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OnDemand Course

Asset Protection Planning: Fundamentals and New Approaches

Understand key strategies for approaching domestic and offshore asset protection trusts for your clients.

We live in a litigious society that seems to be victim oriented. Clients with assets are continuously subject to potential claims of liability. Understanding the key strategies for approaching, designing and structuring Domestic and Offshore Asset Protection for your clients is critical. This material will focus on the fundamentals involved in Asset Protection Planning and more importantly on the various strategies, uses, benefits, requirements and differences among the various Asset Protection strategies. There will also be a discussion on the most recent application with respect to Asset Protection Planning. The concepts of inside and outside creditors will be specifically explained and the setup of various structures designed to protect against both types of creditors would be thoroughly discussed. Finally, there will be case studies that will help pull everything together and make the learning experience extremely valuable. Appendix materials will also be supplied that will greatly enhance your practice.

Runtime: 127 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction and Overview

  • What Is Asset Protection Planning?
  • Why Is It so Important?
  • Inside and Outside Creditors
  • Discovery and Remedies of Creditors

The Limitations

  • Fraudulent Transfers
  • Bankruptcy
  • Money Laundering and Other Criminal Statutes

The Operating Business Entity

  • Shield of Liability
  • Selecting the Proper Entity
  • Compliance

Protecting Real Estate and Investment Assets

  • The Limited Liability Company (LLC)
  • Multi-Tier Strategy
  • Protective Shields: Inside and Outside Creditors
  • The Charging Order
  • Forum Shopping
  • Series LLCs

Domestic Asset Protection Trust

  • Estate Planning and Living Trusts
  • What Is a Domestic Asset Protection Trust (the DAPT)?
  • Setting up and Maintaining the DAPT
  • Protection of the DAPT
  • The Modular Structure Utilizing LLCs
  • Complete or Incomplete Gift
  • The Trust Protector

Offshore Asset Protection Planning

  • Offshore Entities
  • Foreign Asset Protection Trusts (the FAPT)
  • Selecting the Proper Offshore Jurisdiction
  • Tax Considerations
  • Issues of Contempt
  • Offshore Modular Planning
  • The Trust Protector

Advanced Techniques

  • Irrevocable Life Insurance Trusts
  • Family LLCs
  • Charitable Planning
  • Qualified Personal Residence Trusts (QPRT)
  • ERISA and State Specific Retirement Plans

Putting It All Together

  • Case Example #1
  • Case Example #2
  • Physicians Case: Example #3

Appendix:

  • Business Entity Checklist
  • LLC Explanation
  • Post Incorporation Memorandum
  • Post Organization Memorandum for LLC
  • Bullet Proofing Your Corporation
  • Protecting the Personal Residence
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 29, 2018.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 2.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 2.0 CLE hours of participatory credit.
     
  • NM CLE 2.1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 2.1 hours of credit.
     
  • WA CLE 2.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 2.0 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jeffrey R. Matsen, Esq.

Jeffrey R. Matsen, Esq.

Bohm Wildish & Matsen, LLP

  • Founder of Matsen Law and “of Counsel” to Bohm Wildish & Matsen, LLP
  • Practices encompasses Business Formation and Transactional Matters, Estate Planning, Asset Protection, Probate, Tax & Real Estate
  • Designated on the Nation’s “Top 100 Attorneys” by Worth magazine and one of Southern California “Super Lawyers” by Los Angeles magazine. Achieved the highest rating with Martindale Hubble Law Director and AVVO
  • Frequent speaker and author of numerous publications. Author of the ABA Publication The ABA Guide to Asset Protection Planning
  • J.D. degree, with honors, University of California Los Angeles; B.A. degree, cum laude, Brigham Young University
  • Can be reached at 714-384-6580
Ben Schwefel

Ben Schwefel

Bohm Wildish & Matsen, LLP

  • Associate attorney with Bohm Wildish & Matsen, LLP
  • Practice focuses on estate planning and assisting business owners and high net worth individuals to protect their assets, decrease their tax liabilities, and plan for future generations
  • Represents fiduciaries in complex probate, trust administration, and trust litigation matters
  • An active member of the Trust & Estates Section of the Orange County Bar Association, the Orange County Chapter of the USD Law Alumni Association, and The Elite OC – Young Professionals Giving Back
  • During law school, he received the Albert and Mae Lee Memorial Scholarship, recognizing strong scholastic ability and outstanding moral character; served as the comments editor for the San Diego Journal of Climate & Energy Law; and wrote a student comment selected for publication , 6 San Diego J. Climate & Energy L. 247 (2015)
  • J.D. degree, University of San Diego School of Law; undergraduate degree, University of California, San Diego
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
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Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 403969
Published 2018
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