Saturday, October 21
Session 4: Domestic Asset Protection Trusts: 20th Anniversary
We have arrived at the 20th Anniversary of the first asset protection trust legislation enacted in the U.S. During that period, there have been a very few decided cases involving asset protection trusts, a number of tax rulings hinging upon the creditor protection features of such trusts, and changes to the Bankruptcy Act to address self-settled trusts. This session will focus on the current state of domestic asset protection trusts in the U.S., including an overview of states that have enacted legislation and states that have considered DAPT legislation. This session will also discuss decided cases involving domestic asset protection trusts, and how some of those cases have dealt with the self-settled trust sections of the 2005 Bankruptcy Act. The session will also discuss how outof-court settlements are likely more numerous than decided cases, and how these cases may get settled. The panelists will also describe when ”bad facts” and “bad administration” might impact the efficacy of an asset protection trust. Finally, the panelists will discuss the role that a lawyer plays in the planning process, including any due diligence.
Session 5: Creditor Protection with Tools of the Trade
There are many tools available to planners to help them achieve clients’ creditor-protection objectives without the need for a self-settled asset-protection trust. Many of these tools have been available under the law for years, while others represent recent developments in the laws surrounding creditor protection. This panel will discuss examples of legislation in many states designed to provide creditor protection, including protection for inherited IRAs and other retirement plan assets, life insurance, annuities, and tenancy by the entireties property (including such property that is transferred to a trust). The panel will also discuss issues regarding third-party spendthrift trusts, and strategies for a grantor to retain or reacquire interests (or potential interests) in trusts other than asset protection trusts while providing creditor protection to the grantor, such as Spousal Lifetime Access Trusts, lifetime QTIPs with interests that return to the grantor at spouse’s death and powers of appointment that can be exercised in favor of the grantor. The panel will also address state alternative entities laws and remedies with respect to those entities (e.g., charging orders) that provide protection.
Session 6: Uniform Voidable Transactions Act
Whether they know it or not, trust and estate counsel need to be aware of fraudulent transfer/voidable transaction issues when advising clients. This session will describe the “new” Uniform Voidable Transactions Act (UVTA) and why it is so important for lawyers around the country, even if it has not (yet) been enacted in the attorney’s state of practice. The panel will explain the Uniform Law Commission process and will then discuss the perceived issues in connection with the Uniform Fraudulent Transfers Act that led to the revisions embodied in the UVTA. In particular, the panel will describe the implications that the new UVTA has for domestic asset protection trusts and, specifically, the problems inherent in Comment 8 to the UVTA.
2017 ACTEC Fall Meeting
October 21, 2017