Duncan E. Osborne - Austin, TX

Overview

Mr. Osborne is a partner of Osborne, Helman, Scott, Knisely & Stanton, LLP. His core practice is domestic and international estate planning with an emphasis on asset protection planning. A former adjunct professor of law at The University of Texas School of Law, Mr. Osborne devotes significant energy to lecturing and writing in his practice areas as well as helping clients with regard to all aspects of their estate planning. He is a frequent author and lecturer on estate planning topics and has made presentations and published articles both domestically and internationally on the subjects of offshore trusts and asset protection planning. One of the pioneers in the field of asset protection, Mr. Osborne conceived and was the original editor and a contributing author of the four-volume treatise, Asset Protection: Domestic and International Law and Tactics, published by West Group in 1995 (a loose leaf service updated quarterly). He was also the founding chair of the American Bar Association’s Asset Protection Committee. Mr. Osborne is retained by foreign governments and financial institutions to advise them on trust and tax issues. He has also been called upon to serve as an expert witness on both sides of the docket in cases involving asset protection planning.

Education

• University of Texas Law School (J.D., with honors, 1971) Order of the Coif; Associate Editor, Texas Law Review

• University of Texas (M.A., Latin American Studies, 1968)

• Stanford University (B.A., English, 1966)

Practice Areas

• Estate Planning & Asset Preservation

• International Trust & Estate Planning

• International Litigation

Professional Certifications

• Board Certified, Estate Planning & Probate Law – Texas Board of Legal Specialization

Professional Memberships and Honors

• Member, Dean's Board of Advisors, The University of Texas School of Law (2018)

• Fellow, The American College of Trust and Estate Counsel (Past President, Member, Board of Regents; Former Chair, International Estate Planning Committee; Former Chair, FATF Task Force)

• Estate Planning Hall of Fame (2013); National Association of Estate Planners and Councils

• Fellow, Texas Bar Foundation

• Academician, The International Academy of Estate and Trust Law (Member, Executive Committee, Vice President)

• Technical Editor, Steve Leimberg’s Asset Protection Newsletter (2006 – present)

• Named Best Lawyers® 2011 Trusts and Estates "Lawyer of the Year" in Austin

• Named Best Lawyers® 2014 Trusts and Estates Litigation "Lawyer of the Year" in Austin

• Recognized by Best Lawyers® for Trusts and Estates & Trusts and Estates Litigation (1989 – present)

• Listed, Texas Super Lawyer, sponsored by Thomson Reuters and published in Texas Monthly (2003 – present)

• Member, American Bar Association

• Member, State Bar of Texas

• Member, The College of the State Bar of Texas

• Member, The International Bar Association

• Member, Society of Trust and Estate Practitioners

• Member and Founding Chair, Asset Protection Planning Committee, American Bar Association (Section of Real Property, Probate and Trust Law)

• Member, Foreign Activities of U. S. Taxpayers Committee, American Bar Association (Section of Taxation)

• Member, Task Force on Gatekeeper Regulations, American Bar Association (2012-2013)

• Former Member, Advisory Board, Asset Protection Journal

• Director, Susan Vaughan Foundation, Houston, Texas

• Director, Still Water Foundation, Austin, Texas

• Director, Aurora Foundation, Austin, Texas

• Former Board Chair, St. Stephen’s Episcopal School, Austin, Texas

Publications and Presentations (Selected)

• Co-Author/Presenter, "Asset Protection Trusts Under Attack – Views from the Bench and Bar," 49th Annual Heckerling Institute on Estate Planning, Orlando, Florida (2015)

• Contributing Author/Co-Editor, Asset Protection: Domestic and International Law and Tactics (four volumes; updated quarterly) (West Group, 1995) Order Information

• Co-Author/Presenter, "Risky Business: Are you Unwittingly Helping Your Client Launder Money?" The American College of Real Estate Lawyers (2013)

• Co-Author/Presenter, "What Every Lawyer Needs to Know About the Fight Against Money Laundering and Terrorist Financing," Florida State Bar Webinar (2013)

• Author/Presenter, "The Financial Action Task Force and The Good Practices Guidance," Sophisticated Trusts and Estate Planning Institute, New York, New York; The American College of Trust and Estate Counsel Mid-Atlantic Regional Meeting, Verona, New York; The American College of Trust and Estate Counsel Fall Meeting, Washington, D.C. (2012)

