Asset Protection Planning
Many asset protection tools and techniques are available that provide various levels of protection. These include state and federal exemption statutes, various types of insurance, business entities, gift-giving (including gifts to irrevocable trusts), domestic self-settled spendthrift trusts, foreign (offshore) spendthrift trusts, and even expatriation. In this area of the law, typically control and flexibility diminish and costs increase as the level of creditor-protection increases.
How We Can Help You
Our South Florida law firm provides asset protection planning and estate planning for high risk professionals, including business owners, entrepreneurs, physicians, medical professionals, and individuals concerned about creditors, lawsuits, and protecting assets in the event of divorce or nursing home placement.
We begin asset protection planning with a comprehensive review of a client’s estate, short and long tem goals, and general situation. By discussing options with our clients, and the consequences flowing from those options, we are able to find the level of asset protection that provides an acceptable combination of affordability, flexibility, and effectiveness for each client.
We offer clients the following asset protection techniques and strategies to plan for the orderly transfer of accumulated wealth to loved ones, protect assets from predatory litigation and mitigate estate and income tax liability:
- Analysis of Exemptions available under state and federal law
- Analysis of Property Ownership
- Spendthrift Provisions
- Trust Protectors
- Family Limited Partnerships
- Charitable Tax Planning techniques, including use of charitable trusts in connection with sales of real estate, businesses and other highly appreciated assets.
- Business Entities such as Corporations, Limited Partnerships, and Limited Liability Companies
- Gift and Estate Tax Planning
- Traditional Estate Planning (Wills, Trusts, Business Succession Planning, etc.)
There is no guarantee that any particular strategy or entity will provide infinite protection because tax laws are constantly changing. Therefore what works today may not work tomorrow. However, having assets owned by irrevocable trusts and business entities will provide more protection than simply holding assets in one’s own name. Similarly, limited-liability companies, limited partnerships, Nevada self-settled spendthrift trusts, and offshore trusts, when used properly, can be worthwhile safeguards in the event of litigation.
We look forward to assisting you with your asset protection and estate planning needs.