Married Couple Living in Two States

Jon Alper Florida Asset Protection Planning

Interesting legal problem today involving a husband who was moving to Florida to find new work and a new house. His wife wanted to remain in another state with their child until the child finished high school. The couple had retained separate lawyers in contemplation of a divorce

Who Is A Creditor?

Jon Alper Fraudulent Transfers

There is a common misconception that a party has to either have filed a lawsuit against you or has a judgment against you to be considered your creditor for purposes of fraudulent conveyance law. Transfers or conversions of assets to evade creditors can be reversed or the transferee sued for the value of the conveyance.

Nevis LLC Recommended in Forbes Article

Jon Alper Offshore Planning

Mr. Charles Clemons, who operates the asset protection website “” pointed out to me last week that an article touting the benefits of Nevis LLCs for asset protection appeared in a 2002 article in the online version of Forbes Buried treasure. Note that the article points out that Nevis LLCs, and offshore planning in general, does not involve hiding …

Credit Card Tax Evasion Attacked

Jon Alper Offshore Planning

A common illegal tax evasion scheme is when U.S. taxpayers divert money earned to offshore bank accounts titled in the name of offshore corporations . The taxpayer does not pay tax on the money on the theory that he did not receive the money, but then the same taxpayer uses the money for personal expenses by charging expenses on credit …

Protection of Federal Targets

Jon Alper Offshore Planning

I had a call from a prospective client who says his company is under investigation by the Security and Exchange Commission, and he wants to move money to an offshore trust. He asked whether this would protect his money from the SEC investigation.

Is a Homestead Under Construction Protected From Creditors?

Jon Alper Homestead Exemption

Planning to build a home? Many people have asked me whether or not money used to buy a lot where they intend to build a residence is protected. Or, is money paid in advance to a contractor to build a homestead protected under Florida’s homestead provisions exempting homestead property from creditors. The short answer is “no.