Nine big mistakes in Asset Protection Planning

1. Failing to understand the purpose of Asset Protection: Remember, Asset protection does not make you “judgment proof.᾿

2. Waiting until the last minute to begin planning: It’s more effective and least expensive to plan on protecting your assets before you have legal problems.

3. Believing that it is too late to protect you assets: It is never too late to improve protection. Anything is better than doing nothing.

4. Having the belief that creditors are either stupid, lazy or both: Never underestimate your adversaries’ skill and intelligence. Always keep in mind that your creditors and their attorneys are not stupid.

5. Failing to comprehend your business’ vulnerability: Remember that the shares of common stock you own in your professional practice are vulnerable to creditor attack.

6. Not understanding what is meant by fraudulent transfers and conveyances: Whatever you may have read or heard, you cannot protect your assets simply by giving them to family members.

7. Misunderstanding what is meant by salary exemption: These are traps for single business owners.

8. Confusing estate planning with asset protection: Asset protection is part of estate planning, but a living trust or will does absolutely nothing to protect your assets from creditors.

9. Relinquishing control over your assets: Some believe (or have read or been told) that the easiest asset protection plan is just giving someone else control over your wealth. This is false; it is not a good solution to do so.

If you would like more information regarding asset protection, trusts, family limited partnerships or the subject of this article please call or email our office.


 

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