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Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications, Kelsey Massey
Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications, Kelsey Massey
The Journal of Business, Entrepreneurship & the Law
The primary concern of this note is summarizing the public policy concerns concerning Domestic Self-Settled Asset Protection Trusts (DAPT) debated by scholars in a concise way and critiquing them. Secondly, this note seeks to compile various alternative structures suggested by scholars. Part I will explain the basic nature of spendthrift trusts and explain the history leading to the current DAPT structure. Part II will briefly explore the differences between Offshore Self-Settled Asset Protection Trusts (OAPTs) and DAPTs. Part III provides an overview of the relevant policy arguments for and against DAPT statutes and an analysis of their relative persuasiveness. Part …