The False Sense of Security in Asset Protection for UHNW Families

Asset protection for UHNW families is evolving. Structures that once felt secure may no longer provide the coverage you assume. At Finley Davis, we work closely with each client and their legal professionals to help evaluate what is working, what may no longer apply, and what tools could be added to help strengthen your plan.

Our clients are often surprised by how much has changed in the legal environment. If your asset protection strategy has not been reviewed in years, now may be the right time to take a closer look.

The Gap Between Confidence and Coverage

Many families believe their assets are protected because they have completed foundational planning. However, courts are placing more emphasis on intent and control than on documentation alone.

This can lead to a false sense of security. Protection that looks strong on paper may not hold up in practice.

What Has Changed?

Several legal and regulatory shifts have made older strategies less reliable:

  • Courts are examining whether structures reflect true legal separation
  • Some state protections have weakened over time
  • New reporting rules have made some plans more visible and vulnerable
  • Many strategies have not been updated to reflect current risks

These changes make periodic review not only helpful but essential.

Moving Beyond the Basics

Most UHNW families have already established trusts, LLCs, or estate plans. But protecting significant wealth often requires deeper coordination and newer tools. Here are a few strategies worth considering:

1. Hybrid Domestic Asset Protection Trusts (DAPTs)

These trusts include features that may reduce risk of legal challenges by incorporating third-party elements. They are designed to provide flexibility and legal separation.

2. Offshore-Lite Jurisdictions

Some U.S. states now offer protections once only available offshore. These jurisdictions may provide privacy, legal strength, and alignment with U.S. law.

3. Jurisdictional Stacking

By combining entities across different states, families can create layers of protection. This approach may make it more complex for creditors or lawsuits to reach assets.

4. Integrated Oversight

The best protection plans involve collaboration across disciplines. When financial, legal, tax, and investment advisors are aligned, planning can become more cohesive and defensible.

What Families Often Miss

The most common issue is not inaction but reliance on a plan that is no longer current. What worked ten years ago may no longer reflect today’s legal standards or your family’s evolving needs.

Asset protection is not just about documents. It is about how structures are maintained, coordinated, and applied in real life.

Final Thought

Assuming your plan still works can be the biggest risk of all. Finley Davis provides a comprehensive, consultative process that helps UHNW families understand their current protection and identify areas where the strategy may need to evolve.

Every family is different. That is why we work to ensure your asset protection aligns with your values, your legal team, and your long-term goals.

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Investment Advisory Services offered through RiskBridge Advisors, LLC d/b/a Finley Davis Private Wealth (“RiskBridge”) (RB) or Lion Street Advisors, LLC (LSA),registered investment advisers with the SEC. Registration does not imply a certain level of skill or training. Securities offered through Lion Street Financial, LLC (LSF), member FINRA & SIPC, through Finley Davis Financial Group, Inc. (FDFG). RB and FDFG are not affiliated with LSA or LSF.

The opinions / strategies above are for general information only, are not intended to provide specific advice or recommendations for any individual and may not reflect those of Lion Street Financial LLC.

There is no guarantee that the investment objectives will be achieved.  Moreover, past performance is not a guarantee or indicator of future results.

Personnel of Risk Bridge Advisors, LLC (“RiskBridge”) prepared this material. The views expressed herein do not constitute research, investment advice, or trade recommendations. RiskBridge may, from time to time, participate or invest in transactions with issuers of securities that participate in the markets referred to herein, perform services for or solicit business from such issuers, and/or have a position or effect transactions in the securities or derivatives thereof.

This material is distributed for informational purposes only. All material presented is compiled from sources believed to be reliable, but accuracy cannot be guaranteed, and RiskBridge makes no representation as to its accuracy or completeness. Any opinions, recommendations, and assumptions included in this material are based upon current market conditions, reflect the judgment of RiskBridge as of the date indicated, and are subject to change without notice. You acknowledge and agree that RiskBridge is not obligated to provide any additional information or update such information in making the information available. Securities and/or indices highlighted or discussed in this communication are mentioned for illustrative purposes only and should not be construed as investment recommendations. All investments involve risk, including the loss of principal. Before implementing any strategy, consult with a qualified financial adviser and/or tax professional. This information is not intended to provide investment, tax, or legal advice, and this material is not to be relied upon in substitution for the exercise of independent judgment. This material is not to be reproduced, in whole or part, without the written consent of RiskBridge.

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