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Asset Protection

Among the four primary causes of lost family wealth – poor tax planning, unchecked spending, bad investments, and lawsuits – the latter is typically the greatest concern to most business owners. The first three can generally be addressed through planning, but a lawsuit can come without warning and threaten a person’s wealth and a business’ existence.

There was a time when “He who had the gold, ruled.” Nowadays, “He who has the gold, pays!”

Asset protection planning is the method of preparing for the possibility of future lawsuits by rearranging the ownership of assets so that they are beyond the reach of potential third party creditors. It can act as a form of supplementary insurance in an overall strategy to protect you from the risks associated with your industry, businesses and professions, however, insurance policies have limits and exclusions.

What is your risk tolerance?

If you have enough assets to require a personal estate plan to avoid death taxes, then you are probably a good candidate for asset protection planning to protect those assets from lawsuits before death.

FAMILY ASSET PROTECTION

We use a variety of estate-planning tools to enable clients to control the distribution of accumulated assets to family members both before and after death. We deal with the complex network of laws governing taxes, gifts, estates and trusts and we use that knowledge to help clients fulfill their short and long-term goals. Available areas of representation include:

  • Simple and complex will creation
  • Establishment of revocable, irrevocable and charitable trusts
  • Structure of family limited partnerships
  • Estate and gift tax review
  • Estate and probate administration
  • Estate and trust litigation
  • Limited liability entities
  • Asset protection trusts
  • Off-shore trusts

INDIVIDUAL ASSET PROTECTION

We help individuals plan for the future and direct the outcome of circumstances that may arise. Through advice and the creation of financial planning and independent living option documents, our clients maintain control of their lives and assets and continue their independence throughout their senior years. Available areas of representation include:

  • Pre- and post-marital agreements
  • Property ownership, contract drafting and review
  • Retirement planning (pension, profit sharing, employee stock option, 401(k) and individual retirement accounts)
  • Living trusts, special needs trusts, and other disability planning
  • Medical powers of attorney, durable powers of attorney and medical directives
  • Guardianship alternatives

BUSINESS ASSET PROTECTION

We provide businesses of every size with legal advice and assistance in order to help them organize and grow successfully. We focus our representation of business clients on maximizing opportunity and minimizing personal and corporate exposure and risk. We have particular expertise in advising franchisees.