ASSET PROTECTION - Who Needs It?


Asset protection is a process of insulating your estate assets against attack by creditors and plaintiff’s attorneys. In the United States there are more than one million lawyers, each with a license to file lawsuits against deep-pocket defendants by paying court filing fees of $150 or less. Too often, decisions by judges or juries are based more on emotion than on facts or the law, and frequently the result is a catastrophic damage award that wipes out a lifetime of hard work and investment. A well-designed asset protection plan builds a protective fort around the client's estate and guards family wealth from external creditor attack and frivolous lawsuits. The most effective asset protection fortress contains multiple layers of protection, so that even if they can defeat one device, there are other defenses around the family’s nest egg. Asset protection is, therefore, an essential fundamental building block of financial planning.

Effective asset protection starts with common sense. For example in business affairs don't rely on oral promises and oral agreements which often result in confusion and misrepresentation. If you enter into written business agreements, make sure the agreement is reviewed by a lawyer in advance. A few dollars spent on an attorney prior to signing the agreement can save substantial attorneys fees in the future. Avoid getting involved in business or financial relationships with people you do not trust or people who seem dombative and adversarial in nautre. Next, make sure you maintain comprehensive insurance covering your house and all vehicles owned in your name regardless of who drives your cars. A supplemental umbrella insurance policy which expands the limits of homeowners and auto policies is an inexpensive and effective asset protection tool. For those individuals with heightened exposure to lawsuits because they are involved in business or high-risk professions, a consultation with a Florida asset protection attorney will acquaint them with legal asset protection tools which can be incorporated into their business plan and family estate plan.


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Publications: Florida Bar Journal, June 2004  |  Florida Bar Seminar, May 2003  |  Florida Bar Journal, December 1984 Media Recognition
Florida Bar Seminar May 2005  |  National Business Institute Seminar May 2005  |  Steve Leimberg's Asset Protection Planning Newsletter  |  Florida Bar Health Law Handbook 2007
Asset Protection Basics: Who Needs It  |  Does It Work?  |  10 Biggest Planning Mistakes
Fraudulent Conveyances  |  Liability for Asset Protection  |  Debtor Liablity  |  Attorney Liability
Florida Asset Protection: Moving to Florida  | Homestead Protection  |  Statutory Protection  |  Joint Ownership
Partnerships / LLC  |  Family Ltd. Partnerships  |  Florida Residency
Offshore Asset Protection: Offshore Trusts  |  Nevis LLCs
Financial Asset Protection: Annuities  |  Life Insurance  |  Leveraged Accounts Receivable  |  Business Protection
Asset Protection Updates: Delaware Series LLC  |  Domestic Asset Protection Trust  |  Equity Stripping  |  Florida's New Trust Law  |  Mortgage Foreclosure Deficiency
Estate Planning: Living Trusts  |  Wills  | Probate  |  Irrevocable Trusts  |  Estate Tax Basics
Bankruptcy: Bankruptcy FAQs  |  Chapter 7  |  Chapter 13  |  The Means Test  |  Involuntary Bankruptcy
 Income Taxes and Bankruptcy | Bankruptcy Mistakes to Avoid  |  Bankruptcy's Effect on Credit  |  Attorneys' Fees  |  Moral Issues

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Copyright © 2007 by Jonathan B. Alper. All rights reserved.