Frequently Asked Questions About Asset Protection Planning

Only certain types of assets are appropriate for an asset protection trust. Once you identify what those are in your case, you can transfer those valuable assets into an asset protection trust to protect those assets from future and unknown creditors. This transfer will protect your assets while you are living and will also protect them from the IRS when you die.

This said, there are some disadvantages associated with transfers of valuable property into asset protection trusts, which include your likely or known exposure to creditors’ claims, your personal loss of control over how a particular asset is managed once transferred, and potential gift tax consequences that result from the transfer. What assets should be transferred into asset protection trusts depends on your specific situation, including your state of residence, the state where your business has been organized, where your physical office and registered agent are located, where your assets are located, and more.

Even then, certain assets are considered “exempt” (forever protected) from creditors, and each state determines what it considers exempt assets. In some states, exempt assets include clothing, jewelry, tools, and household furnishings, while in other states additional assets such as life insurance and social security benefits are exempt.

In the world of asset protection planning, the best outcome for you, your family, and your loved ones will be achieved only by working with a lawyer who encounters asset protection planning situations daily. You have worked your whole life for what you have, and we encourage you not to leave it to an online form, internet software, or DIY template to care for your family in the way they deserve.

This is the most often asked question in asset protection planning, and that is okay – we know the topic of cost is a sensitive one when it comes to choosing a professional to guide you, and we have designed our fees on a flat-fee basis only so that you know exactly what you are committing to – and there are no surprises.

While we cannot quote fees online or over the phone, we invite you to check out our upcoming educational events where we cover our unique meeting process and fee schedule so that you know exactly how to take the next steps at the best time for you and your family.

If you have a retirement plan, federal law does not allow creditors to reach that asset. This applies to profit sharing, pensions, and 401(k) plans. However, both traditional and Roth IRAs may not be protected depending on the situation. We work closely with you so that you know the exact situation in your case and can make the right decisions from an asset protection planning perspective.

Yes, asset protection planning works when done right. Asset protection is based on the foundational principles that virtually any and every asset you own can be seized from you by a creditor, and any asset you do not own cannot be seized from you by a creditor.

In a nutshell, asset protection aims to remove you from the reality where your ownership of an asset is basically the same as your control over an asset. Instead, with asset protection planning, we help you legitimately remove yourself from legal ownership over an asset, where you maintain control of your assets, which allows you to continue enjoying the economic benefits of your assets while protecting them from creditors. This said, we do not prepare plans where the goal is to evade a known or likely creditor, as at that point, this type of planning is too late.