FAQs
It’s estimated that 50,000 lawsuits are filed every day. Asset protection is a legal structure, arrangement to shield your assets from claims of creditors. Asset protection is beyond the scope of living trust, trust avoid probate does not provide protection. It’s simply protecting your assets from financial predators legally.
It varies, and it is certainly not as expensive as losing all your assets to a creditor. It is always cheaper to plan ahead of time. Costs and fees will also vary depending on who you retain, how aggressively the plaintiff will pursue your assets, to what extent you want to go to protect your assets. Do not shop for asset protection based on price, shop based on competence.
Asset protection is based on the basic principle that virtually any and every asset that you own can be seized by a creditor. Any asset that you do not own cannot be seized from you. Consequently, asset protection aims to remove you from the legal title to your assets, but allows you to continue controlling your assets and enjoying the economic benefits of your assets. The ability to achieve privacy.
Assets protection is like buying insurance policy on your home, car you buy the coverage just in the event something bad happens. You can not protect assets after you get sued or after something "bad" happens to you. You plan ahead a well structured asset protection plan should be extremely effective.
It is never too late to plan, but there are exceptions. While one needs to be mindful of the fraudulent transfer laws, one also needs to consider the practical implications of planning. Often, even if a lawsuit has been filed against you, it is not too late to plan. Your legal counsel will make that determination on a case by case basis. Generally, even if you are planning after the fact, you can achieve very favorable results and protect your assets.
No. Complexity does not necessarily equal more protection. Sometimes something as simple and inexpensive as a limited liability company, Family Limited partnership or certain type of trust may be sufficient to provide you with the assets protection you need.