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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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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 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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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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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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Can a plaintiff ask a defendant about their assets before they win a judgment?

Not normally, and the reason is because the defendant’s financial affairs only relates to the collectability on a judgment and usually has nothing to do with the merits of a case. But there are ...
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In your view, what are the most common mistakes clients make when confronted with a lawsuit?

That’s a great question. We can offer a number of observations. First is the tendency to panic over a significant lawsuit. We well-understand our clients’ fears, nevertheless most lawsuits ...
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Is it too late to protect yourself after you are sued?

Not necessarily, but you’ll find it more difficult to do so and you’ll have fewer protective options once you are sued. Moreover, it may be too late in the sense that your assets may ...
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Can a plaintiff attack a defendant's property before the plaintiff wins a judgment - or even serves the lawsuit on the defendant?

Possibly. Depending on the specific case and the practices of the defendant’s state courts, a party suing may be able to attach your real estate, bank accounts or personal property before ...
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The Presser Law Firm, P.A. - Asset Protection Attorney
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