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Asset Protection Blog

Can a limited partnership or LLC effectively 'divorce-proof' my assets?

Family limited partnerships (FLPs), limited liability companies (LLCs) and corporations might be useful to help you control certain assets if you divorce. If you set up the entity and transfer your ...
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What is the best option to shield wealth if an intended spouse won't sign a pre-marriage agreement

Titling your assets to an international irrevocable trust before you marry is the best option. Irrevocable international trusts can be effective for divorce protection because you no longer own the ...
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What are the best ways to financially protect your assets against divorce?

Unquestionably, a fair, legally-binding pre-marriage agreement is your safest way to secure your assets. A pre-marriage agreement is a written contract between intended spouses which specifies how ...
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Why are S Corporations less preferred over C Corporations for Asset Protection purposes?

Before the advent of the Limited Liability Company (“LLC”), the corporation was the only practical entity for the business owner from an Asset Protection point of view. The choice was then ...
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How important is asset protection when planning marriage?

It’s critical, particularly if you marry with significant wealth and your assets greatly exceed your new spouse’s. And this frequently happens because more people are in their second or ...
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Isn't it true that an insurer may refuse coverage on a particular claim and if so, how often does this happen?

It happens all the time. People who believe that they are insured against a certain claim are always surprised when their insurance company points out their ominous fine print exclusion. For example, ...
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When can an employee rely upon an employer's liability coverage?

Contrary to assumption, your employer’s insurance also may not adequately protect you. For example, an employer’s insurer may not be obliged to defend or pay a judgment against the ...
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Doesn't liability insurance actually encourage lawsuits?

Absolutely. That’s the downside with insurance. Liability insurance is the major impetus behind many costly and frivolous lawsuits. When you are well-insured, you have deep pockets. This can ...
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How can the Limited Liability Company be used to Protect my Rental Real Estate Properties?

The Limited Liability Company (“LLC”) is an excellent business entity to use for protecting rental or investment real estate properties. However, using such entities in an Asset Protection ...
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What's your view about liability insurance for risk management?

Generally, we are all for it. But you need enough insurance. Too little coverage will still expose you to a judgment in excess of your coverage. And a good plaintiff’s lawyer can manipulate a ...
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How do plaintiffs collect on their judgments?

A judgment creditor seizes your assets by executing on their judgment. The specific processes vary by state, but typically, for real property, the creditor files a summary of judgment in the county ...
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What are your views on mediation and arbitration?

Litigation is expensive, cumbersome and time-consuming. That’s why alternate dispute resolution (ADR) mediation or arbitration is fast replacing the courtroom battle. A mediator opens ...
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Estate Tax and Gift Tax Exemptions for 2018 Finally Announced!

Each year, the estate tax and gift tax exemptions are re-evaluated and the government decides whether the exemption should be stay the same, be decreased, be increased or repealed completely. The ...
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Aren't there other litigation costs to contend with?

Certainly. If you lose a lawsuit, you’ll owe more than what the judge or jury awards the plaintiff. You’ll also owe interest on the award. Interest starts from the day the lawsuit is ...
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Do you have tips to hold down lawyers' bills?

Whether you win or lose a case, expect huge legal bills. America is one of a few countries where a successful defendant pays his own legal fees and costs. England, and most other countries whose legal ...
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What is the best defense to a lawsuit?

A strong offense is the best defense! More important than an inexpensive lawyer is the lawyer who can and will fight like a tiger. Your lawyer must counterpunch. Make it painful for the plaintiff to ...
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How Asset Protection and Estate Planning Interacts with Real Estate Holdings

Real Estate is one of the most common assets in investment portfolios. It is important to know how to protect such assets as well as plan for this disposition at your death. Accordingly, an ...
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Can a plaintiff ask a defendant about their assets before they win a judgment?

Not normally, and the reason is because the defendant’s financial affairs only relates to the collectability on a judgment and usually has nothing to do with the merits of a case. But there are ...
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In your view, what are the most common mistakes clients make when confronted with a lawsuit?

That’s a great question. We can offer a number of observations. First is the tendency to panic over a significant lawsuit. We well-understand our clients’ fears, nevertheless most lawsuits ...
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Is it too late to protect yourself after you are sued?

Not necessarily, but you’ll find it more difficult to do so and you’ll have fewer protective options once you are sued. Moreover, it may be too late in the sense that your assets may ...
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Can a plaintiff attack a defendant's property before the plaintiff wins a judgment - or even serves the lawsuit on the defendant?

Possibly. Depending on the specific case and the practices of the defendant’s state courts, a party suing may be able to attach your real estate, bank accounts or personal property before ...
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Disinheriting a Family Member in Estate Planning

Estate planning is the process of planning for the disposition of an individual’s assets at their death. Estate planning can also involve the process of making sure an individual’s family ...
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Does your firm defend lawsuits against your clients?

No. We focus on asset protection and integrated estate planning. We do not do trial work. However, we do, wherever necessary, coordinate our services with the client’s defense counsel and quite ...
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Can the legal fees in defending a lawsuit impoverish your clients?

It happens. That’s why we try to avoid litigation with early settlements. And, yes, we do have clients who come to our office after spending hundreds of thousands of dollars in legal fees. ...
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If a client is sued, do they always have to defend against the lawsuit?

We always advise our clients to defend the case unless the client is an obvious bankruptcy candidate because he or she has so many other creditors or lawsuits. But if you are victimized by only one ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
Located at 6199 N. Federal Highway Boca Raton, FL 33487. View Map
Phone: (561) 953-1050
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