Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 OCTOBER 2025

Delaware Law Provides Asset Protection Structure

Greenberg Glusker LLP
Greenberg Glusker LLP
Contributor
Greenberg Glusker LLP

Greenberg Glusker LLP

Overview Greenberg Glusker is a full-service law firm in Los Angeles, California with clients that...

View firm profile
Explore more from Greenberg Glusker LLP

A Magistrate's Report in the Delaware Court of Chancery recently held that a judgment creditor of an individual could not reach the assets the individual had contributed...

United StatesWealth Management
Schuyler M. Moore
Schuyler M. Moore
Author LinkedIn connections

A Magistrate's Report in the Delaware Court of Chancery recently held that a judgment creditor of an individual could not reach the assets the individual had contributed to an LLC that was intentionally formed for the purposes of asset protection. In the matter of the CES 2007 Trust, C.A. No. 2023-0925-SEM (May 2, 2025). The case was later dismissed by the trial court on the grounds that the judgment creditor did not have standing due to suing the wrong party, but the trial court stated that the Report "appears correct."

The case dealt with an LLC owned though a trust with an "independent" trustee that was formed in 2007, when ownership through a trust was the best alternative, but Delaware Code §18-703(d) was subsequently amended to provide equivalent protection for an LLC owned directly, even if it is wholly owned by one member, which eliminates the complexity of interposing a trust.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Dividing A Grandfathered Trust Without Tax Cost: Lessons From PLR 202641001

Families change. Dynasty trusts set up by one generation may stop fitting the family that inherits them. Over time, grandchildren and great-grandchildren can end up wanting very different things from the same pool of assets. In PLR 202641001, released October 9, 2026, the IRS approved a trustee’s plan to split a long-standing family trust into three equal trusts. It concluded that the division would not trigger generation-skipping transfer (GST), income, or gift tax consequences.
United StatesWealth Management
Farrell Fritz
Farrell Fritz
Article

Navigating Florida’s New Trust, Probate And Series LLC Statutes

Florida has enacted significant statutory changes affecting trust administration, probate procedures, and business entity formation. These reforms introduce streamlined nonjudicial processes for trustee discharge, expand access to simplified probate administration, and establish a new framework for protected series LLCs that offers enhanced asset protection and operational flexibility for estate planners and business owners.
United StatesWealth Management
Withers LLP
Withers LLP
Article

The Great Wealth Transfer: What An $84 Trillion Shift Between Generations Means For Your Estate Plan

As the Silent Generation and Baby Boomers prepare to transfer an estimated $84-90 trillion in wealth over the next two decades, families face critical decisions about estate planning, tax strategies, and asset protection. This comprehensive analysis explores how changing tax laws, evolving family structures, and complex asset portfolios require thoughtful planning to preserve wealth across generations while avoiding unnecessary taxes, legal disputes, and family conflicts.
United StatesWealth Management
Conn Kavanaugh Rosenthal Peisch & Ford LLP
Conn Kavanaugh Rosenthal Peisch & Ford LLP
Article

Using Offshore Trusts For Private Equity Investments And Wealth Preservation

High-net-worth individuals and private equity investors increasingly explore offshore trusts as sophisticated wealth planning tools that may provide enhanced asset protection, investment management flexibility, and multigenerational wealth preservation. Understanding the strategic benefits, tax implications, and compliance requirements of these complex structures is essential for entrepreneurs, executives, and families seeking to protect significant holdings while maintaining appropriate control and meeting
United StatesWealth Management
MGO CPA LLP
MGO CPA LLP
Article

The Creator Economy Meets Estate Planning: Protecting And Transferring Digital Businesses

As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue and family conflict.
United StatesWealth Management
Wiggin and Dana LLP
Wiggin and Dana LLP
Article

FDA Proposes To Modify Self-Certification Rules For "Safe" Food Ingredients

On August 10, 2026, the U.S. Department of Health and Human Services ("HHS") announced the Food and Drug Administration's ("FDA") proposed new rule to change the way food substances are regulated. Food substances include food ingredients (such as salt and citric acid) and substances added indirectly to food via packaging components like adhesives and resins.
United StatesFood, Drugs, Healthcare, Life Sciences
Greenberg Glusker LLP
Greenberg Glusker LLP