In addition to the “routine” asset protection attributes of IRAs, qualified plans, life insurance and annuities, and husband & wife ownership, the laws of certain U.S. jurisdictions (currently 17 states, including Delaware, Nevada, South Dakota, Wyoming, and Alaska) allow the formation of self-settled asset protection trusts (otherwise known as Domestic Asset Protection Trusts “DAPT”) that may afford a high level of lifetime asset protection. Many of these jurisdictions also provide for charging order protection of LLC interests, a superior approach in asset protection planning. While no DAPT or LLC structure will completely protect against the claims of creditors, clients owe it to themselves to become familiar with the asset protection choices available to them across the country as states continue to compete for asset protection business.
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