What is asset protection? It is a set of strategies and legal tools used for protecting assets from lawsuits and claims of creditors. Here’s how it works. We set up tools such as LLCs and asset protection trusts. Offshore trusts are some of the most powerful tools that shield wealth from lawsuits. This is because your local court does not have jurisdiction over our foreign trustee/law firm. Here is an explanation of the process. First, a professional will review your assets, risks and financial goals. Then, the planning process typically includes establishing structures, such as trusts and companies to create legal barriers between creditors and you, as the debtor. The strategies often use a combination of business and estate planning tools.
A properly established plan performs three primary functions: lawsuit deterrence, settlement negotiation leverage and/or placing your assets out of the reach of a legal opponent. Ideally, engage asset protection planning prior to a lawsuit or cause of action. However, if you have have not done so, you can implement it at nearly any time. Every situation is different, however. So we encourage you to call us and speak to one of our experienced asset protection attorneys or consultants. You can also fill out a free consultation form above.
“A creditor has no cognizable interest in the assets of a debtor prior to obtaining a judgment. Anyone can transfer their assets all day long until the sheriff shows up with a Writ of Execution pursuant to a court order.”
-Supreme Court Justice Antonin Scalia
Protecting real estate in the United States usually involves placing each piece of real estate into a separate land trust for privacy of ownership. A separate limited liability company owns each land trust. Then liens, mortgages or deeds of trust, are placed against each property in order to strip out the equity.
Protecting liquid assets often includes the use of a trust. Offshore asset protection trusts and foundations are proven significantly more effective than their domestic counterparts. This is because the international element puts assets beyond the reach of local courts. An international LLC is often placed inside of the trust, that the would-be debtor can use as a remote control until they need the trustee to step in to protect them. Since the trustee is outside of our borders, he or she is not subject to domestic court orders.
Regardless of net worth, any individual or family that has assets they wish to keep should look into a wealth protection plan. It should be appropriate for their assets, risk, fears and comfort level. Business owners, parents, investors, real estate owners, physicians and other professions are at greater risk of encountering major lawsuits. Thus, they have even greater needs to implement asset protection plans.
Before someone alerts you to legal attack, the chances are that an opposing legal team has performed a search to locate and value your assets. With this in mind, you can implement financial privacy measures. As a result, an asset search can show little to no assets or asset value, depending on the techniques used. Those without attachable assets make poor lawsuit targets.
Lawsuit deterrence through the use of asset protection plans.
When you have the proper legal tools in place before a lawsuit strikes, you’re in an advantageous position. This could mean the difference between quickly settling out of court or costly litigation. Once you have protected your assets, a creditor or potential legal opponent has to face the fact that you are not an easy target. They must decide how much time and money they want to throw at pursuing you.
The best asset protection strategies often include offshore trusts. When you implement an offshore asset protection strategy, you can take advantage of the most favorable laws in the world. A creditor who wants to pursue your wealth will face practically insurmountable barricades. You can have our reputable, licensed, bonded trustee/international law firm step in to protect you. Why? Because they are not subject to your local court’s orders. You can take advantage of foreign jurisdiction statutes that can afford you near bulletproof protection.
These videos contain helpful tips about some of the most common strategies to protect assets from legal attacks. The first video discusses one of the strongest ways to shield wealth, the Cook Islands trust. The second discusses how to protect real estate from lawsuits.
Asset Protection Planners has contributed to legislation in Nevis, the Cook Islands, Dominica and the Congo. We meet regularly with heads of state to improve their regulatory framework.
Our CEO With Vance Amory, Premier of Nevis (1992 – 2006 and 2013 – 2017)
Asset Protection Planners CEO With Roosevelt Skerrit, Prime Minister of Dominica
Our CEO With Clément Mouamba, Prime Minister of the Republic of Congo (Brazzaville) and Our Attorney Yonathan Amselem
Our full-time in-house asset protection attorneys and consultants spend time understanding each individual’s situation, needs and risks. They use this information for our clients to construct a protection plan that is appropriate to the individual or family. In fact, the single biggest benefit to retaining an asset protection attorney is to have a professional who understands the legal system and your situation. Thus, they can represent your wealth preservation interests and can tailor a plan to suit your needs.
An experienced lawyer who specializes in protecting assets will be able to compartmentalize the types of risks you and your assets face. Then they can properly establish a solid plan. Afterwards, once you establish a plan, you must maintain it. So, it is the job of you and your attorney to ensure that your legal plan remains in compliance, protecting you for years to come. Thus, you should review and update it as your financial situation changes, family grows and the legal system is updated. Speak with our experienced Asset Protection Lawyers today. As you can see on this page, there are phone numbers and inquiry forms so you can do just that right now.
Rise in Litigation Urges Protection
Today, more than ever, people are concerned about preserving their wealth. Litigation has been on a steady rise for many professionals, including attorneys, medical doctors, dentists, parents as well as business owners. Thus, now people are putting their money where others can’t get it. As lawsuit statistics continue to climb, more people realize that insurance policies aren’t enough to protect your family’s financial future . The exceptions written into the insurance policies today are staggering. Just when you need it, they point to a clause in the policy indicating why it does not cover your dilemma. Moreover, regardless of coverage, someone can sue you for more than your policy limits. One physician who called us had a $3 million malpractice policy, but someone had just sued him for $28 million.
You can implement asset protection at almost any time to guard against a lawsuit, judgment or divorce. Whereas pre-planning is preferred, there are ways to protect assets after a lawsuit is filed against you.
There is a lawsuit explosion in the United States. As a result, more people are looking to protect their assets from legal attacks, ambulance chasers, frivolous claims, creditors and greedy former spouses. When the process server shows up at the door, many are awoken to the need to take action. This website discusses ways that you can do this quickly, easily and affordably.