by Thomas D. Begley, Jr., CELA<\/p>\n
This is the final article in a series devoted to protecting assets from claims of creditors. (The other articles in the series are here: Part 1<\/a> and Part 2<\/a>.) The main issue in this type of planning is the Fraudulent Transfer Act. Previous articles have discussed insurance, titling of assets, retirement plans, assets used in a profession or business, Domestic Asset Protection Trusts (DAPTs), and Off-Shore Trusts. This article will discuss the Elective Share, the Fraudulent Transfer Act, and whether you are a good candidate for asset protection strategies.<\/p>\n DIVORCE<\/em><\/strong><\/p>\n Divorce often subjects assets of a professional or business person to claims of the divorcing spouse. It appears clear that the spouse of a Delaware decedent is unable to reach assets in a Delaware DAPT by asserting rights to an elective share. Delaware law does not defer to the decedent\u2019s domicile to determine the surviving spouse\u2019s elective share (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA This is the final article in a series devoted to protecting assets from claims of creditors. (The other articles in the series are here: Part 1 and Part 2.) The main issue in this…<\/span><\/p>\n