Delaware Asset Protection Trusts and Creditors' Rights

Todd Flubacher, ACTEC Fellow and partner in Morris Nichols’ Trusts, Estates and Tax Group and associate Randy Herndon authored Delaware Asset Protection Trusts and Creditors’ Rights featured in the September 2010 edition of Estate Planning Magazine that answers the question:  How is a settlor who creates a trust in which he or she retains the right to receive distributions better off creating the trust as a Delaware asset protection trust (DAPT) than as a trust in another jurisdiction that does not provide creditor protection to a settlor?

Click here to download the article that examines the rights that creditors may have to access the assets of a Delaware asset protection trust (DAPT) once it is created.

Estate Planning Magazine is published monthly by Thomson Reuters.  It features articles and analytical commentary from nationally recognized legal, financial, trust and insurance experts who provide practical guidance on, among other topics, estate and gift taxation, generation-skipping tax rules, the use of trusts in planning, planning for partnerships and other closely held businesses, asset protection, as well as information about the latest taxation, legislative and financial developments affecting estate planning decisions.

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Todd A. Flubacher, “Delaware Asset Protection Trusts and Creditors’ Rights,” Estate Planning Magazine (September 2010)