Asset protection
Asset protection & property planning
The strategy you are describing is commonly an irrevocable asset protection trust, often a Domestic Asset Protection Trust (DAPT), usually combined with entity structuring, homestead planning, and titling decisions. It works prospectively: it is designed to make assets unavailable to future judgment creditors, not to escape debts that already exist.
General legal information only, not legal advice. This guide reflects Maryland practice; other states and countries require counsel admitted in that jurisdiction. No attorney-client relationship is created by reading this guide.
Common situations
What this work usually involves
- Professionals, business owners, and property holders with exposure to future claims
- Families protecting a primary residence or long-held property
- Real estate held across states or in entities
- Inheritance and generational transfer planning
- Review of existing structures for gaps and unintended exposure
Step by step
A practical sequence
- 1
Map the exposure before choosing a structure
Identify what you own, where it sits, how it is titled, and which activities create risk. The right structure depends on the asset and the threat, not on a template.
- 2
Understand what a DAPT can and cannot do
A properly funded irrevocable trust in a DAPT state can place assets beyond the reach of many future judgment creditors. It cannot defeat existing liens, federal tax obligations, criminal forfeiture, support obligations, or claims brought within fraudulent-transfer and bankruptcy lookback rules.
- 3
Fund and administer it correctly
An unfunded trust protects nothing, and careless administration can allow a court to disregard it. Transfers, accounting, and trustee duties must be documented and followed.
- 4
Coordinate property titling and exemptions
Homestead protections, tenancy by the entirety, entity ownership, and deeds each behave differently by state. Titling should match the plan rather than conflict with it.
- 5
Review on a schedule
New claims, new states, refinancing, and changes in family circumstances can undo the benefit of a structure. Revisit it before problems appear.
Preparation
What to gather
- Deeds, titles, and mortgage statements
- Existing trusts, wills, and entity documents
- A list of assets, liabilities, and insurance coverage
- Any pending dispute, judgment, or tax obligation
Do not send documents or sensitive details until the team confirms a secure process.
Selective intake
Tell us what you are facing.
Send a short, non-sensitive note about the general topic. The team reviews every inquiry for fit, jurisdiction, and conflicts.
Do not include confidential facts, documents, or sensitive personal information. Sending an inquiry does not create an attorney-client relationship or mean a matter has been accepted.