Foreign Property Risks: Asset Protection Attorney Explains
This video explains how U.S. courts treat foreign companies that own overseas real estate. It focuses on what this means for U.S. buyers with property in places like Dubai, Spain, and Italy.
The discussion uses Wells Fargo Bank, N.A. v. Barber, 85 F. Supp. 3d 1308 (M.D. Fla. 2015) as a case study. In that case, a Nevis LLC owned by a Florida resident was treated as intangible personal property located in Florida. That allowed creditors to reach the LLC interest under Florida law instead of Nevis law.
The same idea appears in other states. Jurisdictions like New York, California, and Texas let creditors obtain charging orders and, in some cases, foreclose or force a sale of LLC interests, especially in single‑member entities.
So, holding foreign real estate in your own name—or only through a foreign company—can leave it exposed to U.S. creditor claims.
The video stresses that planning must be legal and proactive. It does not endorse evading valid debts or making fraudulent transfers.
Next, the episode looks at better structures. It explains how U.S. Domestic Asset Protection Trusts in Alaska, Delaware, South Dakota, Nevada, and Wyoming can be used to own entities that hold foreign real estate.
It also covers offshore planning, including Cook Islands Trusts, for U.S. and international clients.
When these structures are set up early and with proper tax and reporting analysis, they can add separation between the person and the asset. They also help align foreign real estate with long‑term estate and wealth planning goals.
If you are buying or already own property abroad, the video encourages you to integrate that asset into a U.S. asset protection and estate plan, whether domestic or offshore.
To discuss your situation, you can contact Dilendorf Law Firm at info@dilendorf.com or 212.457.5757 for a confidential consultation.
Disclaimer: Attorney Advertising. This post and video are for general information only. They are not legal, tax, or investment advice and do not create an attorney–client relationship. Laws change, and results depend on specific facts and jurisdictions. Always consult your own legal and tax advisors before acting on any planning strategy.
