough trust for income taxes. The Revocable Trust (Revocable Living Trust): What’s wrong with a revocable trust (revocable living trust) is that the owner of the assets (the Grantor) retains too much power over the disposition of the trust assets. This direct control nullifies any defenses against potential frivolous lawsuits. His deemed control is equivalent to ownership, and if you still own the asset you are liable to lose them in a lawsuit. And if you own the asset you will incur an estate tax.The laws of most states permit the formation of a variety of revocable trust instruments (AB “Family” Trust, QTIP Trust, Crummey Trust, Retained Interest Trusts such as GRITS, GRATs, GRUTs, and QPRT), whereby the trust creator (Grantor) contributes assets for the benefit of others to be managed by a Trustee. While it is also possible for the creator to be either the Trustee or a Beneficiary of the trust he or she has created, such dual capacities will usually destroy the trust’s ability to shelter its assets from creditors of the Grantor. When a Grantor reserves an unqualified power of revocation, he or she is deemed the absolute owner of the trust property, as far as the rights of creditors are concerned. This is true even if a Grantor of a trust does not retain a beneficial interest in the trust, but simply reserves the power to revoke it. The Revocable vs. Irrevocable Trust Advantages: Unlike a revocable trust (revocable living trust), assets transferred to an “irrevocable” trust cannot be changed or dissolved by the Grantor once it has been created. The Grantor no longer owns the assets. An independent Trustee is your best defense. With an independent trustee, you generally can’t remove assets, change beneficiaries, or rewrite any of the terms of the trust. An irrevocable trust is a valuable estate-planning tool. First, you transfer assets into the trust-assets you don’t mind losing control over. You may have to pay gift taxes on the value in excess of $1million of the property transferred at the time of transfer or you may be able to set-up a mock sale by using a device known as a private annuity to avoid capital gains taxes.With an irrevocable trust, all of the property in the trust, plus all future appreciation on the property, is out of your taxable estate. That means your ultimate estate tax liability may be less, resulting in a more tax efficient way to transfer your accumulated wealth to your beneficiaries. Property transferred to your beneficiaries through an irrevocable trust will also avoid probate. As a bonus, property in an irrevocable trust may be protected from your creditors. Of late this irrevocable trust device is being utilized by many planners for avoiding the Medicare nursing home spend-down provisions whereby if the elderly has to enter a nursing home he must first spend all his money until he does not have any money left. Independent Trustee: A quick word about the independent trustee: most people don’t like to give up control over their assets because of their perceived notion that giving up control is equivalent to leaving the wolf in charge of the hen house. The law imposes

