Professional Services

Asset Planning Protection

Our Mission Is Threefold

  • Provide asset protection that "actually" works to protect our clients' hard-earned assets.
  • Provide asset protection at an affordable rate. Too often attorneys over charge for this valuable service.
  • Provide an asset protection plan that is simple and understandable (too often complexity is used to justify increased legal fees).

What is Asset Protection

Simply stated asset protection is the range of strategies, approaches, and techniques you can take to protect your assets, personal and business, from claims and liabilities.

The goal of asset protection is twofold. The client's assets must be protected, (wealth preservation) and the protection must be done in a way that is legal and effective. The client must not be exposed to charges of fraud or contempt.

Does Asset Protection Work And How Does it Work

Yes. I can say emphatically that proper risk management planning can protect clients' assets. However, the process of devising the right strategy and plan is complicated by the fact that there is no single body of law that governs asset protection. A good asset protection plan will call upon a diverse range of statutes and case precedents, legal reasoning, and business judgment.

Asset protection works by putting assets beyond the reach of creditors. The strategy or technique for doing this will vary depending upon the nature and amount of assets being protected and the types of claims that might arise against those assets.

Most importantly, asset protection planning must be done before you get into financial trouble. If you engage in asset protection after a significant claim arises or after you have become illiquid, you run the risk that any transfers you make or any actions you undertake will be deemed fraudulent.

Asset Protection Techniques and Strategies

One or more of the following approaches can be used. This list is not exhaustive and there are many other planning techniques and tactics that can be employed depending upon the particular facts and circumstances of the client.

  • Homestead Exemption. Some states (such as Florida) exempt from creditor's claims the primary residence for residents of the state.
  • Limited Liability Company and Limited Liability Partnership. These entities can be effective in sheltering assets within the entity and protecting a client's personal assets from liabilities that arise within the entity.
  • US Trusts. There are a myriad of trust arrangements that can be used to make if difficult for creditors to reach the assets.
  • Offshore Trusts. Offshore planning involves establishing legal entities (generally trusts) in favorable foreign jurisdictions under the control of foreign trustees. The purpose of offshore planning is to put the assets beyond the jurisdiction of US courts. If done properly, this can very effective strategy although recent court decisions have attempted to weaken this protection.
  • Annuities and Life Insurance. In some states cash value life insurance on the life of a debtor is exempt from creditors. Again there are several ways to structure a life insurance or annuity contract to protect a debtor's assets.
  • Qualified Retirement Plans. Contributions made to qualified retirement plans are beyond the reach of creditors. The key is to select and establish the plan that will shelter the most money and be the most appropriate retirement plan.

Services We Offer

Because effective asset planning takes account of tax and financial planning, many of our clients inquire and seek our services in this area.

After carefully evaluating our clients' needs we can devise a plan that incorporates any of the techniques noted above and more.

We will certainly try to fashion a plan that will be most effective for you.

CALL US TO SCHEDULE A CONSULTATION TO PROTECT YOUR ASSETS.

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