• Author/Presenter, "The Financial Action Task Force and The Good Practices Guidance," New Mexico State Bar 2012 Bridge the Gap, Albuquerque, New Mexico; The American College of Trust and Estate Counsel Southeast Regional Meeting, Savannah, Georgia; The National College of Probate Judges, Jekyll Island, Georgia; Connecticut Bar Association Probate Section Meeting, New Haven Connecticut; The American College of Trust and Estate Counsel New England Regional Meeting, Mashantucket, Connecticut (2011)

• Author/Presenter,"The Financial Action Task Force and The Good Practices Guidance," The Society of Trust and Estate Practitioners, New York, New York (2010)

• Co-Author/Presenter, "The Financial Action Task Force and The Good Practices Guidance," The American College of Trust and Estate Counsel, Bonita Springs, Florida (2010)

• Author/Presenter, "The Financial Action Task Force and Its Impact on The Practice of Law," 33rdAnnual Advanced Estate Planning and Probate Course, Houston, Texas (2009); 44th Annual Heckerling Institute on Estate Planning, Orlando, Florida (2010)

• Co-Author/Presenter, "Current International Developments," 44th Annual Heckerling Institute on Estate Planning, Orlando, Florida (2010)

• Author/Presenter, "Money Laundering and Anti-Money Laundering Rules – United States," The International Academy of Trust and Estate Law, Cartagena, Columbia (2009)

• Author/Presenter, "What if FATF Rules Our Practice: A Brave New World for Private Wealth Attorneys," American Law Institute-American Bar Association Course of Study, Sophisticated Estate Planning Techniques, Boston, Massachusetts (2008); The International Academy of Trust and Estate Law, Cartagena, Columbia (2009)

• Co-Author/Presenter, "FATF and Patriot Act Requirements: What Should a Trust and Estates Lawyer Worry About?," The American College of Trust and Estate Planning Counsel (2008)

• Co-Author/Presenter, "Guardians at the Gate: Update on The Gatekeeper Initiative," American Bar Association Section of Real Property, Trust and Estate Law 19th Annual Symposia, Washington, DC (2008)

• Author/Presenter, "FATF: Due Diligence on Clients – The Financial Action Task Force Clashes with The Model Rules", 43rd Annual Southern Federal Tax Institute, Atlanta, Georgia (2008)

• Author/Presenter, "FATF: Due Diligence on Clients – The Financial Action Task Force Clashes with The Model Rules", 43rd Annual Southern Federal Tax Institute, Atlanta, Georgia (2008)

• Author, "International Estate Planning for Individuals with U.S. Ties," International Bar Association Young Lawyers Committee Newsletter (Sept. 2007)

• Co-Author, "Wealth Protection Planning Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," 30 Tax Mgmt, Est., Gift & Tr J., 269 (2005)

• Co-Author, "The Weese Litigation Solvency Defense Under the Cook Islands International Trusts Act," Steve Leimberg’s Asset Protection Planning Newsletter #37

• Co-Author, "Asset Protection Planning After the Bankruptcy Act," 68 Texas Bar Journal, 1006 (2005)

• Co-Author/Presenter, "Lazarus is Dead Again – Asset Protection and Pre-Bankruptcy Planning," State Bar of Texas 21st Annual Advanced Consumer Bankruptcy Course: Consumer Practice Under the Bankruptcy Reform Act (2005)

• Co-Author/Presenter, "Offshore Asset Protection Trusts," Asset Protection in Arizona, State Bar of Arizona (2005)

• Co-Author/Presenter, "Asset Protection Without Asset Protection Trusts," The American College of Trust and Estate Planning Counsel (2005)

• Co-Author, "Wealth Protection Planning Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," 30 Tax Mgmt, Est., Gift & Tr J., 269 (2005)

• Co-Author, "Potential Effects of Bankruptcy Abuse Prevention and Consumer Protection Act on Asset Protection Planning," Steve Leimberg’s Asset Protection Planning Newsletter #67 (May 17, 2005)

• Co-Author, "Esteem Settlement Case," Steve Leimberg’s Asset Protection Planning Newsletter #48

• Co-Author/Presenter, "Possibilities and Limitations of Asset Protection," American Law Institute-American Bar Association Course of Study, Estate Planning in Depth with Emphasis on Drafting and Administration of Trusts, Madison, Wisconsin (2004)

• Moderator, "Big Brother is Coming: Transparency & Reporting in the Post 9/11 Era," International Academy of Estate and Trust Law, Prague, Czech Republic (2004)

