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ASSET PROTECTION

Asset Protection Trusts
Asset Protection Trusts are an integral part of Asset Protection, Creditor Deterrence, and Estate Planning. These flexible legal structures are specifically designed to frustrate potential creditor attack. They are frequently used by individuals with substantial net worth who own closely held businesses, or professionals (doctors, lawyers, stockbrokers). Sometimes they are used in anticipation of a marriage or a change in marital status. They are also used in conjunction with other legal entities as a means to pass on a closely held or family business (to the next generation) while adding potentially fatal creditor barriers.

These trusts frequently take the form of a "Foreign Grantor Trust" for tax purposes, and are designed to be "tax neutral". (There are tax reporting requirements for these types of trusts) Their value is in the area of asset protection from creditor attack, not tax savings. They are custom designed plans intended to meet specific client requirements. These trusts are not "cookie cutter" efforts. The plans are complex and typically involve one or more business entities, frequently including both domestic and foreign components. These plans are not for everyone. Depending on your particular financial and economic situation, you may wish to adopt other estate planning strategies.


What is Asset Protection?

Asset Protection Overview

Asset Protection Trusts

Asset Protection Summary
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The Building Blocks of Asset Protection

The building blocks used in asset protection structures include: the corporation, the family limited partnership, the limited liability company, wills, trusts, and an arsenal of offshore tools. To help familiarize you with terminology and uses, here is an overview.

The Corporation

Incorporating your business is one way to protect some of your personal assets from creditors' claims. To incorporate, you must file articles of incorporation with the secretary of state. The articles establish the corporation as a legally separate entity for liability and tax purposes, apart from the person(s) who started it. This separate identity makes incorporating your business certainly more protective of your personal assets than the sole proprie...

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