What is an Asset Protection Trust?

Book a Consultation

Last Updated: Aug 24, 2026

Read Time: 2 mins

If you like this video, go ahead and give us a thumbs up. And if you want to see more content like this, make sure to subscribe to our channel!

Today, I’m going to answer a simple question: What is an asset protection trust? You’ll hear it talked about in different ways, and perhaps the most popular context is protecting assets to become eligible for Medicaid. But that’s not what I’m talking about today. I’m talking about protecting your assets from lawsuits, creditor claims, divorcing spousal claims, negligence suits, malpractice suits, bankruptcy, and other types of legal risks.

Historically, a person couldn’t set up a trust for their own benefit and have those assets protected from these types of creditor claims. However, about 40 years ago, this started to change. Today, Nevada and South Dakota are recognized as having the best domestic asset protection trust laws in the country. South Dakota, in particular, stands out as the premier trust jurisdiction in the U.S., and for good reason. While I won’t dive into all those reasons in today’s video, just know that South Dakota is our preferred jurisdiction for setting up domestic asset protection trusts.

So, what’s the big deal with an asset protection trust? It allows you to set up a trust for your own benefit. You’re able to use and access those assets, and they’ll be protected from creditor claims. This is different from other types of trusts, like the revocable living trust, which people are more familiar with. A revocable living trust does not offer this kind of protection.

If you’re looking for asset protection benefits, you need an asset protection trust, and it needs to be set up in the best jurisdiction possible to fully take advantage of the protections available.

Remember, if you found this information helpful, give us a thumbs up and subscribe to our channel for more content like this. Thank you for watching!

The Stuart Green Law Approach

A Modern Approach to Family Wealth

Stuart Green Law combines modern South Dakota trust law with integrated estate planning, wealth management, and fiduciary services for families throughout the United States and internationally. The firm’s approach is built around selecting the strongest legal framework available, maintaining continuity of planning judgment, and bringing every part of the family’s wealth strategy into alignment with its long-term objectives.

South Dakota Law,
Wherever You Live

Families are not limited to the trust laws of their home state. Stuart Green Law integrates South Dakota’s sophisticated legal framework into estate plans for clients across the United States and around the world, allowing families to benefit from its privacy, flexibility, asset protection, and long-term trust advantages regardless of where they live.

Direct Advisory
Relationships

Stuart Green Law is intentionally structured as a boutique practice. Clients work directly with the attorney responsible for their planning, creating continuity of judgment and a deeper understanding of the family’s objectives as the plan evolves over time.

Planning That Works
as One System

Estate planning, tax strategy, wealth management, and fiduciary services are most effective when they operate together. Stuart Green Law integrates these disciplines into a cohesive framework that keeps the family’s wealth aligned with the grantor’s vision, goals, and long-term planning intent.

Client Testimonials

    
 
 
       Posted on Google  
   
   Angélique Pfab Green 
 
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
  
 
      Posted on Google  
   
   Maria Cardenas Anderson 
 
 
 
 Trustindex verifies that the original source of the review is Google. I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
  
 
      Posted on Google  
   
   katelyn rennie 
 
 
 
 Trustindex verifies that the original source of the review is Google. Stuart is outstanding! We have been so impressed with his knowledge.
  
 
      Posted on Google  
   
   Chris Stinson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
  
 
      Posted on Google  
   
   Alejandra 
 
 
 
 Trustindex verifies that the original source of the review is Google. My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
  
 
      Posted on Google  
   
   Joseph Marchetti 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great guy - honest businessman.  Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life.  Would heartily recommend Stuart to others!
  
 
      Posted on Google  
   
   Will Desrochers 
 
 
 
 Trustindex verifies that the original source of the review is Google. I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
  
 
      Posted on Google  
   
   Chuma 
 
 
 
 Trustindex verifies that the original source of the review is Google. I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege  to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
  
 
      Posted on Google  
   
   Nick Delsignore 
 
 
 
 Trustindex verifies that the original source of the review is Google. Incredible person to know and be associated with. Stuart provides excellent services, that is undeniable. However you will be hard pressed to find another attorney with a truer moral compass.

View All

Perspectives on Modern Estate Planning

Modern estate planning continues to evolve alongside trust law, tax strategy, wealth management, and family governance. Our articles explore the ideas shaping sophisticated estate planning, providing thoughtful analysis of the legal structures and planning philosophies that preserve wealth across generations.