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Asset Protection Blog

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re-evaluated and the government decides whether the exemption should be stay the same, be decreased, be increased or repealed completely.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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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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The Presser Law Firm, P.A. - Asset Protection Attorney
Located at 6199 N. Federal Highway Boca Raton, FL 33487. View Map
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