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Does an Asset Protection Plan make sense for me?

Our general rule is that an Asset Protection Trust may be appropriate where a client's net worth is $500,000 or more. Over $1 million you should definitely be looking at the benefits. Remember, houses, cash in the bank, investment portfolios, insurance policies, retirement savings (401k's, IRA's, SEP's etc.) all contribute to your net worth. Professionals such as doctors, lawyers, stock brokers, high level executives and owners of closely held businesses may find asset protection plans particularly beneficial. Estimated costs will be provided after discussing the client's specific objectives and requirements. There is no one structure that meets every client's needs. These are highly customized, technically demanding plans that require substantial knowledge and practice to implement properly.

Our office will typically provide services tailored to the client's unique requirements. These services may include: consultation with the client, preparation of a draft document for discussion, preparation of final legal documents, and identification of a reputable licensed foreign trustee. Other services may be applicable, including the fees to establish foreign or domestic entities to hold and manage trust assets.

In many instances our office can assist clients in establishing local offshore bank accounts, brokerage accounts and credit cards secured by those accounts for the trust. We can also form both domestic and offshore business entities in all major jurisdictions. The costs for these services are on a case-by-case basis.

 

What is a Trust?

What is the purpose of an Asset Protection Trust?

Do we want a Foreign or Domestic Trust?

What is a Domestic Asset Protection Trust?

What is a Foreign Asset Protection Trust?

Are my life long accumulated assets susceptible to creditor attack?

How does an Asset Protection Trust operate?

Who manages or administers the trust and the trust funds?

Does an Asset Protection Plan make sense for me?
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Think Putting Assets in Your Spouse's
Name is Asset Protection?

Think Again

For decades, many professionals have put their assets in their spouse's name in what was believed to be solid asset protection planning. Unfortunately, this has never been a wise approach, and is more risky today than ever before. Here's why:

  • Legal ownership. Just because your house or portfolio is in the name of your spouse does not guarantee that a judge will see it that way. If you are the sole bread-winner, and you are making the mortgage payments or yearly contributions to purchase stock, aren't you still the owner? Some courts might think so.
  • Divorce. What happens if you get divorced? We all know the divorce rate hovers near 50% these da...

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