This page is the table of contents for the Franke Beckett treatise Maryland Lawyer’s Guide to Asset Protection in Estate Planning: An Overview. Use the links below to jump directly to the relevant sections of the full treatise.
Table of Contents
Asset Protection as Part of Estate Planning
- About These Materials and Its Use
- Modern Asset Protection Is Becoming More Aggressive
- The Pigs-Get-Fat-and-the-Hogs-Get-Slaughtered Principle
Some of the Guard Rails Lawyers Must Stay Within
- Maryland Lawyers Must Practice Ethically
- A Lawyer Is Not Permitted to Assist Clients in Committing Fraud
- Stay Alert for Civil Conspiracies and/or Potential Torts
- Stay on Safe Grounds & Document Same
Maryland and Federal Statutes on Wrongful Transfers
- The Various State Uniform Acts
- Background: the Maryland Uniform Fraudulent Conveyance Act
- The Maryland Statutory Law
- The Objective Approach to “Fraud” – Badges of Fraud
- Family Relationships are Suspicious
- Constructive Notice of Fraud
- Fraudulent Transfers in Bankruptcy Proceedings
- Fraudulent Conveyance Look-Back Period
- Forum Shopping for the Best Deal
Tenancy by the Entirety – Powerful Asset Protection
- Maryland Tenants by the Entirety
- A Powerful Asset Protection Tool
- Tenants by the Entirety and Same Sex Marriage
- Be Careful About Shuffling the Deck & Bankruptcy
- The Nature of the Tenancy
- Requirements for Creation
- Joint Action Necessary
- Creating or Adding to Entity Property
- Maryland Tenants by the Entirety Trusts
- Basics About the Maryland Tenants by the Entirety Trusts
- Tenants by the Entirety as a DAPT for Married Couples
- Other Spousal Property
- Tenants by the Entirety & Federal Taxes
Disclaimers & Asset Protection
- Are Disclaimers Transfers & Why is it Important?
- Maryland Statutory Disclaimer Provisions
- Disclaimers and Medicaid Recipients
- Disclaimers and Federal Tax Debt
- Disclaimers and Bankruptcy
Self-Settled Trusts & Asset Protection
- Self-Settled Trusts
- The Maryland View
- Offshore Self-Settled Trusts
- Domestic Asset Protection Trusts
- Are DAPTs Enforceable in Maryland?
- Bankruptcy Courts & DAPTs
Spendthrift Trusts
- Third Party Spendthrift Trusts
- In General
- Theoretical Underpinning
- Special Status Creditors
- Family Law Claims
- Support Trust Exception vs. Discretionary Trust
- Tax Debt Exception – Limited of Absolute?
- Limits to the Exception Creditor Pool
- 529 Plans
- Spendthrift Clauses and Trust Termination
Discretionary Trusts
- Maryland Codification of Discretionary Trust Protection
- The Significance of Adopting the First National Holding
- Trustee Standards
- The Restatement (Third) Approach
- UTC Approach
Spousal Trusts
- Spousal Lifetime Access Trusts (SLATs)
- Statutory Framework
- Transfer Tax/Marital Deduction Treatment
- Usefulness
IRAs
Life Insurance
Powers of Appointment
- The Maryland “General” Power
- Creditors and Limited Powers of Appointment in Self-Settled Trusts
- Maryland Common Law: General Powers in Third-Party Trusts That Are Not Presently Exercisable
- Creditors and Presently Exercisable General Powers of Appointment
- The Maryland Trust Act
- The Beneficiary as Trustee of Third Party Trusts
Family & Closely Held Entities
- Asset Protection & Family Partnerships
- Limited Liability Partnership
- Creating or Amending to Become a Limited Liability Partnership
- General and Limited Partnership Interests
- The General Partners’ Interest
- The Limited Partner’s Interest
- The Charging Order
- The Policy Basis for the Charging Order
- The Scope of the Remedies Under a Charging Order
- Management Rights, Fiduciary Obligations, & Charging Orders
- Partnership Interests in Bankruptcy
- Limited Liability Companies (LLCs)
- LLCs & Bankruptcy
- Corporations
- Family Entities and Divorce
