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How to Protect Your Assets

For most of us, asset protection consists There are several reasons for this. First
of the insurance policies we buy to of all, personal injury lawyers, in spite
protect our home and its contents and our of their reputation as sharks, really
autos. These policies have the added don't want to throw defendants out of
benefit of providing you a defense as their houses, even if they could. They
well as source of funds to pay damages if rather go for the low hanging fruit - in
you cause an accident. this case the proceeds of your liability
The law also provides various means of insurance policy.
asset protection, ranging from "homestead They know that unless you were drunk or
exceptions", protection of ERISA grossly negligent, any liability award
retirement funds from creditors, joint can be discharged in bankruptcy. They
property ownership, bankruptcy and more. also know that many states have
There are other types of asset protection "homestead laws" that prevent the seizure
that are used by wealthy individuals to of your home and that the money in your
shield their assets from creditors or the retirement plans are protected by varying
tax man. degrees, depending on the state you live
They are popular with professionals, who in.
can lose everything through a simple In most cases, they will settle for the
error of judgment. insurance policy limits, even if they are
Business and property owners may use them lower than what the case might be worth.
as a tax shelter and/or estate planning However, especially in cases with severe
measure, as well as a way to avoid injuries, the lawyer might have no choice
creditors. but to pursue your personal assets if
The problem with most asset protection your insurance coverage is not adequate
schemes is that they are expensive to and you do have other assets to attach -
implement and maintain, almost always don't forget your wages are an asset and
forcing you to give up all or part of can be garnished.
your ownership in the asset you are For this reason, anyone with a good
trying to protect and, in many cases, are income and the usual collection of
illegal to boot. assets, for example a home, car, IRA's,
Trusts, different corporate and other savings and investments, some
partnership entities and off-shore original art, silverware, jewelry, etc
accounts are popular in this field. should carry at least $1 million in
If you are one of those who feel they liability coverage, maybe more if you
need this kind of protection, consult a live in high verdict states like
very well qualified lawyer - a CPA by California and New York. Your insurance
himself won't do. And apply common sense. agent should be able to advise you on a
A lot of so-called professionals in this prudent liability limit.
field have wound up getting their clients This can be done by buying single limit
indicted or into serious tax problems liability coverage of $100,000 on your
because of miscalculations they have auto insurance and homeowner's insurance
made. policies. You then buy an umbrella policy
There is also an abundance of fraud, with a $100,000 deductible. If you do
especially with off-shore accounts. The this all through one agent, he can tie
money you deposit into an off-shore trust everything together so that your coverage
might simply disappear. to a million or more is seamless.
Don't forget the IRS has been subpoenaing Property Transfers
the names of people who just bought books If you have already had an accident or
about off-shore investing from the have been sued for some reason, it is too
so-called gurus of this field and are now late to try to transfer property to
delving into their finances. another. It will likely be ruled
Finally don't trust that the fraudulent, as will transfers made
lawyer-client relationship will protect shortly before a bankruptcy filing.
you, especially if you're moving money If you suspect you might be sued (or
off-shore. I've witnessed several might have to go bankrupt), especially
instances of lawyers turning their for something you have no insurance for,
clients in when the IRS or District for example, a business deal gone bad,
Attorney pays them a visit. consult a lawyer. You might still have
Asset Protection for the Rest of Us time to transfer assets to either a
Most of us just have to worry about the relative, a trust or to another
simple mistakes we can make that cause corporation.
personal injuries to another. A car Do not do this on your own. If done
accident or a slip and fall on your incorrectly, you might face tax
property can result in a lawsuit and a consequences and/or criminal charges and
huge claim for damages. still face the loss of your property.
This is where our homeowner's or auto And remember if you transfer your
insurance companies step in. They will property to a relative, it can then be
provide lawyers to defend the claim, hire attacked by that relative's creditors.
experts if necessary and pay damages up This article does not purport to offer
to your policy limits. legal advice. Always seek the advice of a
In spite of the rash of lawsuits plaguing well qualified attorney before taking any
the US, most people with adequate steps to shield your assets.
insurance have little to worry about.




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