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Asset Protection Blog

How can a cohabitating couple avoid legal claims and property disputes?

This is a growing legal concern because many more couples now live together without marrying. Some want to test their relationship. Older folks may live together because marriage would disqualify them ...
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How can I protect my assets from a spouse who may dissipate or conceal marital assets before the divorce?

Spouses who are most often cheated out of marital assets in divorce are usually those spouses who know too little about the family finances. Divorcing spouses can be dishonest. Asset searches by ...
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How do divorce courts divide assets?

Divorce courts divide property either as equitable distributions or as community property. Courts in equitable distribution states have the discretion to divide whatever property is owned by both ...
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Estate Planning Considerations for Couples: Religious vs. Civil Marriages

The first consideration in Estate Planning for couples is marriage. In the following article, we’ll define what a “couple” is, as well as the two marriage options. What constitutes a ...
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If the family assets are titled to a spouse who is likely to incur liability, are these assets lost to that spouse in divorce?

A common, simple asset protection strategy is to title marital assets with the less-vulnerable spouse. This spouse then controls the assets and can sell, encumber or conceal the entrusted assets. ...
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Can assets be divorce-proofed by transferring them internationally?

Sometimes spouses planning divorce do shelter their assets in international asset protection trusts. Although they must disclose these trust assets to the divorce court, the court generally cannot ...
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Are post-nuptial agreements for spouses helpful?

Sometimes it’s a good idea for spouses to negotiate post-nuptial agreements. Though married couples can legally contract, they cannot bargain away the same rights that they could under a ...
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What do I do if I can't find my Original Revocable Living Trust Agreement but I still have the Copy?

That is a great question! Many people face this issue and don’t know what to do. It is extremely important to contact a knowledgeable Estate Planning Attorney if you happen to experience this ...
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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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The Presser Law Firm, P.A. - Asset Protection Attorney
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