Asset Protection, Trusts

Can a Trust Be Sued – Land Trusts Myths for Asset Protection

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   Watch the video on Can a Trust Be Sued – Land Trusts Myths for Asset Protection   Like this video? Subscribe to our channel.   The response to “Can a Trust Be Sued?” question has to be answered with reply of, anyone can sue anyone or anything at anytime, but the real question should be, if it gets sued will it hold up in a court.  The right kind of trust, with the right trustee, written the right way, and with assets that are transferred properly will hold up. However, simply put, a land trust is a “revocable” living trust with unique features when it comes to “hiding” the true owner of property in the trust. (*Land trusts can also be irrevocable trusts which could provide terrific asset protection due to the fact that the client no longer owns the property. Clients use land trusts to keep the property in their possession and hide them not to give assets irrevocably out of their estate (which may have gift and income tax consequences)).   3 core secrets to successful asset protection by clicking here     You’ll know that I get disgusted when I hear “asset protection” advisors tell clients that a good way to protect assets is by hiding them. There is NO legal way to “hide” assets. Having said that, land trusts are sold on this very concept.   Because asset protection is such an important topic today, marketers have picked up on this and are heavily marketing land trusts as asset protection tools. Why? To generate legal/administration fees. The problem is that a client or advisor reads that land trusts can be an affective asset protection tool and blindly jump in to use them not knowing that there is no real asset protection provided.   Can a Trust Be Sued: The Problem with The Land Trust?   As stated above, a land trust is a “revocable” trust. Asset protection 101 is that revocable trusts provide NO asset protection from creditors. For example: if Dr. Smith has a Christmas party at his house where he is serving alcohol and someone drinks too much and drives home and gets into a terrible car accident killing three people in another car, Dr. Smith is going to be sued. As a general statement, ANY assets in his own name or ANY assets in a “revocable” living trust will be at risk to the lawsuit that will ensue.   The Sale’s Pitch of the Land Trusts   The sale’s pitch with land trusts is that everyone should have their real estate in a land trust because when a plaintiff suing you (or thinking of suing you) does a search to find out what assets you own, they will not be able to “find” the assets you own in a land trust because they are affectively “hidden.”   I found one website which gave an example of a client getting in a car wreck where the client was sued for $3,000,000. The client had $1,000,000 of auto insurance and because the client had his house in a “land trust” the plaintiff’s lawyer was not able to find the house and therefore, settled for the $1,000,000 of insurance coverage instead of going after $3,000,000 in assets.   The above example is absolutely absurd and one of the reasons of the importance of this newsletter to inform you what is reality. Remember that I had several people e-mail me and basically tell me that they thought land trusts would “asset protect” their homes. Land trusts technically provide NO asset protection.   Can a Trust Be Sued: “Hiding Assets” with a Land Trust   Land trusts only temporarily hide your assets so that IF a personal injury attorney does a search to find your assets, the attorney will not be able to do so from an initial cursory search. In the car crash case, the client is going to be sued and the assets owned by the client will be found.   Isn’t a land trust better than nothing? I suppose. If having real estate in a land trust will help your clients sleep at night, than have them use us a land trust IF and ONLY IF they are coupled with other asset protection tools such as the UltraTrust®  irrevocable trust (the best asset protection tool in my opinion), Limited Liability Companies, Family Limited Partnerships, etc. The problem with the way land trusts are pitched is that they give the client a false sense of security that the land trust will “protect” the assets in the trust. Again, land trusts provide NO asset protection from creditors.   You need to understand that in the “real world” what will happen with a lawsuit is that a personal injury attorney will file suit and then take the deposition of the person being sued. At that deposition, the attorney will simply ask the client to list off their assets. While it may be premature and objectionable, in a deposition the question will be answered, the defendant will have to disclose assets in a land trust and the objection will be noted. Again, there is no legal way to hide assets.   Conclusion of the Asset Protection of Land Trust   In my opinion, land trusts are not very useful when it comes to “asset protection.” If you use one, make sure the asset(s) being transferred to the trust are already owned by a separate entity which provides “real” asset protection. The bottom line is that land trusts do not protect assets notwithstanding what the marketers of the topic will tell you.  Can a Trust Be Sued? Absolutely, and if it’s a land trust you choose to use, then don’t expect it to hold up in court.   Call Estate Street Partners 888-93-ULTRA (888-938-5872) for more information.   To learn about irrevocable trusts and estate planning visit: UltraTrust home

Asset Protection, Offshore

Pros and Cons of an Offshore Asset Protection Trust: Is it the Best?

