Asset Protection

 

asset protectionAsset Protection is an Estate Planning goal to provide lawsuit protection for our clients. We want to protect our clients’ children, grandchildren, or other people who are named in our clients’ wills or trusts against the Trustmaker���s creditors. Beneficiaries in life insurance, IRA’s, annuities, pension plans or registered as survivor beneficiaries under TOD, POD or In Trust For title designations are by the nature of the designation usually protected from creditors of the deceased owner.

It is easy to protect assets against lawsuit judgments if our clients own the following assets:

  1. Homestead, Florida home owned and occupied by our clients as their permanent residence.
  2. Life insurance including cash value owned by clients.
  3. IRAs, 401Ks and pensions, employee benefits
  4. Annuities owned by clients

Clients may also receive some protection from suit if their assets are held / located in a corporate entity such as an LLC, corporation, or limited partnership that they own entirely or have an interest in.

Clients may also want assets held in their trust or will to receive asset protection from law suit judgments brought by credit card companies, business partners or former married partners against their children, or other beneficiaries named in our client’s wills or trusts. We provide through trust provisions written in our client’s revocable living trusts or last wills, which are created upon our client�����s death to hold, manage and provide or distribute to the named beneficiary by a Trustee designated and given authority and discretion to take care of the beneficiary. This can continue for a specific time or could last the lifetime of the beneficiary.

When it comes to ensuring asset protection in the Estate Planning process, the ways and means are as diverse as our clients. Proper asset protection involves an individualized approach to account for the amount of assets to be protected and the diversity of the assets themselves.