Domestic Asset Protection Trusts – A Viable Estate and Wealth Preservation Alternative
(The Florida Bar Journal, Volume LXXVII, No 5, May 2003)
This article reviews some of the basic provisions of the domestic asset protection trust legislation as enacted in Delaware and Nevada. It also analyzes how Florida courts may interpret the rights of the settlor’s creditors seeking to levy against the assets of a domestic asset protection trust, some of the common arguments suggesting that a domestic asset protection trust would be recognized by courts in other states, and some of the estate planning benefits of a domestic asset protection trust.