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Legislative and Judicial DevelopmentsLegislative and Judicial Developments

Increased use of creative non-self-settled trust strategies.

8 Min Read
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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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About the Authors

Gideon Rothschild

Partner, Moses & Singer LLP

 

GIDEON ROTHSCHILD is a partner with the New York City law firm of MOSES & SINGER LLP, where he co-chairs the Trusts & Estates and Wealth Preservation Group.  He focuses his practice in the areas of domestic and international estate planning techniques for high net worth clients and is a nationally recognized authority on wealth preservation and foreign trusts. 

Mr. Rothschild is the Vice-chair of the Real Property Trust & Estate Law Section of the American Bar Association, a Fellow of the American College of Trust and Estate Counsel and Academician of The International Academy of Trust and Estate Lawyers.  He is a member of the Advisory Boards of BNA’s Tax Management and Trusts and Estates, the Immediate Past Chair of the New York Chapter of the Society of Trust and Estate Practitioners (STEP), and a member of the New York State Bar Association. 

He served as an Adjunct Professor at the University of Miami Law School Graduate Program and has lectured frequently to professional groups including the University of Miami’s Philip Heckerling Institute, the New York University Federal Tax Institute, the New York State Bar Association, the American Bar Association, and the American Institute of Certified Public Accountants.  

Mr. Rothschild is the co-author of the BNA Tax Management portfolio on Asset Protection Planning and has authored numerous articles for publications including  Trusts and EstatesandEstate Planning.  Mr. Rothschild is a recipient of the prestigious Distinguished Estate Planner award from the National Association of Estate Planners and Councils and is listed in Chambers USA, Best Lawyers in America, Top 100 New York Superlawyers and Worth’s Top 100 Lawyers.  Mr. Rothschild is also licensed as a Certified Public Accountant.

Daniel S. Rubin

Partner, Farrell Fritz, P.C.

Daniel S. Rubin is a partner in the New York law firm of Farrell Fritz, P.C.

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