The Need For Asset Protection Planning

By Jaclyn Hurley


In property protection, several legal techniques and statutory laws are used to protect assets of individuals and businesses from monetary judgements by financial institutions. Property protection planning, on the other hand, is used to protect property from creditors with strict observation of tax and concealment policies. It is through this program of asset protection planning that a person can be protected from huge debts that would be incurred from facing the creditors.

Some of the common techniques used in planning include;using a family partnership, IRA contribution maximization, using limited liability companies, moving funds to an irrevocable trust, or retitling various assets. An attorney should be hired to intervene in every phase of developing the plan. For instance, he/she should help in discussions of short and long term financial goals. This also involves helping the client in drafting a plan for all the assets.

Arguably, taking up the plan cannot be operational if there is a pending lawsuit. Otherwise, the court cannot defraud the creditors if there is a warrant for arrest. This implies that the plan should be prepared before the warrant is issued. For example, if a person attempts to evade the creditors by transferring the assets, the court is likely to reverse the transaction.

Usually operates under three plan comprises of three sets of goals-particular estate planning goals, short term and long term goals. Analysing the short and long term goals enables a person to make a plan for both current and future income sources, retirement budget, as well as the sum of money to be allocated for inheritance if the person passes on.

The next step involves improvising a sound financial plan and reviewing all the available assets in order to protect them from creditors. In case they are not exempted from creditors, the client and attorney can opt for prepositioning them. Similarly, it is also used for the preposition of property that a person may be intending to acquire in the future.

After which, the net worth of all wealth is determined. The calculations are then used to develop a comprehensive estate plan. It is the plan that is used in catering for client if he/she eventually became mentally sick. In addition, it is also used in addressing other issue like determining the heir to the t assets and family if the client dies.

Property protection programs are usually run with the aid of specific estate planning techniques. The main ones used for this purpose are family liability companies and irrevocable trusts. They aim at taking care of the family wealth as well as other beneficiaries.

It is recommended that the plan should be prepared after cross-examining the estate plan and all financial goals. This also involves ensuring that the plan can meet the requirements for positioning or pre-positioning the properties to be exempted from creditors. It is only then that negotiations can then be reached with the creditors. One should therefore take it if in need of protection from creditors.




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