How Asset Protection Trusts Can Help You In Safeguarding Your Assets

By Tanisha Berg


You never know what might happen during your career or business endeavor. Something wrong may occur when you least expect and place you in a difficult situation where your risk losing what you have acquired for a long time. However, with asset protection trusts, they can assist you protect your wealth from being taken away by creditors. It takes a lot of time, effort, sacrifice, and money to build wealth.

You can imagine how frustrating and depressing it could be when you lose all that you have acquired in one lawsuit. This is why you should take a proactive move to ensure your assets are protected from creditors. It is important you work with a qualified legal counsel to assist you in the process of entering into asset trusts. This is because a lot of paper work is needed and all documents should be processed properly.

Similarly, if a homeowner had borrowed a mortgage loan, and somewhere down the line, he or she discovers that they not able to repay the amount, they could find yourself losing the home through foreclosure. However when you make early arrangement to protect the assets, you keep off the creditors from accessing them through legal means. The process of planning for assets protection through trusts is quite complex.

If you do not have any lawsuits filed against you, then it is the right time to start preparing to protect assets. Similarly, you might have purchased your home through a mortgage plan and although you are repaying the loan comfortably, you may not know what could happen in future. A trust acts as a legal entity, which you create through the help of an attorney.

Sometimes, when you try to enter into trusts arrangements when there is a pending case in court, it may be seen as depriving the creditor the ability to access your assets. This could easily be noticed by the court and possible reversal of the asset protection procedure may be ordered. In planning for your assets protection, you ought to understand that some of the clauses such as the spendthrift are irrevocable.

You need to ensure you consult a qualified lawyer to spearhead the process so that you do not make mistakes. When you enter into asset protection trust arrangements, you simply take the assets that are likely to be claimed by creditors through lawsuits, also known as nonexempt assets and then reposition them to properties, which are out of reach of the creditors. And, these are known as exempt properties or assets.

Proper planning is needed when you enter into this sort of arrangement. One thing you need to realize is that you cannot protect the property or wealth when a creditor has already filed a lawsuit. This may be seen as trying to forge and make it impossible for the creditors to access your property. It is recommended that you begin the process before such lawsuits arise.

If you try to transfer your property when there is a claim under investigation, it may be viewed as trying to intentionally delay, hinder, or defraud the creditor. It is easy for the court to notice such flaws and consider reversing them, meaning you may have your properties handed over to the creditors to pay off the debts. However, when you start the process way before such lawsuits arise, you are placed in a better position to safeguard your wealth.




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