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Author : Evan H. Farr
Publisher : ALI-ABA
ISBN 13 : 9780831899967
Total Pages : 338 pages
Book Rating : 4.8/5 (999 download)
Download or read book Planning and Defending Asset-protection Trusts written by Evan H. Farr and published by ALI-ABA. This book was released on 2009 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Evan H Farr Cela
Publisher :
ISBN 13 : 9780976182139
Total Pages : 108 pages
Book Rating : 4.1/5 (821 download)
Download or read book How to Protect Your Assets from Probate PLUS Lawsuits PLUS Nursing Home Expenses with the Living Trust Plus written by Evan H Farr Cela and published by . This book was released on 2013-05-08 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Living Trust Plus Asset Protection Trust protects your assets from probate PLUS lawsuits PLUS the catastrophic expenses often incurred in connection with nursing home care. The Living Trust Plus is the only type of self-settled asset protection trust that allows a settlor to be trustee and retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies. Even though the Living Trust Plus is irrevocable, you retain a high degree of control over your trust assets because: (1) you can be the trustee if desired; (2) you can retain the right to receive all of the trust income; (3) you have the right to live in and use your real estate; (4) you have the right to change trustees; and (5) you have the right to change beneficiaries. Evan H. Farr, Certified Elder Law Attorney, is the creator of the Living Trust Plus Asset Protection System used by dozens of Estate Planning and Elder Law Attorneys around the country, and is widely recognized as one of the foremost experts in the nation in the field of Medicaid Planning and Medicaid Asset Protection Trusts. Evan has been recognized as one of the nation's top lawyers by SuperLawyers.com, Martindale-Hubbell, Best Lawyers in America, and Newsweek Magazine. A nationally-renowned Best-Selling author and frequent educator of attorneys across the U.S., Evan is known as the "expert to the experts," having educated tens of thousands of attorneys across the country. His numerous publications include a Best-Selling book, Protect and Defend, the Nursing Home Survival Guide, as well as two legal treatises published by the American Law Institute in affiliation with the American Bar Association: Planning and Defending Asset Protection Trusts and Trusts for Senior Citizens."
Author : Alexander A. Bove (Jr.)
Publisher :
ISBN 13 : 9781641059336
Total Pages : pages
Book Rating : 4.0/5 (593 download)
Download or read book Domestic Asset Protection Trusts written by Alexander A. Bove (Jr.) and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers background and overview on Domestic Asset Protection Trusts by state"--
Author : Alexander A. Bove (Jr.)
Publisher : American Bar Association
ISBN 13 : 9781590314760
Total Pages : 622 pages
Book Rating : 4.3/5 (147 download)
Download or read book Asset Protection Strategies written by Alexander A. Bove (Jr.) and published by American Bar Association. This book was released on 2005 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jay Adkisson
Publisher : McGraw Hill Professional
ISBN 13 : 0071505474
Total Pages : 337 pages
Book Rating : 4.0/5 (715 download)
Download or read book Asset Protection written by Jay Adkisson and published by McGraw Hill Professional. This book was released on 2004-07-02 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategies that are effective and legal for putting one’s assets safely out of reach In today’s increasingly litigious world, the shielding of assets has become a prominent issue for financial planners, business owners, and high-net-worth individuals. Asset Protection details methods that are both legally and morally legitimate for protecting one’s assets from creditors, lawsuits, and scams. Bringing economic common sense and legitimacy to an area that is drowning in gimmickry, two of today’s top lawyers examine the fundamental issues in this growing area, avoiding dense legalese to make the book accessible to anyone. Asset Protection covers everything readers want to know about: Establishing an effective asset protection program Today’s most popular, established strategies Newer strategies that are still being resolved by the courts
Author : Robert J. Mintz
Publisher : Robert J Mintz
ISBN 13 : 0963997122
Total Pages : 256 pages
Book Rating : 4.9/5 (639 download)
Download or read book Asset Protection for Physicians and High-Risk Business Owners written by Robert J. Mintz and published by Robert J Mintz. This book was released on 2010 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney Mintz describes the latest strategies for insulating and shielding assets from potential lawsuit liability. Detailed examples, diagrams, and real life case studies are provided for using Family Limited Partnerships, Limited Liability Companies, Asset Protection Trusts, and creative privacy plans.
