Why Asset Protection Planning Is Important Today

By Anita Ortega


How you and your family survive tomorrow may depend on what you own today. Nevertheless, creditors may want to take your assets at times. The best course of action therefore is to protect your wealth today against future claims or retrievals. Granted, developing an asset protection planning is a good thing; what is even better is having background knowledge of tax and bankruptcy laws.

Just to be clear, the asset protection plans are never a means to forfeit your responsibility to the creditors or taxman. Rather, they are meant to secure your property, money, retirement accounts and even cars from creditors in a legal way. In fact, the decision to protect assets should be influenced by your lifestyle, net worth and short term or long term financial goals.

It suffices to say that individuals with the potential of undergoing insolvency (due to the risks attached to their investments) need the program the most. It is worth reiterating that even for these individuals; this program is not a means to hide an individuals wealth. In fact, it should not give way to misappropriating funds from a trust.

Unlike what many may think, asset protection program is not limited to individuals and their families. Instead, it covers dozens of asset groups. For example, it can be about a business entity or a dynasty trusts. Assets such as umbrella insurance policies, discretionary trusts, exemption planning, special needs trusts, and family limited liability companies can also form part of the plan.

Other assets that can be protected include family trusts as well as separate property agreements. In some instances, an offshore trust or even a gifting strategy can be part of a protection plan. Credit shelters have also been included in most plans recently.

Doing everything early is the best ways to conduct planning. You do not have wait until you sense a lawsuit or receive a demand letter before commencing the protection plan. Such late plans may lead to complete loss of property after a expensive legal battle.

If done properly, this kind of strategy has a number of benefits. First, it helps you to categorize your liquid assets in a way that creditors cannot pursue them. In fact, the more liquid assets you have in checking account, for example, the easier it is for creditors to recover it. Planning also reduces the chances of lawsuit as most of your property is protected. You should know that creditors can only sue you for unprotected property and the fewer such are the better for you.

Insurance policies, however comprehensive, cannot cover all property; but the planning can. This is majorly due to the specific nature of all the insurance policies i. E. Covering only a specific element or asset. Interestingly, all your unprotected assets can be secured by a simple plan. Another benefit is the fact that this plan secures your money and other material goods even if you do not have a meaningful employment. In short, you are safe from lawsuits and claims irrespective of your economic status.




About the Author: