In recent years, a large number of Americans have established "asset protection trusts" in foreign countries. Although legal commentators disagree about the legitimacy of these offshore trusts, American courts have treated them with undisguised hostility. In this article, I argue that offshore asset protection trusts serve a legitimate purpose and, therefore, American courts should enforce them, at least when certain conditions are met.
Richard C. Ausness,
The Offshore Asset Protection Trust: A Prudent Financial Planning Device or the Last Refuge of a Scoundrel?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol45/iss2/2