by Joel Roettger | Mar 25, 2018 | Asset Protection, Estate Planning, Trusts
For reasons of privacy and asset protection, clients sometimes seek to conceal or obscure their ownership of real property. Tennessee law, however, does not make it easy to do so. One technique is to purchase real estate through an entity, such as a limited liability...
by Joel Roettger | May 24, 2017 | Asset Protection, Estate Planning, Trusts
Can a revocable trust created by one spouse after marriage constitute an enforceable postnuptial agreement for divorce purposes? This question arose in a recent case decided by the Tennessee Court of Appeals. The facts are as follows: Husband and Wife were married in...
by Joel Roettger | May 23, 2017 | Asset Protection, Estate Planning, Trusts
A previous post discusses who can legally be the trustee of Tennessee Investment Services Trust (TIST). A better question might be: who should be the trustee of a TIST? Choosing the wrong trustee could expose a TIST to creditors. One argument in favor of piercing a...
by Joel Roettger | May 15, 2017 | Asset Protection, Estate Planning, Trusts
Ownership by the Other Spouse–It is not uncommon for a spouse with high liability exposure to transfer assets to his or her spouse with a lower risk profile. Tenancy by the Entirety (TBE)–TBE refers to assets titled in the name of husband and wife. A...
by Joel Roettger | Apr 4, 2017 | Asset Protection, Estate Planning
Normally, if you establish a Tennessee trust for your own benefit and fund it with your own assets, the trust assets are not shielded from creditors. Instead, creditors can reach the maximum amount that can be distributed to you or for your benefit. This is true...
