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.
One of the most common points of confusion I see is this: “I heard about a Medicaid asset protection trust.…
A personal guarantee doesn’t make you a secondary obligor if the LLC fails. It makes you the borrower from the moment you sign. Nine years of entity structuring, bypassed by one signature. The liability stays. What changes is what the creditor can actually reach — and that difference determines whether you negotiate or liquidate.
California Probate Code §15304(a) makes self-settled spendthrift trusts unenforceable against the settlor’s creditors. If you created a trust for your own benefit in California, here’s why it won’t protect you.
Courts don’t penalize offshore planning — they penalize timing. The client who calls on Friday wanting everything moved offshore by Monday didn’t create the peril by planning. He created it by waiting.
New York’s New York’s EPTL §7-3.1(a) makes self-settled trusts fully reachable by creditors. For high-net-worth professionals and real estate investors in New York, here’s what the law actually allows — and what structure actually works.
Michael moved assets to family members and funded a trust in six weeks after a $4.2 million verdict. His attorney called it asset protection. The plaintiff’s attorney called it a fraudulent transfer. The court agreed with the plaintiff.
California is one of the most creditor-friendly states in the country. A revocable trust and single-member LLCs won’t stop a determined plaintiff attorney. Here’s what actually works under California law.
