Protecting assets is a major goal of estate planning, and as of March 2022, nineteen states have statutes that allow the creation of a domestic asset protection trust (DAPT). A DAPT is an irrevocable trust designed to protect trust assets from beneficiaries’ creditors. An even better version of this trust is the hybrid DAPT, which can offer another layer of protection for your client. Read on to learn how it works.

A silent trust is one where the beneficiaries are not aware of its existence. Why would a grantor want to create a silent trust? The grantor may not want to discuss how she designed the residuary distribution provision of the trust, as it may breed family conflict. Or, the grantor may think that if a beneficiary knows that he is set up for an inheritance, he will become lazy or a spendthrift. In any event, the grantor wishes for the trust to be kept a secret. Are these types of trusts allowed?

If you practice in estate planning or elder law, you likely have heard of special needs planning. You know you should plan for a beneficiary who has special needs by creating a special needs trust (SNT) to hold their inheritance. But what about including contingent SNT provisions in the client’s revocable living trust? Let’s talk about what exactly this type of planning is and why it is important.