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The Attorney Post - If you don't know your rights, you don't have any!

The Attorney Post - If you don't know your rights, you don't have any!

By: Justin West
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Welcome to the attorney post, your source for the inside scoop on current legal news. On this podcast we will interview leaders in various facets of the legal field, help you to understand the various ins and outs of what they do, and cover the basis of some of the most burning questions people have when looking into these facets of law.

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Episodes
  • Asset Protection Explained: Offshore Trusts, Taxes & Wealth Security with Howard Rosen
    Sep 5 2025

    https://protectyou.com/

    (305) 447-0061

    Howard Rosen has been a Certified Public Accountant since 1974, and his career has spanned decades of work in taxation and asset protection. Today, as the founder of ProtectYou.com, Rosen specializes in offshore trust structures designed to help clients shield their wealth from creditors and legal challenges.

    For more than 33 years, Rosen’s firm has guided doctors, entrepreneurs, and business owners through the intricacies of asset protection. While his early clients were largely physicians, today many are entrepreneurs who have sold their companies and now face the challenge of preserving significant liquid assets. His approach is rooted in a combination of tax expertise—sharpened by ten law school tax courses—and decades of practical success.

    One of the most powerful tools Rosen employs is the offshore trust. The Cook Islands, in particular, has become a leading jurisdiction for such structures since introducing its International Trust Act in 1984. With no treaties requiring recognition of U.S. court judgments, the Cook Islands provides a strong layer of security for assets. Rosen, who has visited the islands more than 20 times, emphasizes that no properly structured offshore trust has ever been penetrated by a creditor.

    Still, Rosen stresses that these arrangements are not without risk—especially when misunderstood. Many clients mistakenly believe they can continue to control their assets within the trust, not realizing that beneficiaries are subject to the discretion of trustees. Tax misconceptions also abound, as clients may not understand when gift taxes apply or how distributions are treated under federal law. Inexperienced practitioners who rely on generic trust forms can compound these risks, creating serious tax issues for clients.

    Another challenge lies in client behavior. Some individuals fail to follow professional advice, exposing themselves to unnecessary risks despite having invested in an offshore trust. Rosen’s success rate—he claims 100% asset protection since founding his firm in 1991—depends on careful planning and clients adhering to the rules.

    Looking back, Rosen offers candid advice to younger attorneys: prioritize learning before speaking. The complexities of asset protection demand humility, patience, and a strong foundation in tax law. At the same time, he acknowledges that today’s due diligence requirements are more stringent than ever, making the practice both demanding and rewarding.

    Ultimately, Rosen views asset protection as a vital part of financial planning. It is not about evasion but about creating stability, preserving wealth, and ensuring that what clients have built remains safe for future generations. Offshore trusts, when carefully crafted, remain one of the strongest tools to achieve that goal.

    Sponsors:

    • RankWith.News
    • The Attorney Post
    • National ERC
    • Andropology


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    50 mins
  • DST Sherpa: DSTs and 1031 Exchanges Explained: Ross Rubin & Peter May on Real Estate Tax Strategies, Exit Plans & Passive Income Tools
    Aug 28 2025

    https://www.dstsherpa.com/

    In the new episode of The Attorney Post, Ross Rubin and Peter May explore the growing role of Delaware Statutory Trusts (DSTs) and 1031 exchanges in modern wealth management. With Rubin’s background in DST sponsorship and May’s roots in law and financial planning, the episode offers a comprehensive look at how investors can leverage real estate for long-term financial gain.

    DSTs, which allow accredited investors to defer capital gains taxes by investing proceeds from property sales into fractional ownership of institutional-quality real estate, are projected to surpass $7 billion in transaction volume. However, Rubin cautions that investors must relinquish direct control and trust the DST sponsor for effective asset management.

    May introduces a four-quadrant planning model—focusing on taxes, cash flow, investment position, and estate preservation—as a foundational strategy for clients. He also shares real-life examples of clients who benefited from using passive activity carryforwards to reduce tax burdens on appreciated properties.

    A recurring theme is the 45-day identification window for 1031 exchanges. Investors facing tight timelines often find DSTs helpful due to their pre-approved structure. Still, May notes that environmental concerns, like those in Florida, and high state taxes, such as in California, influence client decisions on DST location.

    The episode also compares DSTs to REITs. DSTs offer targeted exposure—typically in multifamily, industrial, or medical office assets—but are illiquid and usually held for 4–7 years. Some may be converted into 721 UPREITs, permanently changing their tax deferral eligibility.

    May and Rubin warn against common DST misconceptions, such as the belief that proceeds must be invested into one DST. Instead, investors can allocate funds across multiple trusts for better diversification. The minimum investment, typically $100,000, makes this flexibility achievable for many sellers.

    Both guests stress due diligence and understanding sponsor health, especially since DSTs cannot raise capital post-offering. Their conversation serves as a timely reminder that proper guidance, compliance, and planning are essential when considering DSTs.

    For anyone looking to optimize real estate investments and defer capital gains taxes, this episode delivers a wealth of knowledge from two trusted voices in the field. Visit https://www.dstsherpa.com/ to learn more about how Rubin and May are helping investors make smarter, tax-efficient decisions.

    Sponsors:

    • RankWith.News
    • The Attorney Post
    • National ERC
    • Andropology


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    1 hr and 14 mins
  • How Lawyers Can Thrive in Global, AI-Driven Economy – Jonathan Bench Breaks Down Global Business Law
    Aug 7 2025

    https://www.kirtonmcconkie.com/

    801-328-3600

    In a recent episode of The Attorney Post, Jonathan Bench, an international business attorney, shares his perspective on the legal industry, his personal career path, and the evolving role of lawyers in a tech-driven world.

    Bench didn’t follow a typical legal career. Early on, he felt out of place in law school and even questioned if he should’ve gone into marketing instead. But with support from family and a background in Chinese language and international experience, he found his way. His pursuit of an MBA while in law school became a turning point, expanding his understanding of how legal and business principles intersect.

    Today, Bench works on complex international mergers and acquisitions. One deal he discussed on the podcast involves parties from Asia and the Middle East with over 80 pages of contract language—demonstrating just how intricate global business law can get.

    Bench is especially client-focused. He’s not afraid to say “no” if he knows another firm or expert would serve a client better. This approach has earned him long-term trust and repeat business. He also shared regrets from early in his career—primarily, not seeking help soon enough. That humility now shapes how he mentors others.

    The conversation moved into emerging industries, including cannabis law and blockchain. Bench shared the reality of working in cannabis, from landlord disputes to navigating evolving regulations. He also delved into his entry into the crypto space, having spent half a year learning before representing clients in that industry.

    He warned that AI is moving fast and could soon dominate online content creation. But he also emphasized the growing divide between countries with access to tech and those without. Ignoring these shifts, Bench says, would be a mistake.

    From workplace culture to geopolitical trends, Jonathan Bench offers a legal voice rooted in realism, respect, and forward-thinking.

    Sponsors:

    • RankWith.News
    • The Attorney Post
    • National ERC
    • Andropology
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    1 hr and 20 mins
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