An LLC and an insurance policy are not an asset protection plan.
Why Does One Attorney Say “Just Get an LLC” and Another Recommends a $35,000 Plan?
Why Does One Attorney Say “Just Get an LLC” and Another Recommends a $35,000 Plan?
A fully foreign trust may offer powerful asset protection—but it also creates guaranteed annual reporting obligations that can produce six-figure penalties even when no additional tax is owed. Before recommending an offshore structure, CPAs, wealth managers, and financial advisors should understand the true cost of Forms 3520 and 3520-A, the importance of an independent offshore trustee, and why many clients are better served by a hybrid Bridge Trust® that defers foreign compliance until it is actually needed. This article provides a practical framework for evaluating both the financial and structural risks before sending a client offshore.
When you create a foreign trust, you step into one of the most unforgiving reporting regimes in the entire Internal Revenue Code. The rules live in IRC § 6048.
The “trustee might refuse” critique of the Bridge Trust® collapses under the statutory framework, contractual reality, and 30 years of operating history.
The biggest criticism of the Bridge Trust® is that the offshore trustee can simply “say no” during duress. That critique misunderstands how the structure actually works. This article explains why the Special Successor Trustee’s commitment is made at formation — not at trigger — and why the same “maybe” argument applies equally to fully foreign Cook Islands trusts. Includes real-world case analysis, trustee mechanics, Cook Islands law, and the four pillars courts actually evaluate: timing, control, jurisdiction, and collectibility.
SLATs vs. Dynasty Bridge Trust™: Why Spousal Lifetime Access Trusts Fail. SLATs forfeit the step-up, lock in valuation, provide no creditor protection, and risk reciprocal trust doctrine collapse. What the alternative solves.
Locked In or Optional: Evaluating Trust Proposals After the OBBBA. A paired-trust proposal forces four irrevocable decisions on day one. With the sunset gone, here's how to tell which ones your family actually needs to make now.
Is the Bridge Trust® Really a Domestic Trust? No. The Bridge Trust® is a foreign trust in legal character from the day it is executed. “Domestic” is its IRC §7701 tax classification, not its legal situs. Two statutory tracks, explained.
The Planning Gap Most Advisors Never Address. Your client has an estate plan and a portfolio. Neither answers what a creditor can collect. What that gap costs — and how the referral works without touching AUM.
Most asset protection structures fail for one reason — the client never actually lost control. Here’s the control doctrine courts apply and why most attorneys build plans that collapse under it.