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Asset Protection Blog

Maximize Your Homestead Exemption Protection

Protecting your home starts with your homestead protection. Five states completely homestead protect the family home; however, most states only partly creditor-shield the home. States with homestead ...
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Don't Let Fraudulent Transfers Undermine Your Plan

Books have been written about fraudulent transfers. Mention Asset Protection and you'll have questions about this important topic. It's not necessary to become an expert on fraudulent ...
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Why Hide Your Assets? Sell Your Protection Instead!

Never confuse secrecy or concealing assets with Asset Protection. Financial privacy can be helpful, but once you're sued you can no longer rely upon secrecy because a judgment creditor can compel ...
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Only Own Self-Protected Assets in Your Own Name

Back to basics: How can you protect your assets? The Asset Protection Attorneys of The Presser Law Firm, P.A. mostly use one of three strategies, or " pillars of protection." The first ...
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Forget the Myths and Fallacies, You Need Asset Protection

Do you think that you don't need Asset Protection? That you're too poor; that you have too few assets to protect; that you're too careful; that nobody would sue you? Nonsense! Let's ...
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What is Co-Ownership Planning and Does it Offer Asset Protection?

Co-ownership planning is the concurrent ownership of property by two or more people. The most common co-ownerships involve assets owned between spouses. When we refer to co-ownerships, we do not ...
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Disinheriting a Family Member in Your Estate Plan

Estate Planning often involves the process of ensuring an individual’s family is taken care of in the event of incapacity or death, as well as determining who will receive an inheritance. ...
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What Are the Ethics of Using Asset Protection to Prevent Creditors from Getting Paid?

While Asset Protection is 100% legal, the moral or ethical quandaries are another issue entirely. Some people believe it’s unethical or improper to shelter their assets from those who have a ...
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How Safe is International Asset Protection?

For the safest protection, you should keep a portion of your assets in an international jurisdiction. International family wealth planning has been popular for 2,000 years, originating with the Roman ...
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Using Debt-Shields to Reduce the Exposed Equity of Protectively-Titled Property

Once a property is protectively titled, its exposed equity can be reduced with debt-shields, as we suggest with the family home. You want to adopt the same equity reduction strategies you'd use ...
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Does a Revocable Living Trust offer Lawsuit Protection?

The Revocable Living Trust is very popular in America. A living trust helps you avoid the cost and delay of probate. You can also avoid the dangers from jointly owning assets. But here’s the ...
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You Need to Protect Your Assets Sooner Than You Think

The best time to protect yourself is before a creditor threat is foreseeable. While it’s not necessarily too late to protect yourself after you have been sued, you must think and act defensively ...
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Is there one specific entity or magic bullet for Asset Protection planning?

The belief that there could be a ‘one-size fits all’ Asset Protection plan is a common myth that needs to be destroyed. No such thing exists. That’s not to say some “Asset ...
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What is the statute of limitations for a creditor to recover fraudulently transferred assets?

A fraudulent transfer occurs when a debtor sells or gives away assets for less than fair value in an attempt to defraud a creditor. Given certain circumstances, courts can invalidate and revoke these ...
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At what age should I create my first will?

In the United States, any person over the age of 18 is entitled to create a Will. Legal age varies by state, and some even allow minors to create Wills at the ages of 14 or 16. Without a Will, state ...
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Are different plans necessary to protect against different financial dangers?

No one plan is equally effective against every claim. Asset Protection is much like football. The best defensive positioning in any given case is the one that can most effectively block a particular ...
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Is it too late to protect my assets if I have already been sued or have financial troubles?

It's not necessarily too late to protect your assets if you have already been sued or have financial troubles. An Asset Protection attorney will have limited tools to work with. Of course, as we ...
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How can the potential loss of assets to the IRS be avoided?

While staying tax compliant and cooperating with the IRS are obvious, there are other Asset Protection strategies to avoid the potential loss of assets to the IRS. We would give these important ...
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The Dangers of DIY Estate Planning

While it’s true that there are some really good companies with fill-in-the-blank templates online, more often than not a DIY Estate Plan can be riddled with error. Instructions for ...
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What are some precautions for debtors planning bankruptcy?

Involve an Asset Protection Attorney in your planning. The interplay between Asset Protection and bankruptcy law can be extremely complex, and the new bankruptcy laws raise many unanswered questions. ...
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How can I protect my non-exempt assets in a bankruptcy?

The safest strategy to protect non-exempt assets is to convert unprotected assets into exempt assets. But you must then wait forty months before you file bankruptcy. A well-drafted limited partnership ...
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Can bankruptcy stop foreclosure of my property or seizure of other assets by a judgment creditor?

Bankruptcy automatically stops creditor lawsuits, collections or repossessions. The automatic stay under bankruptcy further transfers pending or future collection and debtor-creditor cases from other ...
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What can happen if my Will is not created properly?

A Last Will and Testament is a document that states how your probate assets will be distributed at your death, who will act as the personal representative (executor) and who will be guardians of your ...
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What debts are not dischargeable in bankruptcy?

Bankruptcy won’t extinguish every debt. Debts usually not dischargeable in bankruptcy include: Federal taxes less than three years old and state and local taxes Child support and alimony Student ...
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Five timing factors to consider when filing bankruptcy

Bankruptcy timing is critical. Debtors frequently file too soon or too late. In either instance, they lose possible benefits from their bankruptcy. Some tips: 1) Collect your tax refunds before you ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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