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Recent Posts in Estate Planning Category

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How Can I Equity Strip My Assets?

This strategy calls for you to borrow against or otherwise pledge your assets as collateral security for some obligation. The secured creditor then has first claim against the asset to the extent of ...
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Can You 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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Is it too late to protect my assets once I am sued or have a potential liability?

Not necessarily. No law obligates a lawsuit defendant to hold his assets for the benefit of his creditors, despite common belief to the contrary. In fact, Supreme Court Justice Antonin Scalia, in one ...
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FAQ on Transfers Answered

1. What do you mean by a transfer after you incur a 'present liability'? If you sell an asset for less than its fair value, the creditor must secondly show that the transfer occurred after you ...
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Protecting Your Real Estate Assets

The first rule is to title all real estate that you own or co-own – other than your personal residence – to one or more limited liability companies (LLCs). This includes land, vacation ...
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New Year - It's Time to Review Your Planning

The new year is the perfect time to start thinking about a meeting with your Asset Protection and Estate Planning Attorney. It’s a good habit to review your documents every year. If you have ...
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What Assets Should be Titled to a Limited Partnership?

You want to title your cash, CDs, mutual funds and other liquid investments to one or more limited partnerships (LPs). We most frequently use LPs to protect liquid investments because; 1) the LP lets ...
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Are Land Trusts Good For Asset Protection?

Land trusts are increasingly popular for real estate investors who want anonymity as an extra layer of protection. The property in trust isn’t directly connected to the owner through the public ...
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Is There a One Size Fits All Asset Protection Plan?

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. You need an individualized, customized, and ...
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Are Domestic Asset Protection Trusts Good Asset Protection Tools?

Alaska, Delaware and a few other domestic asset protection trust (DAPT) jurisdictions encourage the formation of trusts in their states. These DAPT jurisdictions promise added estate planning and ...
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How Are Assets Divided In The Case Of 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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How Do Plaintiffs Collect on Their Judgments?

A judgment creditor seizes your assets by executing on their judgment. Many people confuse that a plaintiff simply needs to win a lawsuit to get paid, but in reality, they must collect on the judgment ...
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Is Life Insurance Protected From Lawsuits?

Life insurance may be protected by state law, but its protection depends on your state. To see if Life Insurance is protected in your state click here. If you own a large life insurance policy you may ...
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Use Your Asset Protection Plan to Discourage Lawsuits

Asset Protection is not about hiding or secrecy. You want an Asset Protection plan that lets you fully disclose your assets, confident that they'll remain safe from your creditor. A judgment ...
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How Do You Protect Risk Producing Assets Such as Vehicles or Boats?

You never want to co-own an asset such as a vehicle, boat, or plane. Both the owner and the driver are liable in an accident so for example if you own any of these assets as husband and wife both ...
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What Are The Advantages of a Limited Liability Company?

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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How Can You Negotiate an Inexpensive Settlement?

Defending a lawsuit is expensive, time consuming and emotionally draining, but we have found that most plaintiffs will settle for comparatively little – and will settle early – once they ...
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How Can You Maximize Your 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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How Can You protect Your Primary Home?

Often times our clients most important asset is their primary home. Normally, we would title all real estate to a Limited Liability Company. However, there may be a negative tax consequence with ...
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How Can You Protect Wages?

The portion of your paycheck a creditor can garnish is limited by both federal and state laws. As with any other state exemption, each state set its own wage protection limitations. Some states ...
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Protecting Real Estate During a Pandemic

Real estate is one of the oldest and most consistent forms of investing. During these uncertain times, litigation tied to real estate has been on the rise. In addition to the normal risk associated ...
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How can you make life insurance lawsuit-proof?

Life insurance may enjoy state statutory protection. But again, its protection depends on state laws. Click here to check your state. If you own a large life insurance policy you may title your ...
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Lawsuit Proofing Your Business

While lawsuit proofing is necessary for every individual, it is no less important for small businesses and professional practices. Small businesses are often more vulnerable to lawsuits and creditor ...
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Who Are the Key Parties Involved in an International Entity?

You get the best protection when your assets are international for several reasons. International Asset Protection, which can be coupled with Domestic Asset Protection, is gaining more and more ...
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The Importance of Business Succession Planning Now

Making sure Estate Planning coordinates with Asset Protection is not the only important aspect of Integrating planning. Asset Protection should also synchronize with Business Succession Planning. One ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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