Author : Richard W. Nenno
Publisher :
ISBN 13 : 9781558717909
Total Pages : pages
Book Rating : 4.7/5 (179 download)
Download or read book Domestic Asset Protection Trusts written by Richard W. Nenno and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: " ... discusses various aspects of domestic asset protection trusts (APTs), including the reasons for and against recognizing such trusts, the benefits of such trusts, and the potential application of the fraudulent transfer rules. An APT is an irrevocable trust in which the settlor retains some benefits that cannot be reached by his or her creditors. The portfolio gives particular attention to defending APTs against creditor attacks, noting, where appropriate, matters addressed by the Uniform Trust Code or the Restatement (Second) Conflict of Laws. The portfolio also discusses the ethical and liability concerns of attorneys involved in domestic APT planning"--P. iii.
Author : Evan H. Farr
Publisher : Simon and Schuster
ISBN 13 : 1621535622
Total Pages : 211 pages
Book Rating : 4.6/5 (215 download)
Download or read book Protecting Your Assets from Probate and Long-Term Care written by Evan H. Farr and published by Simon and Schuster. This book was released on 2017-05-23 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever considered the advantages of creating a living trust? Avoiding probate through the use of living trusts is a well-known solution, but author Evan H. Farr takes this issue one step further. In Protecting Your Assets from Probate and Long-Term Care, Farr explains the need to consider both probate and the expenses of long-term care when you create a living trust. A revocable living trust, the main tool used for protecting your assets from probate, does not protect assets from the catastrophic expenses of long-term care. A very useful and popular estate planning tool, revocable living trusts are recommended by tens of thousands of attorneys across the United States and are used as the central estate planning document by millions of Americans. However, what most Americans don’t realize is that assets in such a trust are not protected from lawsuits or from the limitless expenses associated with nursing homes or long-term care. In order to help readers protect themselves from both probate and long-term care, Farr delves into the many details you should know when creating a living trust. He also outlines his Living Trust Plus™ Asset Protection Trust, which is the only type of self-created asset protection trust that allows you to avoid probate and retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies. He details the process of avoiding probate and securing assets, including: Joint ownership problems Special needs planning How to pay for the nursing home Why Medicaid planning is ethical The ten most common Medicaid myths Finding the right lawyer Protecting Your Assets from Probate and Long-Term Care will help to ensure your family does not have to reap the consequences (and expenses) of improperly creating a living trust.
Author : Martin M. Shenkman
Publisher : John Wiley & Sons
ISBN 13 : 9780471430575
Total Pages : 308 pages
Book Rating : 4.4/5 (35 download)
Download or read book 6 Hour Guide to Protecting Your Assets written by Martin M. Shenkman and published by John Wiley & Sons. This book was released on 2003-05-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: SIMPLE, AFFORDABLE STEPS YOU CAN TAKE TO PROTECT WHAT'S YOURS By the time you're named as a defendant in a lawsuit or divorce proceeding, it may be too late to protect your assets. The time to shield the hard-won fruits of your labor is now! Fortunately, protecting your assets can be much easier and far less expensive than you think. In this complete, practical, and easy-to-follow guide, leading tax and estate planning attorney and bestselling author Martin Shenkman presents the steps you can and should take to protect your home, your savings, and other assets from creditors, litigants, and divorce. Shenkman explains the essential concepts of protecting what you own from malpractice claims, lawsuits, and divorce. This book offers step-by-step guidance in determining which asset-protection strategies and techniques are right for you. You'll learn numerous legal and effective methods you can use to: * Protect your personal assets from business and professional claims * Protect your assets and your heirs' assets from divorce * Minimize your risk of lawsuits and other claims against your assets * Create limited partnerships and LLCs to protect your assets * Make your home-based business judgment-proof * Use domestic trusts to protect against lawsuits * Secure real estate and stock holdings against lawsuits
Author : Alexander A. Bove, Jr.
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233763
Total Pages : 322 pages
Book Rating : 4.5/5 (782 download)
Download or read book Trust Protectors: A Practice Manual with Forms written by Alexander A. Bove, Jr. and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Author : Henry W. Abts
Publisher : McGraw-Hill/Contemporary
ISBN 13 : 9780809230310
Total Pages : 388 pages
Book Rating : 4.2/5 (33 download)
Download or read book The Living Trust written by Henry W. Abts and published by McGraw-Hill/Contemporary. This book was released on 1997 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The failproof way to pass along your estate to your heirs without lawyers, courts, or the probate system.
