Part 1: Mark Merric’s Asset Protection Trilogy

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Recording and Slides are Available Here

Over the last twenty years, asset protection has become one of the main parts, and in many cases, the primary component of estate planning.  Mark Merric’s exclusive 3-part LISI Webinar series will help you sharpen your asset protection planning skills, help you learn how to quickly identify the issues and allow you to develop new and modify existing plan designs. Mark’s asset protection trilogy discusses the three primary asset protection tools used as part of the estate plan, and is ideal for anyone advising wealthy and/or business owner clients.  IMPORTANT NOTE: You can register for the entire series at a special limited time discount by Clicking This Link. 

Registration Includes UNLIMITED ACCESS to Recording and Slides after the webinars.

In each 90-minute session, Mark will cover the following concepts, and much more: 

I.       FLP or LLC – The Asset Protection Behind a Charging Order – November 20th @ 3PM ET

Limited partnership and limited liability company law has a unique creditor remedy – a “charging order.”  Except of the state of Nevada, this is not found in any corporate statutes.  If a creditor’s sole remedy is in fact a charging order, then charging order protection provides a fair degree of asset protection.

  • How is corporate asset protection different from a charging order?
  • Learn why all states are not even close to equal in the asset protection provided by their charging order statutes.
  • How does a judicial foreclosure sale affect the asset protection of a charging order?
  • What about those equitable remedies of pierce the veil; reverse veil piercing; constructive trust; resulting trust; or alter ego?
  • What is a creditor’s bill?
  • How does bankruptcy change the asset protection and what is an executory contract?
  • Unless substantially modified, when one of the uniform limited partnership or liability company acts claims it is sole remedy, it generally is nothing more than “double speak” (from George Orwell’s book 1984).
  • What states have the best charging order statutes?

II.      Discretionary Dynasty Trusts – December 18th @ 3PM

Also, around twenty years ago, many of the high-end estate planners changed their drafting style from using an ascertainable standard with age vesting to a discretionary dynasty trust.  Today these planners may use discretionary dynasty trusts over 40% of the time.  In my firm, we are draft them over 90% of the time.  This change was because many planners consider a third-party discretionary dynasty trust (e.g. mom or dad created the trust) for the benefit of the child as one of the best forms of asset protection.

  • Learn why doesn’t spendthrift protection work in many situations?
  • How is English asset protection, which was incorporated into American asset protection, different that spendthrift protection?
  • How many clients do you have that want part of their child’s inheritance to go to an estranged spouse?
  • When does a beneficial interest in a trust become property?
  • If it becomes property, when does it become marital property?
  • Why isn’t a beneficiary’s interest in a discretionary dynasty trust property – not even under federal law?
  • What is a super creditor under federal law?
  • Which states have the best discretionary trust asset protection law?

III.     Asset Protection Trusts – January 22 @ 3pm ET

In 1992, I was fortunate enough to work with the firm and the two attorneys that drafted the world’s first international trust asset protection statute – the Cook Island statute.  Since then, over 20 nations have adopted asset protection trust legislation and nineteen states.  An asset protection trust is a self-settled trust.    

  • Learn how an asset protection trust statute works.
  • Why does Ohio have the best statute in my opinion, and which four states are shortly behind?
  • Understand why these trusts are typically coupled with an LLC or a FLP.
  • Will an out of state judge apply APT law?
  • What is more effective:  Domestic or Offshore?
  • How does a client’s composition of assets affect the asset protection provided by these trusts?
  • Are fraudulent conveyance statutes really limited to two years by some of these statutes?
  • Is the APT drafted as what many refer to a hybrid trust a much stronger form of asset protection?


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