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Offshore Trust Formation - The Protector and Structuring An Offshore Trust That Works 13 лет назад


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Offshore Trust Formation - The Protector and Structuring An Offshore Trust That Works

Offshore Trust Formation Visit http://www.AssetProtectionOffer.com to get at no cost: a copy of my book, a 20-minute consultation to discuss YOUR SITUATION with me and a series of videos sent to you. The Protector There is also sometimes a 4th party during the formation of an offshore trust: the Protector. The Protector's job is to make sure the Trustee does his job and does not act in bad faith or misappropriate trust property. The Protector does not actually control or manage trust assets, but he can veto Trustee actions and he can fire and replace the Trustee if necessary. Usually it's best to use a Protector that is offshore as well because you will want them outside of the reach of a U.S. judge. Annual Protector fees should be no more than $750. It used to be in the 90's that some people would charge $25,000 per year to be a Trustee. Those days are for the most part gone, but there are still people out there that charge too much. The key is to have a good asset protection planner who knows who the reasonably priced and reputable Trustees and Protectors are.  Structuring An Offshore Trust That Works If you want the best, strongest, most bulletproof protection possible, keep your assets outside of a U.S. judge's reach - keep them offshore. However, there are some exceptions to that rule. If you don't have any creditor threats right now, then it's an acceptable compromise to keep your liquid assets in the U.S. as long as they are held by an offshore trust. However, I strongly recommend setting up a foreign bank and/or trading account. Place at least some assets offshore while seas are calm, so that the transfer of the rest of your wealth offshore (after creditor threats arise) seems less suspicious. It's also a good idea to place most types of assets (excepting strictly personal, non-investment assets such as a personal residence) into an LLC or a Limited Partnership (LP). Since LLC's and LPs provide protection under U.S. law, your personal creditors normally cannot get assets inside those entities (assuming the entities are set up and operated correctly, of course). Just keep in mind that LLCs, LPs, and other domestic entities are still inside a U.S. judge's grasp. That judge may decide to disregard the protection normally afforded by LLCs and LPs by way of a reverse-pierce or other argument (see, for example, the recent landmark Florida case, Shaun Olmstead v. FTC (2010)). In a worst-case scenario, an offshore trust that owns your business entities will dissolve the entities and take those assets into its possession. Liquid assets are physically moved offshore. Non-liquid assets, such as rental real estate, would have rent checks go to an offshore bank account, for example. Furthermore, placing an LLC or LP in an offshore trust may well prevent a creditor from obtaining a charging order or other creditor remedy against the LLC (a charging order gives a creditor the right to receive distributions from the LLC or LP if and when made. It does not generally allow the creditor to become an owner of the entity, gain control of the entity, or force distributions from the entity.) Another strategy would be to use an offshore LLC, instead of a domestic LLC, to own assets. For those more willing to place wealth offshore while creditor seas are calm (which is a stronger strategy than keep wealth in the U.S. until creditor threats arise), an offshore LLC owned by an offshore trust is often ideal. A great aspect of the offshore trust/LLC combo is you can be the manager of the LLC, often times even while under creditor attack. This keeps control of assets in your hands without compromising the effectiveness of your offshore trust. And, you get an extra layer of asset protection with the OAPT/LLC strategy. Above all, remember to avoid the don'ts of asset protection planning, and set up your plan now before you have creditor problems. The old saying "an ounce of prevention is worth a pound of cure" is especially true when it comes to asset protection. That's all for now. I hope this information on offshore trust formation has been helpful. Thanks! Ryan Fowler

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