Kamis, 10 April 2014

Key Facts You Should Know About Asset Protection Planning

By Anita Ortega


The kind of assets one has today can define their tomorrow. However, there are situations where creditors can repossess these assets. So, wise people have strategies to protect their assets against liens, repossession or lawsuits. In most cases (and depending on the financial situation of an individual), asset protection planning may require some knowledge on Bankruptcy Laws, Estate Planning laws as well as Tax laws.

Like it is with most legal privileges, asset planning is prone to abuse and misconceptions. However, the aim of a good plan should be to secure important property such as vehicles, homes and money against claims and repossessions. The said recoveries are rampant especially if a financial misfortune befalls an individual. The plan should therefore focus on your fiscal strategies and be based on your current worth.

It suffices to say that individuals with the potential of undergoing insolvency (due to the risks attached to their investments) need the program the most. It is worth reiterating that even for these individuals; this program is not a means to hide an individuals wealth. In fact, it should not give way to misappropriating funds from a trust.

In spite of the common belief, the asset protection laws do not just serve individuals and their families. In essence, this process covers more. Apart from the business entities (such as family limited liability companies), a dynasty bank can be protected as well. Special and secret savings can also be part of a plan. Better still, comprehensive insurance plans are also eligible for protection.

Other components of the program include separate property agreements and domestic asset protection trusts. Even offshore trusts and gifting strategies can be included in a protection plan. In some cases, the protection may focus on Credit Shelter Trusts too.

If you want your plan to succeed, you must do it early. In other words, draw the plans and involved your lawyers before the creditors make their claim on your property or sue you. Otherwise, late submission may lead to bankruptcy case and settling the legal expenses of the program.

As long as the process follows due steps, the planning carries with it some advantages. It provides time to assign your liquid assets accordingly. In fact, reclassifying your money makes it difficult for the lenders to claim such in the event you go broke or unable to repay your debts in time. On the other hand, the program shields property from legal claims. It is important to mention that only unsecured wealth can be subject to a court case.

Protecting assets can also help in covering what an insurance policy left out. Well, it is common knowledge that all insurance agreements are tailored to cover only specific areas of your life and wealth. So, all the important assets you insurance cover could not guard can be safe through a protection plan. Asset planning also secures your wealth and money even if you had an accident or became jobless. As a matter of fact, your financial situation does not expose you to creditors repossession or lawsuits.




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