Asset Protection
What is asset protection
Asset protection consists in risk-reducing strategies meant to insulate assets against liability. Care should be taken to focus on non-fraudulent strategies, made without intent to defraud creditors, and avoid questionable techniques.
Types of cases
BUSINESS entity selection
SHAREHOLDER’s fiduciary rights
CONTRACT drafting
COPYRIGHT and trademark
IRREVOCABLE trusts – GRATS, GRITS, Dynasty trusts, defective trusts
RETIREMENT and life insurance
COLLECTION and collection defense
BANKRUPTCY
INCOME TAX discharge
STUDENT LOANS discharge
INSURANCE claims
EXIT strategies – mergers and sale of business
Timing of asset protection efforts
Asset protection efforts are most effective when undertaken to shield before a risk exposing event whether accident, lawsuit, or for privacy reasons. Equally important are the steps taken after a lawsuit has been initiated by a creditor or potential creditor. Any such efforts must be considered in the context of non-fraudulent transfers or they might cause more harm than intended.