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Serving The Treasure Valley For Over 20 Years!
Asset Protection Planning
Asset Protection Planning, what is it? It involves more than just shielding your assets from creditors. While this is a consideration, a more accurate statement of asset protection planning is the pre-lawsuit planning process that uses legitimate means focused on deterring lawsuits. Therefore, preserving your wealth (promoting settlement and efficient lawsuit resolution, should you get sued.)
Clients interested in asset protection are trying to make themselves and their resources unappealing and unattractive to future unknown plaintiffs.
Serving The Treasure Valley For Over 20 Years!
Asset Protection Planning
This type of planning can be especially important for physicians, lawyers, accountants, engineers, investors, developers, business owners, or other vocations, trades, and businesses exposed to an increased risk of being sued. An essential aspect of this planning is timing. The earlier, the better. It does no good if you begin this planning after being sued, or if you are in imminent danger of a lawsuit. Any movement of your assets or restructuring is at high risk of being invalidated as fraudulent transfer or conveyance under various State or Federal laws, including Federal Bankruptcy laws and Uniform Voidable Transactions Act (formerly the Uniform Fraudulent Transfers Act).
Another critical aspect of effective asset protection planning is the simpler, the better.
Conventional planning vehicles in this area include:
- Domestic Asset Protection Trusts (only a few states recognize these trusts).
- Foreign Asset Protection Trusts.
- Limited Liability Companies.
- Pre-marital and post-marital agreements.
- Family Limited Partnerships.
- Maximizing the use of available Federal and State law asset exemptions.
- Umbrella liability insurance.
Asset protection planning is complex. Every asset protection vehicle has its limitations and is subject to strict legal requirements and standards. Every person and their situation are different and unique. Dean Law has the experience and knowledge to provide strategic counsel to clients in this area and can create and implement asset protection plans that will assist you in protecting and preserving your business and resources against numerous unforeseen circumstances.