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Creditors Spendthrift Trusts

Charles E. Rounds, Jr. - Suffolk University...

Creating a nonvoidable domestic asset protection trust (DAPT) that has multijurisdictional contacts: The state and federal...

Creating a domestic asset protection trust (DAPT) that both has multijurisdictional contacts and is nonvoidable in whole or in part is easier said than done. There are the state conflict-of-laws issues, a few of which I...more

Chambliss, Bahner & Stophel, P.C.

Spendthrift Trusts: An Effective Strategy for Avoiding Spooky Pitfalls

As we prepare for the Halloween season, there are many reasons to be on edge. These fears may involve ghosts and goblins for some, while others may view estate planning as frightening. Although I have yet to find an effective...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter - July 2018

Goulston & Storrs PC on

First, in Calhoun v. Rawlins, No. 17-P-40, 2018 WL 3131023 (Mass. App. Ct. June 27, 2018), the Appeals Court held that creditors could access a spendthrift trust that was created for a beneficiary with cognitive impairments...more

McGuireWoods LLP

Georgia Governor Vetoes Domestic Asset Protection Trust Legislation

McGuireWoods LLP on

In late March, the Georgia House of Representatives (by a vote of 103-56) and the Georgia Senate (by a vote of 43-6) passed HB 441, which would have made Georgia the 18th state to permit self-settled domestic asset protection...more

Downey Brand LLP

California Supreme Court Clarifies Creditor Access to Spendthrift Trusts

Downey Brand LLP on

On March 23, 2017, at the request of a certified question from the U.S. Ninth Circuit Court of Appeals, the California Supreme Court answered the age-old question – “what gives”? That is to say, what gives – the...more

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