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Asset Protection Planning/Family Wealth Preservation

Protecting your hard earned assets is imperative for your future or the future of your dependents, extended family members, and/or those individuals included as beneficiaries of your estate. Asset Protective Trusts (APTs), also known as Dynasty Trusts, are designed to preserve your family values and wealth for succeeding generation(s) in compliance with your tax and non tax asset preservation objectives.

The purpose of creating an Asset Protective Trust (APT) is twofold for married couples or individuals:

  • To create a protective shell around the assets you put into the trust so that third party creditors, IRS liens, and/or Bankruptcy and Divorce Courts are unable to penetrate the protective shell of the trust. An APT protects the assets you have funded into the trust for as long as the trust remains in existence.
  • To reduce or eliminate Federal Estate Taxes (FETs) and generation-skipping taxes (GSTs), which are also known as the so-called "death taxes." An APT freezes the value of the assets placed in the trust for FET and GST tax purposes. The entire appreciation and growth of the assets in the trust will not be subject to "death taxes" at your passing and the subsequent passing of your descendants/beneficiary(s).

APTs are also designed to protect and enhance the interests and welfare of your children and grandchildren. Not everyone will necessarily be in agreement with the trust scenario you've implemented and will have different ideas on how to use their inheritance, such as continuing to expand their trust fund to spending it all frivolously. Or, they could have very different financial concerns such as a growing family, a business under financial stress, or physical disabilities that require expensive ongoing medical attention. The APT can be structured to ensure that beneficiaries are provided for depending on their unique situation, core values, and family welfare.

Properly designed, an Asset Protection Plan is a powerful and flexible tool for fostering responsible and purposeful transfers of wealth to enhance the quality of life of your heirs and their descendants. For additional information, select from one of the following:

 How is an APT created/formed?
 How is an APT funded?
 What are the disadvantages/advantages of dynasty trusts?
 How to become an APT beneficiary.


 



 


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