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Pros & Cons Offshore Asset Protection Trust: When to use an Offshore Trust   Today many estate planning firms tout the benefits of Offshore Asset Protection Trusts as instant asset protection solution for every individual looking for the end-all, be-all. It feels to them like finding a the last raft on a ship that has a pin-sized hole in it. Their first instinct is to throw out the raft and jump off the boat immediately. Unfortunately, things since 9/11 and the global financial crisis of 2008 have changed in this country. Prior to 9/11 we recommended Offshore trusts for a much larger percentage of clients, but that is no longer the case.   The problem is that 99% of the time, jumping off the boat is not the best solution because the nearest land is thousands of miles away and the hole is not that large. What they actually need is for the captain to help them analyze all of their options, the safest and easiest of which is to simply plug the hole. Of course if someone is selling rafts, then it’s even more difficult to expect them to recommend a thoughtful and unbiased solution.   And this is the real challenge if you are considering an Offshore Asset Protection Trust. I am a big advocate of the Offshore Asset Protection Trust (just like I am an advocate of rafts) – but in both cases only when they are absolutely necessary and appropriate. In fact, offshore asset protection trusts are only recommended to a very small percentage of clients these days; those with at least $7-10M liquid assets.     Why an Offshore Asset Protection Trust is a Bad Idea for Most People   Because of the new regulations from the Patriot Act and subsequent banking acts, offshore asset protection trusts are very expensive to maintain.   Going offshore to establish asset protection trusts means going out-of-pocket for between $5,000 to $10,000 per year in maintenance fees. Because of these expenses, many of these offshore trusts will only last about three to four years for the average individual, particularly if they were created in a rush to thwart a perceived upcoming risk; for this reason, grantors often question whether their hasty decision was indeed the right one at the time.   Offshore Trust Maintenance Fees Explained   There are quite a few mandatory and compliance forms to file when going offshore. At a minimum, there’s Treasury Department form 90-22.1, Report of Foreign Bank and Financial Accounts to consider. There may also be a requirement to file a Foreign Bank Account Report (FBAR), which falls under the authority of the Financial Crimes Enforcement Network (FinCEN) form 114.   Aside from filing TD and FinCEN forms, offshore trust grantors may also have to respond to the Internal Revenue Service (IRS) by filing forms 3250 and 3250A. These forms, which require disclosure of trust assets, are handled by a foreign trustee and a CPA based in the United States. As of December 31st, 2012, the U.S. Foreign Account Tax Compliance Act (FATCA) is creating an additional burden on offshore trust grantors and trustees by requiring financial institutions abroad to report on the financial holdings and income of their clients.   With the new filing and compliance requirements also comes uncertainty as to how offshore trusts are managed. It calls for retaining the services of an attorney to work in conjunction with the foreign trustee. If you take into consideration all of the aforementioned factors, it is easy to see the $10,000 annual maintenance cost of an offshore trust.   Why $10,000 Offshore Trusts Are Not Always Sustainable   The mid and long-term costs of maintaining offshore trusts for asset protection simply do not add up for most individuals. With regard to offshore trusts being sustainable solutions, consider the following scenario:   An offshore trust with a $10,000 set-up fee and $5,000-$10,000 in annual maintenance costs will end up adding up to:   Between $25,000 and $50,000 after five years and five IRS Form 3250 filings. Between $50,000 and $100,000 after 10 years and 10 IRS Form 3250 filings. Between $100,000 and $200,000 after 20 years and 20 IRS Form 3250 filings, assuming no inflation.   It’s not just the sizable amount of money required to keep offshore trusts active year after year that prompts most individuals to dissolve them after just three to four years; there’s also the experience and expertise of the firm to think about. Many financial planners rushing their clients through a $10,000 Offshore Trust lack the real-world experience of a firm that actually files and executes documents, disclosures and compliance forms.   As an alternative, some of our competitors propose a better plan that avoids much of the heavy compliance of the foreign trust because they use a foreign trust in combination with a domestic limited partnership structure for a $25,000 inception cost and “only” $1,500 per year maintenance cost (who knows how much these costs will rise each year once you are locked in). They justify the fee because they insert themselves into your trust as a trust protector. Essentially giving themselves the ultimate control over your assets. Their costs will work out to:   $25,000 in the first year $32,500 by the 5th year $40,000 by the 10th year $55,000 by the 20th year   Prospective grantors looking for asset protection strategies should not throw caution into the wind. If anything, shielding assets in advance of a knowingly potential adverse situation should be approached with circumspection. Offshore trust structures are actually very good for grantors who fund their nest eggs with about $7M to $10M, and they can offer a enormous amount of asset protection if executed correctly; however, some plaintiffs have found cracks in the armor and some judges are beginning to formulate a dim view of these instruments.   A Better and More Affordable Long-Term Asset Protection Strategy   A much more optimal alternative to offshore asset protection is the Ultra Trustâ„¢. It

