asset protection
Whether you just sold your business or received a lump sum of cash, 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.
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.