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Kinetic Asset Protection: Why The Trustee Doesn't Matter.

By Rob Lambert - Email Editor

Date: 06-Oct-2005

Two out of three emails that I receive focus on the “jurisdiction” for an Asset Protection Trust.

I maintain that the jurisdiction in which you form your Trust does not matter. Most people think this is the battleground. The bottom line is that you should change the battleground if problems arise.

In a properly designed Kinetic Asset Protection Trust two things happen:

1. The Kinetic Asset Protection Trust is set up BEFORE problems arise.
2. NOBODY BUT NOBODY CAN REACH THE PROTECTED ASSETS AT THAT TIME.

WHY: Because the transfer is not a fraudulent conveyance.

Remember, I maintain that the jurisdiction does not matter. WHY? Because you can change the country which controls your Trust in five minutes by firing your “old” trustee in one country and hiring a different one in another.

So, with a Kinetic Plan, how does this happen?

It is simple. All you, or more specifically your “Protector,” does is fire one trustee in favor of another. People miss this magic. It totally changes the game.

It is IMPORTANT that your trustees be “clean” and always avoid at any cost any claim of fraudulent conveyance. They must never cross the mark.

So, watch your back, and don’t allow anybody else to set your direction.

While you are reading this I should be in Paris meeting with a client and, with any luck, on my way to my favorite brasserie. I will return with some new ideas for our EU clients. Don’t forget the second rule of Asset Protection: NO COUNTRY IN THE WORLD AUTOMATICALLY ENFORCES U.S. JUDGMENTS.

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