asset protection

Whether you just sold your business or received a lump-sum cash payment, we fortify your personal and business assets against creditor claims, litigation exposure, and unforeseen liabilities. Our comprehensive asset protection practice leverages both offshore and domestic trust vehicles, each tailored to your risk profile, jurisdictional preferences, and long-term planning goals.

Spousal Lifetime Access Trusts (SLATs)

A Spousal Lifetime Access Trust, or SLAT, is a powerful asset protection and estate planning tool for married individuals seeking to transfer wealth while retaining indirect access to trust assets. A properly structured SLAT allows one spouse to create an irrevocable trust for the benefit of the other spouse, removing assets from the taxable estate while preserving flexibility for the family.

At Lomba P.A., we design SLATs to balance asset protection, tax efficiency, and long-term family objectives. These trusts are often used to shield assets from future creditors, reduce estate tax exposure, and preserve wealth for future generations. Because SLATs involve complex tax and marital considerations, careful drafting is essential to avoid unintended consequences in the event of divorce, death, or changes in tax law.

Charitable Lead Trusts (CLTs)

Charitable Lead Trusts are advanced planning vehicles that combine charitable giving with long-term asset preservation. A CLT allows a charity to receive income from trust assets for a defined period, after which the remaining assets pass to designated beneficiaries, often family members, at a significantly reduced tax cost.

Our firm structures Charitable Lead Trusts to align philanthropic goals with asset protection and wealth transfer strategies. CLTs are particularly effective for individuals seeking to support charitable causes while minimizing gift and estate taxes and preserving substantial value for heirs. Properly implemented, a CLT can protect assets while creating predictable charitable impact and long-term family benefit.

Charitable Remainder Trusts (CRTs)

A Charitable Remainder Trust provides income to the grantor or other beneficiaries for a set term or lifetime, with the remaining assets ultimately passing to a charitable organization. CRTs are commonly used to convert appreciated assets into income streams while deferring capital gains and enhancing asset protection.

At Lomba P.A., we counsel clients on the strategic use of Charitable Remainder Trusts as part of an integrated asset protection plan. CRTs can reduce immediate tax exposure, protect assets from future claims, and support charitable objectives without sacrificing financial security. Each trust is carefully structured to comply with federal requirements while maximizing flexibility and long-term value.

Offshore Trusts: Cook Islands & Nevis

When maximum confidentiality and litigation-resistance are paramount, offshore trusts in the Cook Islands and Nevis offer unparalleled advantages. Both jurisdictions enforce ultra-short statutes of limitation, often two years or less, on creditor claims, impose high burdens of proof for plaintiffs, and disallow local courts from overturning properly structured trusts.

  • Cook Islands Trusts

  • Robust statutory anti-suit injunctions preventing foreign judgments

  • No forced heirship or community-property rules; settlor can serve as beneficiary

  • Confidential court proceedings and strict privacy protections

  • Nevis Trusts

  • Erosion of fraudulent-conveyance claims through statutory safe harbors

  • Defendant-friendly presumptions requiring creditors to prove bad faith

  • Flexible trust-registration system with minimal public disclosure

By partnering with our network of offshore trustees and local counsel, we ensure your trust complies with all formalities, from trustee-residence and meeting requirements to formal trust-instrument language, so that courts worldwide defer to your chosen structure.

Domestic Asset Protection Trusts

For clients who prefer to keep trustees and administration stateside, many U.S. jurisdictions now permit Domestic Asset Protection Trusts (DAPTs). These irrevocable, spendthrift-style trusts allow settlors to benefit from their assets while insulating them from future creditor claims.

There are currently 17 states where you can establish a DAPT:

  • Alaska

  • Delaware

  • Hawaii

  • Michigan

  • Mississippi

  • Missouri

  • Nevada

  • New Hampshire

  • Ohio

  • Oklahoma

  • Rhode Island

  • South Dakota

  • Tennessee

  • Utah

  • Virginia

  • West Virginia

  • Wyoming

Each state enforces its own look-back period, trustee-residence requirements, and spendthrift exemptions. We guide you through selecting the ideal jurisdiction, appointing independent trustees, and crafting customized trust provisions that optimize protection and maintain compliance with state statutes.

Why Choose Lomba, P.A. for Asset Protection?

Our boutique practice combines hands-on attention with deep technical expertise in trust law and litigation risk management. We:

  • Conduct a thorough asset-exposure audit to identify your unique vulnerabilities

  • Design integrated offshore and domestic trust structures aligned with your estate-planning and tax objectives

  • Coordinate with international and local trustees to fulfill all formalities and reporting obligations

  • Monitor legislative changes and court decisions to ensure your plan remains bulletproof

Secure your hard-earned wealth and enjoy peace of mind. Contact South Florida Asset Protection firm, Lomba, P.A. to discuss a customized asset protection strategy that stands up to today’s most aggressive creditor tactics.

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