Domestic Asset Protection
The Ohio Legacy Trust.
Ohio's self-settled asset-protection trust, strong, well-drafted protection under the 2013 Legacy Trust Act, with an eighteen-month seasoning window and a qualified Ohio trustee.
Why clients consider Ohio
- The Ohio Legacy Trust (R.C. Chapter 5816), effective 2013, a self-settled spendthrift trust
- An eighteen-month seasoning window for post-transfer creditors
- Requires a qualified trustee, at least one an Ohio resident individual or Ohio-authorized trust company
- Clear-and-convincing burden placed on the creditor
- The settlor may be a beneficiary while assets stay protected
A well-built Midwest DAPT
The Ohio Legacy Trust Act gives Ohioans, and others willing to situs a trust in Ohio, access to self-settled asset protection without leaving the region. Like every domestic asset-protection trust, it must be irrevocable, name a qualified trustee, declare Ohio law as governing, and contain a spendthrift provision that reaches the settlor’s interest. Its eighteen-month window and demanding burden of proof reward, once again, planning done early, the protection is built for future claims, not present ones.
When Ohio is the right fit
Ohio frequently suits clients with an Ohio connection who prefer to keep their planning close to home, and anyone comparing a solid, moderately seasoned DAPT against Nevada’s or Wyoming’s features. We help you weigh the seasoning periods, exception-creditor rules, and trustee requirements to choose the best fit.
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
What is an Ohio Legacy Trust?
An Ohio Legacy Trust is Ohio's version of the domestic asset-protection trust, created by the Ohio Legacy Trust Act (R.C. Chapter 5816) in 2013. It is an irrevocable, self-settled spendthrift trust that can protect assets from most future creditors after an eighteen-month seasoning period. It requires a qualified trustee, at least one an Ohio resident individual or Ohio-authorized trust company, and places a clear-and-convincing burden on any creditor challenging a transfer.
How does Ohio compare to Nevada or Wyoming for asset protection?
All three offer self-settled asset-protection trusts, but the details differ, seasoning periods, exception-creditor rules, and trustee requirements vary. Nevada is known for a short window and no statutory exception creditors; Ohio's Legacy Trust uses an eighteen-month window. The best choice depends on where you live, what you're protecting, and your goals, which is the assessment we make with you.
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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