Asset Protection: Domestic and International Law and Tactics

By Duncan E. Osborne, Elizabeth M. Schurig

ISBN-13: 9780314979841

Last Updated: 10/26/2011

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Brand: Clark Boardman Callaghan

Components: 4 Print

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Description

This multivolume set provides comprehensive coverage of domestic and international asset protection strategies. Shows how to handle the asset protection law of all 50 states and the District of Columbia, including exemptions from creditors, joint and marital property planning, gifts, trusts, disclaimers, protection of retirement plans, and limited liability entities. Compares the financial, professional, political, and legal characteristics of over 20 major financial offshore jurisdictions. Analyzes and handles the tax issues and reporting requirements involved in offshore arrangements.

Features

Integrate asset protection tactics into all phases of traditional domestic estate planning
Learn the ins and outs of creditor's remedies for reaching foreign trust assets; explore criminal sanctions
Provide clients with authoritative and comprehensive asset protection and financial advice

Summary Of Contents

Part I. General Legal Concepts
Chapter
1. Introduction
2. Fraudulent Transfers
3. Bankruptcy
4. Attorney Liability and Ethics
Part II. Domestic Asset Protection
- Subpart A. Introduction
1. Introduction
- Subpart B. Exemption Planning
1. Personal Property
2. Homestead
3. Life Insurance and Annuities
4. Income
5. Retirement Plans
6. ERISA and Other Federal Protections
- Subpart C. Other Planning Opportunities
1. Jointly Owned Property
2. Marital Property Considerations
3. Gifts, Trusts and Disclaimers
  1. Delaware Dynasty Trusts, Total Return Trusts, and Asset Protection Trusts
4. Introduction to Limited Liability Entities
5. Limited Partnerships
6. Corporations
7. Limited Liability Companies
  1. Limited Liability Entities
Part III. Offshore Asset Protection: General
1. Introduction to Offshore Trusts
2. Offshore Planning Concepts
3. Investment Advisors and Custodians
4. Switzerland
5. Implementing an Offshore Trust
Part IV. Offshore Planning: Legal Concepts
1. United States Tax Issues Applicable to Foreign Trusts
  1. Inter-Governmental Cooperation in Information Exchange and Tax Collection
2. Creditors' Remedies
3. Criminal Law and Contempt
Part V. Offshore Jurisdictions
1. Selection of Jurisdiction
2. The Bahamas
3. Barbados
4. Belize
5. Bermuda
6. British Virgin Islands
7. Cayman Islands
8. The Cook Islands
9. Cyprus
10. Gibraltar
11. Guernsey
12. Isle of Man
13. Jersey
14. Liechtenstein
15. Turks and Caicos Islands
16. Niue
17. Anguilla
18. Nevis
19. Malta
20. Mauritius
21. Labuan
22. St. Lucia
Appendices 1. Offshore Trust Forms
- Appendix 1-1. Trust Deed Of Settlement
- Appendix 1-2. Anti-Duress Clause
- Appendix 1-3. Provision For Abeyance Period
- Appendix 1-4. Nominee Agreement
- Appendix 1-5. Nominee Disclosure Letter
- Appendix 1-6. Affidavit Regarding Financial Condition
Appendices 2. Treaties And Other International Agreements
- Appendix 2-1. U.S. Model Income Tax Treaty Of 1996
- Appendix 2-2. Barbados/U.S. Tax Treaty And Information Exchange Agreement
- Appendix 2-3. Protocol To The Barbados/U.S. Tax Treaty
- Appendix 2-4. Bermuda/U.S. Exchange Of Information Agreement
- Appendix 2-5. Switzerland/U.S. Income Tax Treaty
- Appendix 2-6. Cayman Islands/U.S. Mutual Legal Assistance Agreement
- Appendix 2-7. Hague Convention On The Law Applicable To Trusts And On Their Recognition
- Appendix 2-8. Hague Convention On The Taking Of Evidence Abroad On Civil Or Commercial Matters
- Appendix 2-9. Hague Convention On The Service Of Process Abroad Of Judicial And Extrajudicial Documents In Civil Or Commercial Matters
- Appendix 2-10. Lugano Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters
- Appendix 2-11. Brussels Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters
- Appendix 2-12. Caribbean Basin Economic Recovery Act

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Asset Protection: Domestic and International Law and Tactics

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