Lawsuits happen a lot these days, especially if you’re wealthy or work in a risky job. There are ways to protect your money, like having good insurance or spreading your assets across different companies. These are smart moves, but they’re not foolproof.
When you want irrevocable trusts where your assets stay protected during their lives, you find one called the Domestic Asset Protection Trust (DAPT). This article will discuss all about DAPTs. You will also get an idea of how a hybrid DAPT works.
What is a Domestic Asset Protection Trust?
A Domestic Asset Protection Trust (DAPT) is an unchangeable trust that follows the laws of a specific authority. If you create it, you can be a flexible beneficiary as the settlor. This means you retain control while keeping your assets safe from creditors.
When you put assets into a DAPT, they aren’t instantly protected from creditors. Each state has a time limit before the protection kicks in. Also, you can’t use a DAPT to escape from a claim that already exists when you create the trust. The number of years needed for protection varies, and it depends on whether the creditors are known or unknown.
Which states allow a Domestic Asset Protection Trust?
Choosing a DAPT depends on where you live. In Alaska, there’s the Alaska DAPT; in California, you might lean towards the Nevada DAPT. DAPTs vary by state in protection levels and waiting periods.
For instance, Nevada is the only state with a trust impenetrable even to ex-spouses seeking alimony, while other states have exceptions. Although DAPTs offer general safety, some creditors could access assets if they prove a fraudulent transfer.
Another important thing is that not all the states in the US allow DAPT. If your state doesn’t allow DAPTs, you can set one up in another state, but it might have some limitations. Get advice from an estate planning lawyer to figure out if it’s right for you.
The following states authorize DAPTs:
- New Hampshire
- West Virginia
- Rhode Island
- South Dakota
What are the basic requirements of the DAPT?
To create a DAPT, you need at least one trustee who lives where it’s allowed or is a bank in that place. The trust has to follow the laws there, and the grantor’s interest must be protected. Also, the person creating the trust must stay financially stable after putting assets in to avoid any issues.
You can think about the hybrid DAPT as a potentially better option than a regular DAPT for you.
Here’s the main difference: in a hybrid DAPT, you aren’t listed as a beneficiary, unlike a DAPT. This means there is no chance for a creditor to claim against you since you don’t have any rights to the trust.
Usually, family members like spouses and kids get the benefits. If your spouse is a beneficiary, they can get distributions to support your lifestyle. And if all beneficiaries pass away, a trust protector can add more, including you.
Advantages of Domestic Asset Protection Trust
If you have lots of money or assets, a Domestic Asset Protection Trust (DAPT) could shield them from creditors and lawsuits.
The main perk is that it makes your assets off-limits to creditors, especially handy if you work in fields like finance or healthcare where lawsuits are common. They also help dodge costly legal battles. If creditors come knocking, they settle outside court to cut legal costs.
DAPTs aren’t just for creditors; they also safeguard non-marital assets. Before marriage, you can store your money and stuff in a trust. If there’s a divorce, your assets will stay safe without awkward prenup talks. Thus, it becomes your backup plan for your stuff that avoids emotional discussions about prenuptial agreements.
Unlike regular trusts, DAPTs let you keep some control over your stuff while still protecting it.
Disadvantages of Domestic Asset Protection Trust
DAPTs help you if you’re wealthy, but there are issues. Trustees must follow U.S. laws, facing trouble if not, pushing you toward offshore trusts.
There is a term called full faith and credit, which means states accept each other’s judgments and make it easier for the creditors.
Besides, federal courts might not be following state laws, adding complexity. Also, privacy is a myth – you can face subpoenas, and each state and federal court has its own rules. All these make your DAPT less secret than you’d think. Therefore, you should consider these concerns before choosing a DAPT.
DAPTs keep your stuff safe from creditors and legal trouble. Originally from Alaska, they are now in 20 states. They’re not equally effective everywhere, but they can stop legal problems. Each state has its own DAPT rules for protection. Before getting one, think about the costs and risks to see if it’s right for you.