Irrevocable Trust

English News: Latest Reports, Breaking News, Live Updates

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Live Cricket Scores Find Live Scores Of All Matches, Clubs And Tournaments Online   Go to website   Former Australia captain Allan Border provides been dished up with a blunt reply by an Aussie celebrity for “strong feedback” on Steve Smith as he shrugged off the criticism aimed at the team. India vs Pakistan Females’s T20 World Cup match will be telecast go on the Star Sports Network in India. India   India vs Pakistan Women of all ages’s T20 Globe Cup match will undoubtedly be telecast go on the Star Sports Network in India. Top-buy batter Alice Capsey smashed a sensational 22-golf ball 51 to steer England to a four-wicket win over neighbours Ireland in their Women’s T20 World Mug group match right here on Monday. The India Women’s crew were enthusiastic while cheering for   Mumbai Indians have got shared an unseen movie of the Indian women’s crew participants celebrating the signing of India captain Harmanpreet Kaur at the Women’s Premier League auction on Monday. Top-purchase batter Alice Capsey smashed a stunning 22-ball 51 to steer England to a four-wicket make an impression on neighbours Ireland within their Women’s T20 World Mug group match in this article on Monday. Former captain Michael Clarke offers slammed Australian selectors for the ‘bizarre’ team selection in the first Test against India. Australia suffered a massive defeat as India won the series opener by innings and 132 runs.   Cricket More »   Catch the live cricket ratings of all important matches played around the globe, ball-by-ball commentary and scorecard updates of all the international and domestic cricket matches only at the Times of India. Get all of the match facts and other related news of all international and domestic cricket fits from around the world. Stay connected to obtain the real-time cricket score updates, participant performance stats, workforce stats, league stats, and championship complement updates right here.   Ireland vs England Women’s T20 World Cup 2023 Live life ScoreStay updated with Times of India to get all of the live cricket score improvements, scorecard, and ball by ball commentary of Women’s T20 World Cup match up between Ireland and England. Sri Lanka girls vs South Africa women Live Score UpdatesStay updated with Occasions of India to get all of the live cricket score improvements, scorecard and ball-by-golf ball commentary of Women’s T20 World Cup match up between South Africa and Sri Lanka. New Zealand vs Australia Women’s Live Rating UpdatesStay updated with Periods of India to get all of the live cricket score up-dates, scorecard and ball-by-ball commentary of Women’s T20 World Cup fit between Australia and New Zealand. Previous India bowling Bharat Arun features revealed that pacer Shami possessed a life-changing chat with ex-Indian head mentor Ravi Shastri prior to the Men In Blue toured England.   In the last five years, the gulf between your two groups has widened with India complicated the supremacy of Australia and England on a consistent basis. Former England captain Nasser Hussain possesses heaped compliment on Eoin Morgan, contacting him England’s greatest-actually white-ball captain. Pakistan pacer Hasan Ali believes Islamabad United captain Shadab Khan is ready to lead Pakistan.   Wpl 2023 Full Set Of Players: Complete Squads Of All Five Franchises In Women’s Premier League   Ireland vs England Women’s T20 World Cup 2023 Live ScoreStay updated with Situations of India to get all of the live cricket score improvements, scorecard, and ball by golf ball commentary of Women’s T20 World Cup match between Ireland and England. South Africa vs New Zealand Women of all ages, T20 World Cup, Live ScoreStay updated with Times of India to get all the live cricket score up-dates, scorecard, and ball by golf ball commentary of Women’s T20 World Cup match up between South Africa and New Zealand.   Listed beneath the base price of ₹50 lakh, Delhi and Bangalore tussled to acquire the ongoing providers of the star wicketkeeper-batter. Reflecting on Rohit Sharma’s batting masterclass in the Nagpur Test out, Indian wicketkeeper Dinesh Karthik highlighted the phenomenal batting record of the superstar opener in India. For Friday With the second Test scheduled, there are high likelihood of India missing out on the services of a second player from the squad.   Full Match Video – Pargaon Vs Turbhe In Young Celebrity Trophy 2016 At Taloja   The India Women’s staff were enthusiastic while cheering for Renuka Singh, as Royal Challengers Bangalore obtained the pacer for ₹1.5 crore in the WPL Auction 2023. Roped in by the Royal Challengers Bangalore during the marquee group of the Women’s Premier League auction, Smriti Mandhana hogged the limelight by signing up for the Bangalore-based franchise for an impressive sum of ₹3.40 crore on Monday.   Former captain Michael Clarke has slammed Australian selectors for the ‘bizarre’ team selection in the first Test against India. vs Pakistan Women’s T20 World Cup match will take put on Sunday, February 12, 2023. that troubled him. Former India head mentor Ravi Shastri has pointed out that despite the discuss around Ashwin and Kohli, an India star, who is “very much like Sehwag at his very best”, will establish the tone for India against Australia. Catch the live cricket scores of all the important matches played round the global world, ball-by-ball commentary and scorecard improvements of all the overseas and domestic cricket matches just at the days of India.   Since 2013, India haven’t suffered a series defeat in the home and the two spinners have significantly more than played their role. Shahnawaz Dahani, who has sufficient time to collect the golf ball and inflict a run-out there makes a complete mess of it during the PSL tie between Lahore Qalandars and Multan Sultan. Former India head mentor Ravi Shastri has pointed out that despite the chat around Kohli and Ashwin, an India star, who’s “much like Sehwag at his greatest”, will placed the tone for India against Australia.   Team Arya Eleven (Winner) Gained Nagaradhyaksh Chashak 2016 At Khopoli   Former Southern African

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