In 2017 there have been a variety of discussions among leading estate planning attorneys about the extent to which Ohio law now protects a deceased person’s assets from the claims of a creditor.  For many years it has been clear that a creditor could make claims against the probate assets (assets passing under a will) of the deceased person, at least so long as the claim is made timely (i.e., within six months of death) and presented appropriately (e.g., to an executor appointed by the probate court).  Ohio’s procedures are friendlier to estates and more hostile to creditors than some other states, but the general ideas are similar.


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A “dynasty trust” is a trust that is structured to preserve assets for multiple generations.  Assets continue to be held in trust (rather than being distributed directly to beneficiaries).  This is not a vehicle to protect your assets from your own personal creditors; but it protects the assets once they pass to a beneficiary.

For

It is highly advisable to focus on asset protection and estate planning at the same time. Keep in mind, however, that you will likely need separate documents for each type of planning.

Most people who set up an asset protection trust (“APT”) — either domestic or foreign — usually want to (i) retain some sort of control

Much of my work is centered on helping clients protect their assets during their lifetimes.  But most people also want to make sure that their assets are protected after their deaths.

A recent article in the New York Times describes a very public fight among relatives of actor/comedian Robin Williams.  His widow and his

The so called “fiscal cliff” bill passed by the House of Representatives on January 1 sets the federal estate and gift tax exemption amount at $5 million for 2013 and thereafter.  If Congress had not taken any action, the exemption amount would have fallen to about $1 million.  The exemption will be adjusted for inflation