Asset Protection

Your Single-Member LLC: Not A Mighty Fortress

The tar balls are hitting Florida’s beaches, but the state’s courts aren’t yet clogged with oil spill litigation.  With some time on its hands, the Florida Supreme Court is still able to issue advisory opinions, including its June 24 decision in Olmstead v. Federal Trade Commission, 2010 WL 2518106 (Fla. 2010).  Olmstead may not be as important […]

More→

In re Woods – a Cautionary Tale for Kentucky Lenders

Although litigation is society’s mirror, it’s a mirror that reflects only with a certain lag time. Now that we are three years into the housing bust, and over two years into the Great Recession, the published case law is finally beginning to suggest that yes, we have had a credit crisis. That’s not surprising. Today’s […]

More→

Your Offshore Retirement “Plan B”

KYEstates’ prior retirement planning coverage has explored options for a $6 million asset base.  With this post, we’re pleased to make our coverage applicable to a wider audience, and encourage readers not to worry quite as much about their own situations, even if they see this post on a bad day for the stock market. […]

More→

A Hurricane May Hit This House in the Keys, But Creditors Won’t…

KYEstates often dicusses asset protection developments, and we’re pleased to share a really fascinating Florida decision, Miller v. Kresser, — So.3d —, 2010 WL1779899 (Fla. 4th DCA 2010). Juan Antunez broke the news that this is surely a season of May flowers for asset protection planning. There won’t often be victories for pure judicial formalism […]

More→

Keep Your Old Kentucky Home Safe From Creditors With Tenancy by the Entirety

Regular readers know that KYEstates takes a keen interest in the cat-and-mouse game of asset protection.  Before moving to Kentucky, your publisher lived in Massachusetts, and is, accordingly, a Red Sox fan.  This was back in the Bill Buckner era, when being a Red Sox fan was an exercise in persistence, not success.  So, your publisher […]

More→

Creditor Protection Denied for Florida Debtor’s Inherited IRA

KYEstates has been following issues of creditor protection for inherited IRAs closely (see here and here), and we haven’t hidden the fact that on this issue, we’re biased in favor of the debtor. Before today, our series was tied at Debtor 1, Creditor 1. With today’s report, the score regrettably changes to Debtor 1, Creditor […]

More→

Choice of Residency – Kentucky Home or Sunshine State?

Readers, thank you for your patience. A tax season full of 1065s, 1041s, and 709s reduced posting frequency at KYEstates during the last two weeks. But we have been hard at work on something really good, something we hope will be quite useful. We’re proud to present our KYEstates Florida v. Kentucky residency planning chart. […]

More→

In re Chilton – Bad News for Creditor Protection for Inherited IRAs

As previously discussed in this post, KYEstates strives to provide fair and balanced coverage, so when we are biased, we will let you know.  To that end, we previously warned readers that we are biased in favor of the taxpayer.  (Apparently, when we made this (not-so-shocking) disclosure, the IRS noticed, because shortly afterwards we started […]

More→

Timmberrr…Another Taxpayer FLP Win!

At KYEstates, we don’t want to hex ourselves, or taxpayers, but the fact is that we’re on a little bit of an FLP roll here and here. The good news for taxpayers continues with Estate of Shurtz, T.C. Memo. 2010-21 (Feb. 3, 2010). Even though the taxpayer showed up at the Tax Court with mixed […]

More→

Heirloom Stock + Predator Creditors = Family Limited Partnership Win for Taxpayer

KYEstates is pleased to share welcome news of a taxpayer win in Estate of Black v. Comm’r, 133 T.C. No. 15 (Dec. 14, 2009). Black involved (you guessed it) a family limited partnership, and prominently features all four Big Themes of estate planning: favored and disfavored Family members, really large amounts of Money, and correspondingly […]

More→