asset protection
Secure your hard-earned wealth and enjoy peace of mind. Contact South Florida Asset Protection firm, Lomba, P.A
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.
Client testimonials
Frequently Asked Questions
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Asset protection planning focuses on legally structuring assets to reduce exposure to future creditor claims, lawsuits, and financial risk. Effective planning is proactive and integrates trusts, entity structuring, and estate planning tools to preserve wealth over the long term.
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A SLAT allows one spouse to transfer assets into an irrevocable trust for the benefit of the other spouse. This can remove assets from the taxable estate while still providing indirect access to trust benefits for the family, when structured correctly.
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When implemented in advance and properly drafted, SLATs can enhance asset protection by placing assets outside the grantor’s personal ownership. Timing and trust design are critical, particularly with respect to creditor exposure and marital considerations.
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A Charitable Lead Trust provides income to a charity for a set term, with remaining assets later passing to family beneficiaries. A Charitable Remainder Trust does the opposite, paying income to the grantor or beneficiaries first, with the remainder ultimately going to charity.
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Charitable trusts can support asset protection by moving assets into an irrevocable structure while aligning tax planning and philanthropic goals. They are often used to manage appreciated assets, reduce transfer taxes, and create predictable income or charitable impact.
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Collaborative, honest, and straightforward. We're here to guide the process, bring ideas to the table, and keep things moving.
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Asset protection planning is most effective when implemented well before a claim, lawsuit, or creditor issue arises. Once a legal threat exists, available options may be limited and subject to heightened scrutiny.