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Asset Protection Blog

Who's responsible for the lawsuit explosion?

There’s no simple answer to this. But clearly too many people look at litigation as a way to easily obtain money and get rich quick. Too many lawyers in this country also feed the lawsuit ...
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Are most clients concerned about lawsuits as opposed to other financial threats?

About 90 percent of our clients are either involved in litigation or foresee the potential for future litigation. And they worry for good reason. About one in four adult Americans are sued each year ...
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How Can I Integrate Estate Planning with Business Succession Planning Objectives?

Making sure Estate Planning coordinates with Asset Protection is not the only important aspect of Integrating planning. Estate Planning should also synchronize with Business Succession Planning. One ...
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Aside from lawsuits, what are the most common predatory threats?

Divorces are rapidly escalating in numbers. Many of our clients come to us for assistance on this matter. Of course, the bad economy has created serious financial problems for many of our clients who ...
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Does Asset Protection largely depend on the nature of the financial threat?

Absolutely! Divorce, creditors, lawsuits and property foreclosures are all potential dangers to one’s wealth. Each type claim demands its own wealth protection strategy. As the financial ...
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What protective entity best protects valuable technology patents, trademarks and other intellectual property?

For many people – and particularly businesses – their patents, trademarks, copyrights, domain addresses, customer lists, formulas and other intellectual property are their most important ...
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Are 529 accounts for a child's college tuition safe from creditors?

The answer here depends largely on state law. But even when these accounts are fully protected, they are only safe if the transfer of funds to the account is a completed gift and the account is ...
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Using Revocable Living Trusts in Estate Planning

Estate Planning is the process of planning for the disposition of assets at an individual’s passing. Estate planning is important because the documents executed pursuant to an estate plan ...
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What about safe deposit boxes? Is there a better option than to rent one in your own name?

Creditors sometimes check the ownership and contents of safe deposit boxes. If your box contains anything worthwhile, don’t keep the safe deposit box in your own name. It’s best to rent it ...
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How can a large bank account be protectively titled?

Large bank accounts, in our view, should be titled to a limited partnership – and preferably in an account in another state. We protect more substantial accounts (usually over $500,000) in ...
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How can notes receivable or other monies due to me from third parties be shielded if I am sued?

One alternative is to sell your receivables to a factor that will purchase the receivables at a discounted price. You can also sell mortgages or other notes due to you, as well as judgments or other ...
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Who are the key parties in International Asset Protection?

International Asset Protection is the legal process of titling both your personal and business assets to put them beyond the reach of future potential threats and creditors using International Trusts, ...
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Has the new bankruptcy law extended protection for certain types of income?

Yes. The new bankruptcy laws now fully protects: 1) Social Security benefits, unemployment compensation and local public assistance payments; 2) veterans’ benefits; 3) disability, illness and ...
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What other forms of income aren't sheltered from garnishment and how can they be sheltered?

Welfare payments are usually exempt from creditor claims; but again, the state laws on this are not uniform. Some states partially protect welfare payments, others provide no protection. Public ...
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What wages can a creditor garnish and how can they be protected?

The portion of your paycheck a creditor can garnish is limited by both federal and state laws. As with any other state exemption, each state set its own wage protection limitations. Some states ...
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How should antiques and other collectibles be titled?

Most states partly protect household furniture from creditor claims. Again, you must check your state exemptions. The new Bankruptcy Act also protects furnishings to a modest value. Moreover, ordinary ...
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What does funding a revocable living trust require?

Setting up a revocable living trust pursuant to an estate plan is beneficial, however, the revocable living trust must be funded in order for assets to effectively bypass probate. Many people believe ...
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What suggestions do you have on protectively titling autos and other vehicles?

Automobiles, boats and other vehicles are typically not one’s most valuable assets, yet vehicles are assets that judgment creditors can quickly and easily seize. One alternative is to title ...
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How can you make life insurance become lawsuit-proof?

Life insurance usually enjoys state statutory protection. But again, its protection depends on state laws. Still, if you own a large life insurance policy you may title your insurance policy to an ...
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Let's discuss some other assets one can own and how we can protect these 'miscellaneous' assets.

There are many other assets that range from bank accounts and wage income to life insurance, jewelry, vehicles, intellectual property and even money due from others that you can lose in a lawsuit. ...
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What is the Role of the Trust Protector in the International Asset Protection Trust?

The International Asset Protection Trust is a great Asset Protection and Estate Planning strategy that high net-worth individuals can utilize in their planning. A Trust is an agreement between a ...
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What's the one most important thing a business can do to avoid liability?

Unquestionably a risk management and liability audit is essential. Companies get sued from employees, customers, suppliers, regulators and just about everyone else. That’s why we encourage our ...
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What about captive insurance companies for professionals and business owners? Can you expand upon them?

We speak to many groups of business owners and professionals about asset protection and tax-favored wealth planning, and we are often asked about international captive insurance companies. ...
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How can a business reduce large liability insurance premiums?

Liability insurance for any business or practice can be enormously expensive. But a few cost-cutting strategies can help you buy more insurance protection or pay smaller premiums: 1) Segregate the ...
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What are the formalities for executing an estate plan?

Estate planning is the process of planning for the disposition of an individual’s assets in order for those assets to be distributed to intended beneficiaries at death. The estate planning ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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