Just pulled this off of westlaw, some information regarding foreign trusts, I'm sure she could start an llc, sell it to the trust and get hidden money. Makes me think this probation issue definitely put a hink in plans that involved getting out of the country to some extent.. Once you read this, you will realize it is INCREDIBLY DIFFICULT TO SUE IN ANOTHER COUNTRY..
Foreign Trusts Advantages
Because of the numerous shortcomings of domestic trusts just discussed, more and more wealthy individuals (and their advisors) are looking offshore. There are now a small number of foreign countries that offer superior asset protection for the following reasons:
Their very foreignness -Location, currency, language, customs, court systems, etc., all must be learned and dealt with by the creditor.
Distance from U.S.
Must hire a local attorney -Most countries do not allow contingency fees. Further, most attorneys will be conflicted out and, therefore, unavailable to the creditor because of current work with one or more of the country's large trust companies.
Bond -In most cases, forfeitable bond must be posted to institute a lawsuit if the plaintiff loses.
Legal fees -The defendant's legal fees may have to be paid by a losing plaintiff.
No Rule Against Perpetuities -A true dynasty trust may be set up for unlimited future generations which also allows taking full advantage of the $1 million generation-skipping transfer tax exemption.
Grantor -The grantor may be a discretionary beneficiary and the trust will still be protected against creditor attack.
Global investment opportunities
are not limited to SEC-approved securities -Note, however, the assets need not be relocated to the foreign country. The grantor's local trusted advisor may safely continue to manage the assets unless and until a threat of a lawsuit is perceived.
Difficult to discover -It should be pointed out, however, that secrecy is not the important key to the soundness of this plan.
Difficult to attack -There is a higher burden of proof required to prove the transaction was fraudulent, e.g., beyond a reasonable doubt (the standard of evidence required in the Cook Islands) versus a preponderance of the evidence (the standard required in most states.) The transfer must have been fraudulent as to the particular creditor who is the plaintiff. Finally, if a transfer is found to be fraudulent as to a particular creditor, only such assets will be set aside as are necessary to satisfy that creditor's claim, forcing each creditor to litigate separately.
Judgments obtained in the U.S. are not recognized by the foreign entity, i.e., no comity -A new lawsuit must be begun on foreign soil, retrying the claim. Witnesses, exhibits and all other evidence must be transported to the foreign country at great expense to the creditor.
Short statutes of limitations -These may range from zero to two years from the date the property is titled in the name of the trust if the grantor was solvent at such time and if an obligation or liability existed on the date of transfer and the transferor had actual notice of it. After the period has run, no creditors may attack the trust on fraudulent transfer grounds.
A transfer to a trust that took place before a cause of action accrued is not deemed to be fraudulent and therefore cannot be attacked.