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Asset Protection Blog

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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Is it True that Senior Citizens will receive a Greater Homestead Tax Exemption in 2017?

The Florida homestead exemption has three separate components; creditor protection, real property tax exemptions and limitation on devise and descent. As most people know, Florida allows for unlimited ...
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How should someone organize their expanding business?

Here, the best advice is to put your ‘eggs’ into separate baskets. It’s another vital protective strategy. If you use one corporation or LLC to operate one business, then use two ...
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How can corporate creditors be discouraged from trying to pierce the corporate veil to sue its officers or owners personally?

Corporate creditors oftentimes do personally sue business owners to collect on corporate debts. To do so, corporate creditors attempt to ‘pierce the corporate veil’ to recover from their ...
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For lawsuit protection should I privatize my ownership in the corporation?

Shareholders do often attempt to camouflage their ownership interest. Yet more diligent creditors can usually identify the corporate shareholders by examining the corporate books, tax returns, ...
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If I create a Revocable Living Trust, Will My Assets Pass Outside of Probate Automatically?

This is a great question! Many people don’t realize that setting up an estate plan with a revocable trust is not the final step to setting up a proper estate plan. Many individuals forget the ...
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Many people claim that there are advantages to incorporating in Nevada. Is that true?

We are frequently asked this question. Corporations are creations of state law and state laws differ. It can sometimes be advantageous to incorporate in a particular state. If your corporation ...
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Which entities are the best liability insulators for professionals?

Professionals also have organizational options. Most of our doctor, dentist, lawyer and accountant clients prefer professional corporations (PC) or professional associations (PA), which limits their ...
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Why is the limited liability company gaining popularity as a business entity?

A limited liability company combines the advantages of a corporation with those of a limited partnership, but there are several reasons why a limited liability company may be preferable to either of ...
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What effect did the holding in Obergefell v. Hodges have on same-sex marriage estate planning opportunities?

It was clear that the Supreme Court would soon get involved as numerous states created legislation requiring same-sex marriages to be recognized as legal rights. On June 26, 2015, in Obergefell v. ...
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Is there any difference between the S and C corporations for liability protection?

None whatsoever. They both provide the same limited liability to its stockholders. Many people think that because the S corporation is taxed as a proprietorship or partnership, it has the unlimited ...
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Which are the most popular entities for small business owners?

Before the advent of the LLC; the corporation was the only practical entity for the small business owner. The choice was then between the S corporation and the C corporation. Now the LLC is the third ...
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But what about the smaller enterprise - for example, the home-based business; does it also need to incorporate?

Positively. The fallacy is that the small business – usually a home-based service business – is too small to worry much about liability issues. What their owners don’t realize is ...
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What is the first defensive step to take when you go into business?

Choose the right form of business entity. You need an entity that will limit your personal exposure. Usually the corporation or limited liability company (LLC) will best protect your personal assets ...
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Did the Estate Planning Tax Exemption go up in 2016?

The answer to this question is actually both yes and no. As an overview, the Federal estate tax is a tax on your right to transfer property at your death. The fair market value of all assets in your ...
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What types of liabilities or claims do businesses normally encounter?

Every type claim you can imagine. They get sued for breach of contract, negligence, product liability, employment violations, anti-trust, SEC violations, unpaid bills, stockholder actions – you ...
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What portion of your clientele are small businesses?

About one-third, maybe more. We have judgment-proofed nearly every size and type business from $50 million manufacturers to tiny home-based businesses. Of course, with most of our cases involving the ...
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How important is defensive planning for the small or mid-sized business or professional practice?

While lawsuit proofing is necessary for every individual, it is no less important for small businesses and professional practices. They are more vulnerable to lawsuits and creditor problems than ...
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I imagine that integrated asset protection/estate planning can be quite complex - particularly for the high net worth individual?

We have only summarily discussed trusts that have been traditionally used for either asset protection or estate planning purposes. As with most fields, new strategies are constantly being developed ...
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