The DAPT Strategy: Building a “Bulletproof” Legal Vault

Tax Tips / Asset Protection

The DAPT Strategy: Building a “Bulletproof” Legal Vault

By Team BMT Jan 05, 2026

💡 Executive Summary

  • Problem: Standard Revocable Trusts offer ZERO protection from lawsuits, creditors, or divorce.
  • Solution: A Domestic Asset Protection Trust (DAPT) in a friendly state (e.g., NV, SD) legally disconnects you from your assets.
  • Result: Even if you are sued and lose, the assets inside the DAPT are unreachable (“Spendthrift” protection for yourself).
⚠️ FRAUDULENT CONVEYANCE
Timing is everything. You cannot set up a DAPT after you get sued or know a lawsuit is coming. Courts will pierce the trust immediately. You must build the fortress when the skies are clear.

For business owners and physicians (Tier L2+), wealth is a target. The DAPT changes the legal landscape: it forces creditors to settle for pennies on the dollar because the alternative (piercing a Nevada/South Dakota trust) is nearly impossible.

🧐 Core Definition: “Self-Settled Spendthrift”
Historically, you couldn’t set up a trust for your own benefit and shield it from creditors. DAPT states (like NV, SD, DE, AK) changed the law to allow exactly this. You can be the Beneficiary AND protected.

Performance Simulation

Lawsuit Scenario ($10M Judgment)
Personal Name / Revocable Trust Assets Seized
Bankruptcy
Nevada DAPT Structure Assets Protected
Settlement Leverage

Top Tier States (The “Big 4”)

State Lookback Period Exception Creditors
Nevada (NV) 2 Years (Shortest) Virtually None
South Dakota (SD) 2 Years Child Support/Alimony
Delaware (DE) 4 Years Child Support/Alimony
“Asset protection is not about hiding money; it is about making it legally unreachable. If a creditor cannot seize it, they must negotiate with you.”
BMT designs for tax reality, not theory.