Who Should Consider an Asset Protection Trust in New York?
Harold Damm

An Asset Protection Trust (APT) is not a one-size-fits-all solution. It's a specialized estate planning tool designed to shield assets from creditors and lawsuits. Here's who might need to consider such a trust:

1. Professionals at High Risk of Lawsuits

Doctors, dentists, surgeons, lawyers, accountants, architects, and real estate developers face frequent malpractice or liability claims. Even with insurance, a significant claim could exceed policy limits. An APT provides an additional layer of protection.

2. Business Owners & Entrepreneurs

Those who personally guarantee loans or contracts, and owners of businesses prone to lawsuits, such as those in construction or hospitality, may benefit from protecting personal wealth from business liabilities.

3. Individuals with Significant Wealth

High-net-worth individuals face greater litigation risks and often aim to preserve wealth for future generations. An APT helps shield assets from potential creditors or divorces.

4. People in High-Risk Personal Situations

Those going through or anticipating a contentious divorce, or with potential heirs facing lawsuits or financial instability, can use an APT to safeguard assets for beneficiaries.

5. Estate Planning Purposes

Using an APT can help reduce estate taxes in certain cases and ensure that assets remain within the family, protected from lawsuits, creditors, or remarriages.

Who Usually Doesn’t Need One?

Those with modest assets, limited liability exposure, or an adequately covered estate plan may not find the cost and complexity of an APT worthwhile.

In conclusion, an Asset Protection Trust is particularly valuable for wealthy individuals or those in lawsuit-prone professions looking to safeguard assets against unforeseen risks. Carefully assessing your specific needs and legal situation with a qualified expert is essential.