FRACKING: The Coming Litigation Storm…

Volume XXII • Number 1 • March/April 2014 © Donlevy-Rosen & Rosen, P.A. INTRODUCTION. Fracking (hydraulic fracturing) is a drilling process that was first commercially used in 1949, and one whose use has exploded in recent years. Fracking involves forcing fluid at high pressure into a geologic formation containing oil or gas. The fluid fractures [...]

Discussing asset protection with your clients: a guide for attorneys, CPAs, and financial planners

According to the Wall Street Journal (July 15 – 16, 2006), asset protection planning has become “mainstream” planning.  And just as planning professionals are obligated to advise clients on estate planning and financial planning matters, many feel that the same professionals are now ethically obligated to advise clients on asset protection matters. To determine if […]

Spousal Transfers: We Told You So

We are often asked by potential clients, “Can’t I just transfer my assets to my spouse to protect them?” We have always recommended against that “strategy” for a number of reasons, not the least of which, we tell our clients: “What if she/he decides to divorce you? You could lose it all forever.” Another significant reason is that the transfer could be easily “undone” by a court if a fraudulent transfer is found to have occurred. Thus, no asset protection.

Rush University Case: What Could Have Been Done Differently?

A 2012 Illinois Supreme Court case, Rush University Medical Center v. Sessions, has been touted as proof that asset protection trusts, especially offshore trusts, do not work. In this issue we will clarify and enlighten our readers as to why that particular offshore trust failed to protect assets, and we will point out what could and should have been done differently so that the protective planning would have worked as intended.

Asset Protection: A Necessary Response to “Out of Control” Litigation

In today’s society litigation is often used a means for the accumulation of wealth — not only for greedy plaintiffs, but for their unscrupulous lawyers as well. The proliferation of all types of liability claims and new theories of liability, coupled with ever-increasing insurance premiums and defense costs have stunned the business and professional community in the United States.

Selected Planning Issues: Planning After the Lawsuit – Can it be Done?

It is often said that once a person has been sued nothing can be done to protect assets. This is usually true. The knowledgeable asset protection professional will, however, be able to recognize the few exceptions to that rule. The ability to recognize and utilize the exceptions will depend upon a thorough understanding of the relevant fraudulent transfer law.

Titling Assets: Pitfalls to be Avoided – Part II

Many individuals attempt to implement asset protection on their own. Among the “do-it-yourself” methods commonly utilized is titling and re-titling assets among a spouse, children and others (friends & family members). Instead of accomplishing the desired protection, these “strategies” often expose the transferred asset to additional creditors, cause family conflicts, and raise gift and estate tax issues.