The following links to asset protection articles published by various legal resource services, attorneys and legal professionals are posted here as a legal resource by National Lawyers Directory, a national directory of links to attorneys, lawyers and law firms.
Protect Assets Before It's Too Late - posted: March 20, 2006 - author: From Fahlman & Olson - You may think of estate planning as a way to pass on assets to your beneficiaries at the least possible tax cost. But you can't pass on assets to your heirs that have gone to creditors, so asset protection planning during your lifetime is critical, especially if you are a general partner or face some other high risk of potential liability. Whatever asset protection method you choose, you must implement it before the claim exists. Otherwise, the assets may not be protected by a court. click here for full text.
Rights and Obligations with Prenuptial Agreement - dated: September 18, 2004 - author: Jeffrey Broobin - Prenuptial agreements are like insurance policies. You do the paperwork, and then hope you'll never need it. However, since half of marriages end in divorce within the first seven years, you may want to consider a prenuptial agreement before you walk down the aisle and say, "I do." Since you could later be engaged in a nasty, costly click here for full text.
What Is A Family Limited Partnership - posted: August 5, 2005 - author: From Plan-My-Estate.com - Limited partnerships can be a great asset protection tool, however, it is not right for many people. The term "Family Limited Partnership", simply refers to a Limited Partnership that is tailored for the use as an asset protection tool for a family. There is no legally-recognized entity called a "Family Limited Partnership". The Limited Partnership exists in one form or another in every state. They differ from General Partnerships, wherein all the partners are liable for partnership debts and the acts of the other partners. The difference is that with the limited partnerships there is a separate class of partners -- really, mere investors -- called "limited partners", and who are not liable for partnership debts. click here for full text.
When Should You Re-Write Your Will - dated: December 9, 2002 - author: J. Mahserjian & W. Clark - If you are contemplating, or in the process of, divorcing your spouse, it is crucial that you either revise your existing will, or have your attorney prepare a new one for you. click here for full text.
What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Someone With Alzheimer’s - dated: September 22, 2004 - author: William G. Hammond, JD - A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Guardianship, on the other hand, is a legal relationship whereby a probate court click here for full text.
Taking Control; Safeguarding the Distribution of Your Assets by Making A Will - posted: April 14, 2005 - author: Janine Byrne - A valid will is one of the most important documents you could ever put your signature to, as the consequences of failing to make a will before you die can have far-reaching effects on the people you care about most. Despite the importance of this legal document click here for full text.
Database Hacks - Are Banks Required To Notify You - posted: April 4, 2005 - author: Richard A. Chapo - Ever wonder if banks are required to tell customers when their systems are hacked? You may be shocked to learn that they are not. The only exception to this standard has been database hacks that effect California residents. Companies doing business click here for full text.
What is a Fraudulent Transfer - posted: August 5, 2005 - author: From Plan-My-Estate.com - A Fraudulent Transfer (a/k/a "Fraudulent Conveyance") is a transfer which a debtor makes for the purpose of defeating a creditor's collection efforts against the debtor. This typically happens when, say, a debtor attempts to "sell" everything to his wife, cousin or business partner for $5 to keep his stuff out of the hands of his creditors. If the court figures out that the transaction is a sham to defeat the creditor, the court will set aside the transaction and make the person holding the assets give them to the creditor. Basically, Fraudulent Transfer Law is this: You can't do anything which would impair the rights of your unsecured creditors, if you do then the courts will simply ignore what you have done. click here for full text.
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