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Recent Posts in Asset Protection Category

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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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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 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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What are the different types of bankruptcy?

There are several forms of bankruptcy. Each is designed for individuals and businesses in different financial situations. Chapter 7 Chapter 7 Bankruptcy, also known as straight or liquidating ...
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If I am sued, wouldn't it make sense to simply file bankruptcy rather than defend against the claim?

Bankruptcy may be your best option if you are convinced you can’t win and can’t settle, or if you have few assets to lose in bankruptcy. The mere threat of bankruptcy may be enough to ...
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When should you consider bankruptcy?

Any debtor with serious financial problems should consider bankruptcy. However, bankruptcy isn’t always the right answer. Bankruptcy is the answer only when you have too many debts to pay from ...
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The role of bankruptcy in Asset Protection planning

Bankruptcy is increasingly necessary for the financially-troubled individual and company. More than two million individuals and companies file bankruptcy annually; not a surprising statistic once you ...
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What does it mean to 'die intestate'?

When a person passes without a will, they are said to die intestate. In these instances, their probate assets will be distributed to their heirs in accordance with the state’s intestacy laws. ...
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Five ways to lower huge legal fees when divorcing

Divorce lawyers can consume one-third or more of a divorcing couple’s assets. In a sense, you may need as much protection against huge legal fees as against spousal claims. Why fight to keep ...
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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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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?

Asset Protection Planning is 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 ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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