Tuesday, December 25, 2012

Starting An International Asset Protection Trust

By Marisol Guy


An individual may have an arrangement where entitlements to an asset are not fixed. The assets are held under a trust. This reliance is known as an international asset protection trust. This reliance has various advantages to an individual. The assets receive advantages from taxation, in the event of divorce or bankruptcy. The reliance avoids the negative effects of such liabilities.

A successful trust allows a person to reap great benefits facilitating large payoffs. However, to ensure that this happens, it is important for there to be co-ordination between the client and the lawyer. Good client cooperation results into their financial concerns and matters handled with utmost care. This cooperation ultimately sees the successful formation of a trust.

Setting up a reliance is a process. It can be done in two ways. One of the ways is having a foreign trustee set up. It is their responsibility to control the assets of an individual. To do this, an attorney sets up a trust where one exports all their assets into a foreign jurisdiction. In the home country, the individual is shielded from the effects of claims of liability resulting from the asset. The suitability of this method needs to be determined by an attorney.

A reliance can also be formed in another way. This is by having the asset in the home country; however, the asset is governed under foreign law. This foreign laws offer protection to the assets. This protection allows one to enjoy some benefits. The proximity of the asset also allows one to feel secure.

In the process of reliance formation, the presence and action of an attorney are necessary. The two parties have to engage in consultations. These consultations determine the best reliance method to apply onto the assets of the individual. However, the basis of these consultations is the wealth an individual owned. The amount of wealth will be the ultimate underlying factor on the method chosen. In addition to this, attorneys also look at the individuals debts.

The next step is for the reliance or to select a trustee. One can do this by himself or herself. An alternative to this is to have the attorney find the trustee. In addition to this, it is important to find qualified trustee services. Not only will this ensure that your needs are satisfied but also guarantee the safety and security of the assets. A sense of security gives peace of mind.

Before a reliance is implemented, the financial background of a person is examined. This is done in order to reveal any exposures to liability an person may have. An attorney reviews the financial records of a person, identifying debt claims. The importance of this step is to identify if a individual is qualified to start a trust. After this step, verification of documents and their drafting is done in order to finalize the process.

The final step involves the execution of the international asset protection trust. The process is finalized and one has the reliance set up and activated. This allows an individual to enjoy tax benefits and general estate planning benefits too.




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