Can a domestic asset protection trust be used to protect assets from creditors?

Yes, a domestic asset protection trust (DAPT) can be used to protect assets from creditors in Wisconsin. DAPT is a form of self-settled trust that allows individuals to transfer assets into the trust in order to shield them from creditors. While the assets are held in the trust, the trust maker (settlor) can still maintain control over them. In Wisconsin, DAPTs are governed by the Uniform Qualified Dispositions in Trust Act (UQDT). Under this Act, assets transferred to the trust are protected from creditors for a period of two years provided that certain conditions are met. Those conditions include, among others, the trust must be irrevocable and the settlor must not be able to access the assets directly. Additionally, the settlor can transfer assets into the trust as long as it is not done with the intent to defraud creditors, and the settlor must be a Wisconsin resident. While DAPTs can be an effective way to protect assets from creditors, it is important to understand the full implications of establishing a DAPT in Wisconsin. Consulting with a qualified attorney can help ensure that you meet the requirements for a valid DAPT in order to ensure your assets are properly protected.

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