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Estate & Asset Protection
Self-settled spendthrift · 17 states

Protect assets in a DAPT. Self-settled spendthrift trust.

A Domestic Asset Protection Trust (DAPT) is a self-settled spendthrift trust: the settlor (you) can be a discretionary beneficiary, but the trust assets are protected from your future creditors. Only 17 states allow DAPTs: Nevada, South Dakota, Delaware, Alaska, Wyoming are most common. Strong-statute states give 2-4 years of statute-of-limitations on fraudulent transfer claims. Used by professionals, real estate investors, and business owners concerned about future liability.

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How it works

How we handle DAPT, end-to-end.

A Domestic Asset Protection Trust (DAPT) is a self-settled spendthrift trust: the settlor (you) can be a discretionary beneficiary, but the trust assets are protected from your future creditors.

1

Situs selection

We compare DAPT states: Nevada (strongest statute, no income tax), South Dakota (no income tax, sophisticated trust industry), Delaware (sophisticated, well-known), Alaska (oldest DAPT statute, strongest case law), Wyoming (less expensive, growing reputation).

2

Trustee selection

DAPT requires a trustee in the chosen state. We refer to vetted institutional trustees (Premier Trust, South Dakota Trust Company, Alliance Trust). Annual fees: $3,000-$15,000.

3

Trust drafting

Self-settled spendthrift trust agreement drafted by experienced trust attorney (we coordinate). Includes settlor's powers, beneficiary list, trustee authority, distribution standards.

4

Asset transfer

Transfer assets to the trust: cash, marketable securities, LLC interests, life insurance. Transfer is the trigger for the statute of limitations clock. We coordinate the transfer.

What we'll set up for you

A clean handoff, in four steps.

You give us the basics. We handle the state, the IRS, and the compliance clock so you can focus on the business.

01 · Name + Brand

A name that's actually available.

Real-time check against the state register, USPTO trademark database, and matching domains.

02 · State filing

Filed with the Secretary of State.

We submit your Articles, pay the state fee on your behalf, and return the stamped certificate.

03 · Federal IDs

EIN + the right tax setup.

Federal Employer ID with the IRS, plus state tax accounts when your business needs them.

04 · Stay compliant

Registered Agent + deadline tracking.

Your agent on file in every state, with every renewal and annual report tracked in one calendar.

Pricing

Transparent dapt pricing.

Government fees pass through at cost. No upsells.

Standard DAPT

$9999
Single-state DAPT formation.

Situs selection, trustee referral, trust drafting (via partner trust attorney), asset transfer coordination. Trustee annual fees separate ($3,000-$15,000).

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DAPT + LLC bundle

$12999
DAPT + holding LLC.

DAPT plus formation of a holding LLC owned by the trust. Common structure: trust owns LLC, LLC owns operating assets. Adds another layer of liability separation.

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Premium asset protection plan

$29999
Multi-vehicle strategy.

DAPT plus LLC plus umbrella insurance coordination plus estate-planning integration (revocable living trust, will, powers of attorney). Complete asset protection plan.

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FAQ

About the Domestic Asset Protection Trust Service.

What is a domestic asset protection trust?
A domestic asset protection trust (DAPT) is an irrevocable trust, allowed in certain states, that can shield assets you place in it from many future creditors while letting you remain a permissible beneficiary. It is an advanced planning tool for higher-net-worth or higher-risk individuals. We coordinate the entity side and work with your attorney on the trust.
How does a DAPT protect assets?
By placing assets into an irrevocable trust in a state with DAPT laws, the assets can be put beyond the reach of many future creditors after a statutory waiting period, while you may still benefit from the trust under its terms. We flag how it fits a broader plan and coordinate with counsel who draft it.
Which states allow DAPTs?
A number of states have enacted DAPT statutes, with some, like South Dakota, widely regarded as having strong, well-developed trust laws, which is why planners often use them. We flag the state considerations so your trust is established where its protections are most strong.
Who should consider a DAPT?
Typically higher-net-worth individuals or those in higher-liability professions who want protection beyond entities and insurance, since a DAPT is more complex and costly than basic structuring. We flag whether your situation warrants one so you are not over-engineering protection you do not need.
When must a DAPT be set up?
Well before any claim exists, because transfers into a trust to defeat known or foreseeable creditors can be unwound as fraudulent, and most DAPT protections require a waiting period to mature. We flag the timing so the trust is funded as legitimate advance planning, not a reaction to a threat.
Is a DAPT the same as an offshore trust?
No: a DAPT is domestic, established under a US state's law, while an offshore trust uses a foreign jurisdiction, and the two differ in cost, complexity, and how courts treat them. We flag the trade-offs so you consider the structure that fits your goals and comfort with complexity.
Can I be a beneficiary of my own DAPT?
Yes, that is a defining feature: DAPT statutes let you remain a permissible beneficiary while still gaining creditor protection, which distinguishes them from ordinary irrevocable trusts, though the terms and control must be structured carefully. We flag these points and coordinate with the attorney drafting the trust.
Does a DAPT hold my business or real estate?
Often a DAPT holds interests in entities, like an LLC owning a business or real estate, rather than the assets directly, layering the trust over the entity structure. We form and organize the underlying entities so the trust your attorney drafts has a clean foundation to sit on.
Can File.Business help me set up a DAPT?
We form and organize the entities that a DAPT holds and coordinate with the trust attorney and trust company who establish and administer the trust itself, so the structure is built correctly end to end, with the entity foundation handled and the trust drafted by qualified counsel.

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Transparent pricing
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