Author : David Goldfarb
Publisher : LexisNexis
ISBN 13 : 9781422474747
Total Pages : 0 pages
Book Rating : 4.4/5 (747 download)
Download or read book New York Elder Law written by David Goldfarb and published by LexisNexis. This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Esq LL M. Jacob Stein
Publisher :
ISBN 13 : 9780983978008
Total Pages : 278 pages
Book Rating : 4.9/5 (78 download)
Download or read book Asset Protection - A Lawyer's Guide to Asset Protection Planning in California written by Esq LL M. Jacob Stein and published by . This book was released on 2011-09-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyer's Guide to Asset Protection Planning in California is the first and only treatise on asset protection planning specific to California. A desktop reference guide that every attorney in California should have. In-depth coverage of the underlying substantive law and legal doctrines, with a review of applicable statutes and cases. Analysis of the most commonly used structures and planning obstacles. The book focuses largely on California law and planning for California clients, but where appropriate, covers the laws of other leading asset protection jurisdictions like Delaware, Nevada, Cook Islands, etc. In addition to the substantive discussion, this book also takes a revealing look at the practical aspects of asset protection. Is it ever too late to plan? Is it safe to place assets offshore? How to pick the right structure for your client? What really works and what does not. Learn how to protect your clients' assets from plaintiffs and creditors. Coverage includes planning with community property, domestic and foreign business entities, domestic and foreign trusts and retirement plans. Specific emphasis will be placed on protecting assets in a troubled economy, including protection from lenders and landlords holding personal guarantees. You'll learn various ways, from the very simple to the very sophisticated, to protect specific assets common to all clients: houses, bank and brokerage accounts, rental real estate, businesses and professional practices and retirement plans.
Author : Richard W. Nenno
Publisher :
ISBN 13 : 9781633593473
Total Pages : pages
Book Rating : 4.5/5 (934 download)
Download or read book Domestic Asset Protection Trusts written by Richard W. Nenno and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ... discusses various aspects of the domestic asset protection trust (APT), including the reasons for and against recognizing such trusts, the benefits of such trusts, and the potential attributes of the Delaware, Alaska, Nevada, and South Dakota APT statues.
Author : E. J. Lashlee
Publisher : Lulu.com
ISBN 13 : 1300286679
Total Pages : 320 pages
Book Rating : 4.3/5 (2 download)
Download or read book The Protection Book: A Guide to Asset Protection written by E. J. Lashlee and published by Lulu.com. This book was released on 2012-10-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Protection Book describes steps to: *Create a Superior ""Private Will"" that supersedes typical Wills. *Get Discretionary Benefits and Spendthrift Protection *Protect yourself from the legal and financial ravages of Disability *Provide for Personal Care, Children and Guardianship *Manage & protect assets regarding disability *Keep finances and beneficiaries private. Eliminate publicity *Eliminate probate, attorneys fees, disputes, & court costs *Minimize lawsuit concerns and insurance claims *Eliminate the need for a court appointed Guardianship *Minimize Family Conflicts and disputes with friends *Minimize Support expense & Medical expense *Minimize Education Expense *Manage, defer, reduce, transfer, or eliminate Taxes *Distinguish the hype from Professional Trust Experts *Understand documents Sample documents are provided; all of the legal forms, finance checklists, including many typical examples.
Author : Alexander A. Bove (Jr.)
Publisher :
ISBN 13 : 9781641059329
Total Pages : 0 pages
Book Rating : 4.0/5 (593 download)
Download or read book Domestic Asset Protection Trusts written by Alexander A. Bove (Jr.) and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers background and overview on Domestic Asset Protection Trusts by state"--
Author : Michael A Babiarz
Publisher : iUniverse
ISBN 13 : 0595457770
Total Pages : 180 pages
Book Rating : 4.5/5 (954 download)
Download or read book Asset Protection Planning for Seniors written by Michael A Babiarz and published by iUniverse. This book was released on 2007-09 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Baby Boomer generation ages and the sandwich generation is stressed between caring for children and caring for parents, questions are cropping up all across the nation: How can I protect the nest egg I've worked so hard to create? What happens to my assets if I die unexpectedly? Will I be able to afford long-term care? In Asset Protection Planning for Seniors, attorney Michael A. Babiarz shares numerous examples of the real-life problems that aging Americans face today. This is not another confusing form book or technical manual. Asset Protection Planning for Seniors is a simple, helpful guide, filled with examples aimed at addressing the basic concerns of older Americans-you! Stop worrying and start learning about: Nursing homes Medicaid planning Wills Trusts Probate Avoiding family problems Protecting inheritance Powers of attorney