• Moderator, "Strategic Asset Protection Planning," State Bar of Texas 10th Annual Advanced Estate Planning Strategies Course, Santa Fe, New Mexico (2004)

• Co-Author/Presenter, "Asset Protection: Trust Planning," American Law Institute-American Bar Association Course of Study, Planning Techniques for Large Estates, New York, New York and San Francisco, California (2001 to date); Colorado Bar Association CLE Asset Protection (2003)

• Co-Author/Presenter, "Asset Protection Practical Planning," 23rd Annual Southern California Tax & Estate Planning Forum, San Diego, California (2003)

• Co-Author/Presenter, "Asset Protection: Practical Strategies," 48th Annual Estate Planning Seminar – Estate Planning Council of Seattle and Washington State Bar Association, Seattle, Washington (2003)

• Co-Author, "The Weese Litigation Solvency Defense Under the Cook Islands International Trusts Act," Steve Leimberg’s Asset Protection Planning Commentary #37

• Co-Author/Presenter, "Asset Protection Planning," New York Bar Association First Annual Trusts and Estate Law Institute, New York, New York (2003)

• Co-Author/Presenter, "The Influence of Spanish and Mexican Laws on the Property and Probate Laws of Texas," The International Academy of Estate and Trust Law, Santiago, Chile (2003)

• Co-Author, "Asset Protection: Offshore and Onshore," American Bar Association Fall Tax Section/RPPT Section Meeting, Chicago, Illinois (2003)

• Co-Author, "Converting an Asset Protection Trust into a Tax-Efficient Wealth Reserve," U.S. Taxation of International Operations (2003)

• Co-Author, "Asset Protection Planning: The Estate Planner’s Duty," Personal Financial Planning Monthly, Vol. 3, No. 3 (2003), p. 11

• Co-Author/Presenter, "The Case For Asset Protection Planning," The American College of Trust and Estate Planning Counsel (2003)

• Co-Author/Presenter, "Selection of Trust Situs," Tulane Tax Institute (2002)

• Co-Author/Presenter, "Asset Protection: Domestic Trust Planning," ALI-ABA Video Law Review Asset Protection Planning (2002)

• Co-Author/Presenter, "Advanced Practical Asset Protection Planning Here, There, or Everywhere? A Case Study," American Bar Association Offshore Asset Protection Trusts Spring Meeting (2002)

• Co-Author, "The Case for ‘Nest Egg’ Planning," Asset Protection Journal, Vol. 3, No. 4 (2002), p. 23

• Co-Author, "Domestic Venues for Asset Protection," The International Academy of Estate and Trust Law Meeting, Berlin (2000)

• Co-Author, "What ACTEC Fellows Should Know About Asset Protection," ACTEC Notes, (2000)

• Co-Author/Presenter, "Asset Protection and Jurisdiction Selection: Clearing Up Your Situs Headaches," 33rd Annual University of Miami Philip E. Heckerlig Institute on Estate Planning (1999)

• Co-Author/Presenter, "Asset Protection," Advanced ALI-ABA Course of Study for Counselors of Foreign and U.S. Client International Trust and Estate Planning (1999)

• Co-Author, "Asset Protection Trusts: Impact of Recent Case Law," Journal of Asset Protection (1999)

• Co-Author, "Stateside Asset Protection Trusts," Estate and Personal Finance Planning (1997)

• Co-Author, "Will the Alaska Trusts Work?" Journal of Asset Protection (1997)

• Co-Author/Presenter, "The New Foreign Trust Internal Revenue Code Provisions," Annual Notre Dame Tax and Estate Planning Institute (1997)

• Co-Author/Presenter, "Understanding and Coping with the New U.S. Foreign Trust Legislation," Transcontinental Trusts Conference 1997, London (1997)

• Co-Author/Presenter, Chair of Panel at the Asset Protection Trust Symposium, International Academy of Estate and Trust Law meeting, Hong Kong (1996)

• Co-Author, "The Preliminary Decisions in Offshore Trust Planning," Journal of Asset Protection (1996)

• Co-Author/Presenter, "Protection from Creditors’ Attacks in the Nineties," American Bar Association 7th Annual Spring CLE and Committee Meeting (1996)

• Co-Author/Presenter, "Freedom of Testation," International Academy of Estate and Trust Law, Edinburgh (1994)

• Co-Author/Presenter, "Strategic Uses of International Trusts," IBC, London (1993)

• Author/Presenter, "New Age Estate Planning: Offshore Trusts," 27th Annual University of Miami Phillip E. Heckerling Institute on Estate Planning (1993)