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Online Asset Protection Quiz.

It seems that the first step to defensive planning is to get your assets out of your own name. Correct?

We agree. Unless your assets are exempt, title them to a protective entity. As long as the entity itself is not a debtor, then a subsequent transfer by that entity will not be considered fraudulent under the UFTA. Accordingly, when creditor threat arises, you can then reinforce the entity or transfer the asset to a new entity, with less fraudulent transfer concerns because the UFTA only considers transfers the debtor makes as being fraudulent. Furthermore, restructuring an entity so that a creditor of the entity's owner cannot reach the entity's assets for its owner's debts usually does not involve a transfer, and is therefore not considered to be a fraudulent transfer in most states. Even if it is, as long as the entity is not a debtor, then a transfer from the non-debtor entity to another entity is usually not considered fraudulent under fraudulent transfer law.

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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
Phone: (561) 953-1050
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