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Asset Protection Blog

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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Why is Funding a Revocable Living Trust so Important?

You can think of a Revocable Living Trust as a shell or empty basket that must have assets placed into it so that such assets are subject to the terms of the Trust. The first step to creating a ...
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Are professionals, such as doctors, the prime lawsuit targets?

That’s no longer true. Our client base includes people from virtually every occupation. Real estate owners, small business owners, employers, corporate officers and directors, financial and ...
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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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The Presser Law Firm, P.A. - Asset Protection Attorney
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