Publication Date
2000
Journal
Cornell Law Review
Abstract
The article examines the evolution and implications of asset protection trusts, highlighting how their use has expanded beyond high-net-worth individuals to professionals like physicians. It critiques the race among jurisdictions, particularly smaller states such as Alaska and Delaware, to create favorable trust laws, arguing that this competition may lead to inefficient and unfair legal frameworks. The analysis emphasizes the tension between creditor rights and debtor protections, suggesting that without federal intervention or multistate coordination, this race could undermine the balance between these interests, potentially harming the broader economy.
Volume
85
Issue
4
First Page
1035
Last Page
1117
Publisher
Cornell Law School
Disciplines
Estates and Trusts | Law | Law and Race
Recommended Citation
Stewart E. Sterk,
Asset Protection Trusts: Trust Law's Race to the Bottom?,
85
Cornell L. Rev.
1035
(2000).
https://larc.cardozo.yu.edu/faculty-articles/657