Domestic Asset Protection
The Alaska Asset Protection Trust.
The jurisdiction that created domestic asset protection, first in the nation in 1997, with a self-settled trust framework, long-term dynasty planning, and no state income, gift, or estate tax.
Why clients consider Alaska
- The original DAPT jurisdiction, first in the nation (1997)
- Self-settled spendthrift trust with an Alaska choice-of-law framework
- Rule against perpetuities repealed, long-term / dynasty trusts
- No state income tax, gift tax, or estate tax
- A mature, well-tested statutory framework
The jurisdiction that created domestic asset protection
Before 1997, asset-protection trusts meant going offshore. Alaska changed that by enacting the first law permitting a settlor to be a beneficiary of a spendthrift trust while shielding the assets from future creditors. Much of the domestic-asset-protection landscape that followed, Nevada, South Dakota, Wyoming, Ohio and others, built on the path Alaska cut. Its framework remains robust, with a choice-of-law structure, repeal of the rule against perpetuities for long-term planning, and a favorable tax posture.
When Alaska is the right fit
Alaska suits clients who want a well-established domestic asset-protection trust with a long track record and strong tax treatment. Whether Alaska, Nevada, South Dakota, Wyoming, or an offshore structure best fits your situation is the assessment we make with you, we are not tied to any single jurisdiction.
When it is time to form and maintain the entity or trust, our affiliated Tresp Corporate Services handles formation, registered-agent service, and corporate compliance in all 50 states, corporate paper and compliance only, never legal advice, while our attorneys handle the legal strategy and asset-protection compliance. We explain the why; they execute the how.
The right home for your structure depends on your assets, where you live and operate, your exposure, and your goals, and we have worked across the leading domestic and offshore jurisdictions since 1992. To find out whether this state fits your plan, or whether another serves you better, call (858) 755-6672.
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Common questions
Frequently asked
Was Alaska really the first asset-protection-trust state?
Yes. In 1997, Alaska became the first U.S. state to authorize self-settled asset-protection trusts, allowing a person to be a discretionary beneficiary of a spendthrift trust while protecting the assets from future creditors. That legislation launched the domestic-asset-protection-trust movement that Nevada, South Dakota, Wyoming, Ohio, and other states later joined.
What are the tax advantages of an Alaska trust?
Alaska imposes no state income tax, no gift tax, and no estate tax, and it repealed the rule against perpetuities to allow long-term and dynasty trusts. Combined with its self-settled asset-protection framework, that makes it a durable option, though the right jurisdiction always depends on your specific circumstances.
This overview is general information, not legal or tax advice, and does not create an attorney-client relationship?
This overview is general information, not legal or tax advice, and does not create an attorney-client relationship. State statutes change and their application depends on your specific facts; creditor-protection outcomes are never guaranteed. Consult a qualified attorney about your situation.
This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.
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