Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, December 15, 2022

New Business Law Book: The Fraudulent Transfer of Wealth: Unwound and Explained

New book alert! The Fraudulent Transfer of Wealth: Unwound and Explained by David J. Slenn is available to help planners successfully plan for their clients, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth. 

Renowned author David Slenn examines the intersection between fraudulent transfer law and its application to modern day wealth transfer planning transactions. Providing a thorough history of the applications of fraudulent wealth transfer law, the book examines fraudulent transfer law and wealth tranfer planning, issues for wealth transfer planners and creditors, the uniform acts, and more.

Modern fraudulent transfer law dates back to the Roman era, however, fraudulent transfer law in the U.S. closely reflects the law developed in England and the Statute of 13 Elizabeth. This unique guide tracks the historical development of this aqncient creditors' rights law, as well as addresses and warns against fraudulent wealth transfer.

Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim.

Today, the transfer of wealth can still be challenged successfully using centuries' old fraudulent conveyance law. This book includes an extensive listing of case law that provides ample opportunity for creditors to analyze new strategies by analogy to old tricks. This book will guide wealth transfer planners to plan for their clients successfully, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth.

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2022/12/new-business-law-book-the-fraudulent-transfer-of-wealth-unwound-and-explained.html

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