During the mid-1990s, trust and estate lawyer Jonathan Blattmachr had an innovative idea that would come to revolutionize the American trust industry. Blattmachr is a veteran of the wealth management field, cutting his teeth at the famous white shoe law firm Milbank, Tweed, Hadley & McCloy, wealth managers to the Rockefellers and other dynastically wealthy families.
Then based in New York, he knew about the success of offshore jurisdictions—places like the Cayman Islands and the Cook Islands allowed super-rich Americans to secretly stash their wealth overseas, hidden from creditors and the tax man. But many of his clients, he believed, would not “want to have their assets in a place they couldn’t find on a map.”
What if, Blattmachr thought, the offshore came onshore?
When Blattmachr proposed that New York allow onshore asset-protection trusts, “people thought I was absolutely out of my mind.” So he took his idea to Alaska instead.With traditional trusts, you have the grantor (a.k.a. the client) who creates the trust and puts it in the care of a third-party trustee for the benefit of his beneficiaries—usually the grantor’s spouse or children. When offshore banking centers were first emerging, a major attraction was that they allowed grantors to create what’s known as an “asset protection” or “self-settled spendthrift” trust and house it offshore. Such trusts can be established for a very specific beneficiary: the grantor himself. (Most grantors are male.) By claiming he no longer owns the assets—in a way, they belong to the trust—he is able to avoid wealth-transfer taxes such as the estate tax, and dodge creditors, too. The intention is to put the grantor’s assets in an “ownership limbo,” which obfuscates his legal responsibilities.
That’s what was going down offshore in the 1980s and 1990s. Blattmachr was riveted by the question: What if the United States hosted these trusts, too? You could have domestic asset protection trusts. He brought his idea to the trusts and estates law section of the New York State Bar Association, and was “unanimously shot down,” as Blattmachr told the trade publication Tax Notes in 2016. “People thought I was absolutely out of my mind.” See, some lawyers deemed the purpose of an asset protection trust—allowing people to insulate their money from creditors—a form of fraud.
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