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Asset Protection Blog

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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How can someone secure his or her own investment in a business?

Money that you loan or invest in your business is money you can easily lose. Your objective here is to reduce or eliminate the risk of losing your own investment in your business and to simultaneously ...
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How can someone best protect accounts receivable?

Another valuable business asset can be its accounts receivable. This is true for physicians and other professionals and service providers who may have few tangible assets but considerable receivables. ...
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Can You Explain Advanced Estate Planning Strategies?

Basic estate planning is the foundation of a person’s personal planning. The basic estate plan includes incapacity planning documents (living will, durable power of attorney for health care and ...
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You explained how equity reduction mortgages can shield the family home and investment properties. Can this also work for a business?

For a creditor proof business, look for the silver lining in any mortgage that can shield your business’ assets from less friendly creditors. Creditors don’t want assets fully mortgaged to ...
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Can someone also protect their business's lease if a business fails?

The office location may be a business’s most important asset. That is the case for many businesses. So a good lease needs special protection. The strategy is not to have the operating business ...
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What if a business owns a building or other valuable assets? How can these assets be protected if the business fails or is sued?

That is another important point. The goal of the business owners should be to title as few valuable assets as possible to their operating company. Why needlessly lose valuable assets if their business ...
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Is it equally wise for liability protection to divide one entity into separate entities?

Of course. It can be smart to divide one corporation or LLC into separate entities. Your objective is to confine the more liability-prone activities to one corporation, and conduct your safer ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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