Why Asset Protection Trusts May Fail by Sanford Millar on 5/7/2012 In a recent federal income tax collection case, the trial court discusses the reasons why an asset protection trust failed to protect assets of a taxpayer from a tax levy. The court in Evseroff found that all the assets of an...more
Cook Islands Asset Protection Trustee Subject To New York Courts Jurisdiction by Charles (Chuck) Rubin on 4/30/2012 Southpac is a trust company that operates in several non-U.S. jurisdictions, including the Cook Islands and Nevis. Not by coincidence, the Cook Islands and Nevis have aggressive asset protection laws that seek to attract...more
U.S. District Court Grants Summary Judgment in a Ruling That Reinforces California Law in Favor of Life Settlements by Orrick, Herrington & Sutcliffe LLP on 2/9/2012 On February 6, 2012, in Hartford Life & Annuity Ins. Co. v. Doris Barnes Family 2008 Irrevocable Trust, et al., the United States District Court for the Central District of California granted summary judgment on behalf of the...more
The Expenditure of Attorney Fees to Remove a Conservator Does Not, on its Own, Constitute Financial Elder Abuse by Sedgwick LLP on 11/7/2011 The California Court of Appeal (Second Appellate District, Division Seven), in an unpublished decision, recently upheld a trial court order sustaining a demurrer to a cause of action for financial elder abuse. The complaint...more
Business Owners – Is Now the Time to Sell? by Ronald Adams on 9/20/2011 We are holding a Complimentary Business Succession Seminar on September 29th, 2011 at the Hilton Hotel in Mesa (U.S. 60 and Alma School Road) from 4:00 to 5:30 PM, to help business owners turn their dream of succession into...more
Asset Protection and The Title To Your Home - Common Mistakes by IKE DEVJI on 9/6/2011 A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more
Asset Protection FOR CPAs by IKE DEVJI on 8/1/2011 One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more
Asset Protection Basics For Accountants by IKE DEVJI on 7/26/2011 One pressing area in which clients are increasingly seeking feedback from their accounting and financial advisory team is Asset Protection. Part of that stewardship is making sure that the growth and savings you are...more
New California Case - Trustee Cannot Condition Distribution on a Release, Bellows v. Bellows by David Tate on 6/10/2011 New California case summary--a trustee cannot condition a distribution on the beneficiary providing a release or waiver of liability....more
Nonprofit Board Standard of Care, Risk Management, and Audit Committee Responsibilities Updated 05/19/2011 by David Tate on 5/19/2011 A detailed paper updated May 19, 2011 discussing nonprofit board standard of care, risk management, and audit committee responsbilities, including the California Nonprofit Integrity Act....more
Should I Put My Primary Residence Into A Limited Liability Company? by Maureen O'Leary Guth on 4/22/2011 Multiple member limited liability companies (“LLCs”) can be very useful tools for achieving asset protection . For this reason, individuals sometimes consider transferring their primary residence into an LLC. ...more
Does New York Need a Trust Code? by Ruskin Moscou Faltischek on 4/4/2011 New York has a very well developed common law in the trust area. However, its lack of accessibility to practitioners and trustees has led to recent discussions concerning whether New York should adopt a uniform trust...more
Asset Protection 101 for Financial and Legal Advisors by IKE DEVJI on 7/15/2010 Honored and rresented by the Financial Planning Association of America (FPA) at their annual meeting last fall, this article was written at the request of ADVISOR TODAY - the Journal of the National Association of Insurance...more
Business Owner's Indespensible Guide to Choice of Entity by Vicknair Law Firm, APLC on 6/3/2010 This article provides the business owner with indespensible guidance on selecting the appropriate business entity....more
Life Insurance as a Creditor Protected Alternative to Cash - Asset Protection by IKE DEVJI on 9/30/2009 This was featured in WORTH magazine and discusses the tactical use of special legal and insurance strategies as a creditor protected alternative to cash. Great for financial advisors, CPA's and estate and life insurance...more