This Article examines the rise of state asset protection trust (\u27APT) statutes. It juxtaposes two apparently contrary trends: an increase in formal legal responses suggesting that the trusts created under these statutes are likely to have at best limited enforceability and an increase in the adoption and use of these statutes. After summarizing the legal background out of which these two trends arise, I analyze the characteristics of the states that have chosen to adopt them to date and conclude that the size of a state is less predictive of adoption than broader social and economic characteristics of the populace. This Article closes with a discussion of why the use of the statutes is growing. In general, the limited litigation, coupled...
This Article presents the first empirical study of the domestic jurisdictional competition for trust...
Viewed with a dispassionate but slightly skeptical eye, transfers to asset protection trusts are fra...
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a ...
This Article examines the rise of state asset protection trust (\u27APT) statutes. It juxtaposes two...
In the April 25, 1997, issue of Agricultural Law Digest, we examined the asset protection trust as a...
In the year 2000, the Uniform Law Commissioners approved the Uniform Trust Code (UTC). This was the ...
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of ...
The United States is experiencing a quiet revolution in the law of trusts. In an effort to compete w...
Asset protection planning has gained in popularity and acceptance among estate planners over the pas...
The concept of using legal structures to protect property from those who might otherwise have some c...
For years, U.S. citizens have looked to offshore jurisdictions to create trusts that protect a settl...
Spendthrift trusts which shield assets from creditors have been an ongoing problem for the law since...
abstract . This Article presents the first empirical study of the domestic jurisdictional competitio...
In recent years, a large number of Americans have established asset protection trusts in foreign c...
The Portnoy, Brooks, and Lawrence cases demonstrate that under the right facts and circumstances, co...
This Article presents the first empirical study of the domestic jurisdictional competition for trust...
Viewed with a dispassionate but slightly skeptical eye, transfers to asset protection trusts are fra...
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a ...
This Article examines the rise of state asset protection trust (\u27APT) statutes. It juxtaposes two...
In the April 25, 1997, issue of Agricultural Law Digest, we examined the asset protection trust as a...
In the year 2000, the Uniform Law Commissioners approved the Uniform Trust Code (UTC). This was the ...
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of ...
The United States is experiencing a quiet revolution in the law of trusts. In an effort to compete w...
Asset protection planning has gained in popularity and acceptance among estate planners over the pas...
The concept of using legal structures to protect property from those who might otherwise have some c...
For years, U.S. citizens have looked to offshore jurisdictions to create trusts that protect a settl...
Spendthrift trusts which shield assets from creditors have been an ongoing problem for the law since...
abstract . This Article presents the first empirical study of the domestic jurisdictional competitio...
In recent years, a large number of Americans have established asset protection trusts in foreign c...
The Portnoy, Brooks, and Lawrence cases demonstrate that under the right facts and circumstances, co...
This Article presents the first empirical study of the domestic jurisdictional competition for trust...
Viewed with a dispassionate but slightly skeptical eye, transfers to asset protection trusts are fra...
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a ...