Why Asset Protection Planning Is Important Today

By Anita Ortega


The kind of assets one has today can define their tomorrow. However, there are situations where creditors can repossess these assets. So, wise people have strategies to protect their assets against liens, repossession or lawsuits. In most cases (and depending on the financial situation of an individual), asset protection planning may require some knowledge on Bankruptcy Laws, Estate Planning laws as well as Tax laws.

Like it is with most legal privileges, asset planning is prone to abuse and misconceptions. However, the aim of a good plan should be to secure important property such as vehicles, homes and money against claims and repossessions. The said recoveries are rampant especially if a financial misfortune befalls an individual. The plan should therefore focus on your fiscal strategies and be based on your current worth.

In other words, people with the highest likelihood to encounter financial problems due to the nature of their business require a good plan the most. As mentioned before, this kind of planning is not intended to expose trust (for example) to embezzlement. They are neither scheme to unethically conceal assets.

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.

Individual arrangements and family trusts make another group of assets eligible for protection. Your plan may also involve offshore corporate trust and investing schemes in some cases. In some jurisdictions, credit shelters and such like can be protected legally.

If you want your plan to succeed, you must do it early. In other words, draw the plans and involved your lawyers before the creditors make their claim on your property or sue you. Otherwise, late submission may lead to bankruptcy case and settling the legal expenses of the program.

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.




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