What is the Ultimate Asset Protection Plan?
The Ultimate Asset Protection Plan moves from a deterrent effect plan to a complete solution plan. What this means is that in a critical situation the plan is capable of physically removing your assets away from the U.S. jurisdiction and the U.S. judges, juries and plaintiffs attorneys. As we saw in the section entitled: Does the FLP really work for Asset Protection, the FLP is a great first step since it places a barrier in the way of a creditor that can result in a mutual stand-off with the assets frozen. However, if the creditor is diligent and patient enough they still can remain in line for any eventual distribution. Not to mention the possibility that the judge will simple choose not to respect the partnership altogether. When we talk about the Ultimate Asset Protection Plan this is very different.
The Ultimate Asset Protection Plan relies on what has become the Gold Standard in Asset Protection, The International Asset Protection Trust (APT). This Trust is used in conjunction with your FLP It will typically serve as the 98% Limited Partner to your FLP. As a Grantor Trust, there are no tax consequences at all to the APT, and it is considered tax neutral.
However, if there is an, “Event of Duress” as defined in the Trust, the APT will Trigger and suck the underlying assets, that comprise the 98% interest in the FLP, out of the plan and out of the country if necessary. This would include all of the cash and liquid assets held by the FLP as well as any interest in LLC’s or other corporate entities held by the FLP. As long as the Trust avoids The Achilles Heal of Asset Protection, and was established before the existence of a creditor or an incident leading to a lawsuit, it is virtually impenetrable.
The net result is that the assets are no longer just difficult to reach through the U.S. court system, they become virtually impossible to reach! Any adjudication related to the assets of the Trust must now be pursued in the far away, and client friendly, jurisdiction of the Trust.
That is the Ultimate Asset Protection Plan – From Deterrence to Complete Solution!