Get access to the same system the rich use to protect their assets so you’re never a soft target for lawsuits. Here are some of the advantages of an Asset Vault Trust:
- It is supported by over 140 years of case law, plus state and federal statutes throughout the country.
- Assets are removed from your personal ownership and from any disclosure of your personal assets. It is a private document, and it cannot be discovered through any public records.
- It can protect any type of asset in any location from any type of liability including lawsuits, bankruptcy, tax liens, divorce, or government actions.
- Its terms, conditions, and beneficiaries can be changed, and the assets can be returned to you without any cost or tax effect at any time.
- It can be set up within a matter of days and requires no appraisals, no gift taxes, no extra tax returns, and no ongoing maintenance fees. You can transfer any asset into or out of the trust without any tax consequences. Our trusts do not increase or decrease your income taxes, and we will coordinate with your CPA to be sure they understand and agree with the tax treatment.
- Another one of the advantages of an Asset Vault Trust is it’s supported by generations of legal precedent. On the other hand, despite heavy marketing, history and court cases prove that offshore trusts and DAPTs fail to protect assets as promised.
- And lastly, our team has years of relevant experience and remains current, so our asset protection framework is sophisticated enough for clients with over a $100 million, while simple and economical enough for those with just $1 million.
ASSET VAULT TRUSTS™ ARE BETTER THAN DOMESTIC ASSET PROTECTION TRUSTS
| Criteria | DAPT | ASSET VAULT TRUST™ |
| Effective Jurisdictions | Currently only a minority of States have enacted Domestic Asset Protection Trust (DAPT) statutes. | Our trusts are effective under the laws of all 50 States and the Federal Bankruptcy code. |
| Case Law | DAPTs have yet to be truly tested in court. It is likely that a DAPT may be effective in a lawsuit in the state where it was created. If, however, you are sued in a state that does not have a DAPT statute, that state’s laws will apply, NOT the laws of the DAPT state. There are ZERO court cases upholding DAPTs. The only court cases dealing with DAPTs have defeated the trusts. See In re Mortensen Battley v. Mortensen, (Adv. D.Alaska, No. A09-90036-DMD, May 26, 2011), Waldron v. Huber (In re Huber), 2013 WL 2154218 (Bk.W.D.Wa., Slip Copy, May 17, 2013.) | There is an enormous body of law supporting our Asset Vault Trust™. |
| Bankruptcy | DAPTs do not protect assets in a bankruptcy. See US Bankruptcy Code Section 548(e), In re Mortensen, and Waldron v. Huber. | Our Asset Vault Trust™ is effective under the Federal Bankruptcy Code. See US Bankruptcy Code Section 541(b)(1). |
| Appearances | Creditor attorneys pounce on trusts specifically created for asset protection. DAPTs are asset protection trusts created under statutes that specifically refer to the purpose being “asset protection.” It could be easier to argue fraudulent transfer if the purpose of the trust is clearly for asset protection. | Our Asset Vault Trust™ is an ordinary estate planning tool established for legitimate purposes and do not raise a red flag or indicate unethical or inappropriate activity. |
| Cost & Complexity | DAPTs must meet all the requirements of the DAPT statute. This includes having a qualified trustee in the DAPT state. Professional trustee fees and attorney fees add to the ongoing costs of a DAPT. | Because our Asset Vault Trust™ is accepted and upheld in all jurisdictions, it is possible to minimize or avoid significant annual fees. |
If you have questions about the advantages of an Asset Vault Trust, give us a call at 602-443-4888. Our Asset Protection attorneys are here to help.
