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The past year has seen numerous important legislative and judicial developments in asset protection planning. Although self-settled trusts continue to receive the most popular attention, both favorable and unfavorable, there’s an increasingly greater application of creative non-self-settled spendthrift trust strategies that practitioners are developing due to a continuing lack of clarity as to the efficacy of such self-settled spendthrift or asset protection trusts (APTs) for asset protection purposes. In this regard, and although it’s now been more than 30 years since modern-day APTs began to be used, a perceived public policy against APTs may remain in existence in a (albeit quickly shrinking) majority of states, which still presents a...
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