Legal Question in Wills and Trusts in Florida

Is therea trust account that i can put money into that will be safe an cant be touched by the irs or state or any kind of lawsuits


Asked on 9/26/11, 12:59 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If you put money into an account - it will be reported to the IRS.

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Answered on 9/27/11, 7:20 am
Michael Sasso M. Daniel Sasso

The U.S. Internal Revenue Code and the Federal Statutes would give what is called "The Right of Supremacy" to any Federal Court (including Bankruptcy) to determine the source of monies that you have obtained if they were "ill gotten" or if there were a failure to report and the statute of limits has not as yet run against the proper reporting of the same, be it from gambling, or other source.

Assuming that money, assets and other properties was received or earned under normal circumstances, then there are numerous planning opportunities that you could make both in the U.S. and outside its borders. Remember that most foreign countries have working relationships with the U.S. government and will provide access to the accounts to the Justice Department and the IRS upon proper procedure.

I practice in the area of DAPT's (Domestic Asset Protection Trusts) that when set up properly provide a great deal of protection and security against collateral type attack from sister states, and creditors; also some Bankruptcy protection planning may be available if appropriate precautions are taken and there is time available to work with.

I would suggest you at least browse the Asset Protection websites, or put in FAPT, and DAPT and see what comes up and if it is somewhat suitable to your situation. To my knowledge there are only a very limited number of off shore countries that do not have a working relationship with the U.S. authorities, the most public one is in the "Cook Islands", South Pacific, and there is a good deal of information and reports available on those.

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Answered on 9/27/11, 1:56 pm


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