Asset Protection Articles - Page 3
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Alaska and Delaware Now Offer Domestic Asset Protection Trusts - posted: March 20, 2006 - author: From Fahlman & Olson - When you think about an asset protection trust, an offshore trust probably comes to mind. With the recently enacted Alaska and Delaware statutes, however, you may not need to leave the country for an asset protection trust. The Alaska and Delaware Trust Acts offer additional domestic asset protection and estate planning opportunities. Generally, when you retain an interest in a trust you create, the trust is subject to your creditors' claims to the extent click here for full text.

Protecting Assets Through a Single Member LLC - posted: March 20, 2006 - author: From Fahlman & Olson - Trusts are traditionally used to protect assets. Lately, family limited partnerships and limited liability companies (LLCs) have become more popular. With the allowance of the single-member LLC, if you have been operating as a sole proprietorship or have formed a corporation, you now have an alternative. This can be an outstanding way to limit liability and protect personal assets. On Jan. 1, 1997, the federal government issued tax classification rules commonly click here for full text.

Offshore Trusts Can Protect Assets - posted: March 20, 2006 - author: From Fahlman & Olson - Setting up an offshore asset protection trust may not be as exotic as you might think. You may already be familiar with many of the concepts of an offshore trust if you have done some basic estate planning. The primary advantage is creditor protection for trust assets even if you are a beneficiary of the trust. This protection may be important for you if you presently lack malpractice or creditor concerns but your occupation entails potentially significant financial risks. The majority of U.S. courts click here for full text.

Asset Protection Planning Alive and Well - posted: March 20, 2006 - author: From Fahlman & Olson - Estate planning and asset protection planning go hand in hand. After all, strategies for minimizing transfer taxes are meaningless if you have no assets to transfer. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) - which applies to bankruptcy filings on or after Oct. 17, 2005 - contains a number of provisions that affect asset protection. Contrary to what some pundits would have you believe, BAPCPA doesn't spell the end of asset protection planning as you click here for full text.

Personal Wealth Retention In America - posted: March 21, 2006 - author: Ray Chodos - American personal wealth inequality, the haves and have-nots. The United States population is economically polarized and continuing to grow further apart. While reliable personal wealth statistics are rare; according to government estimates, the top 1% of wealth holders’ control 39% of US privately owned wealth. The bottom 80% control less than 16%. This great disparity is not lost on trial judges, juries, disgruntled employees, consumers, shareholders or litigators. When a hard working click here for full text.

Asset Protection - posted: March 21, 2006 - author: From Stanford Trust Company LTD - It is naïve to think that we live in a world that is fair and certain. It is, therefore, only natural for an individual, particularly one who has worked hard all his life in order to accumulate real wealth, to seek some form of insurance against the vicissitudes of life. Asset protection is the process of structuring a client’s financial affairs to safeguard his assets against certain risks. A trust is the most popular structure to safeguard assets, protect them from expropriation and help reduce or manage risk. click here for full text.

Asset Protection Planning - posted: March 21, 2006 - author: Randy M Wright and Simon Edelstein - For many years, the C Corporation was the favored entity for conducting one's business affairs because it provided the business owner protection from third-party claims against his or her personal assets. The procedure to form a C Corporation is simple, filing very abbreviated Articles of Incorporation with the State of Michigan for a nominal cost. Unlike the S Corporation (below), there are no limits on the number of shareholders, types of owners, nor limitations on the equity structure click here for full text.

Asset Protection Planning Starts At Home - posted: March 21, 2006 - author: Randolph M. Wright - Does the term "Asset Protection" conjure visions of a remote Caribbean Island or the Swiss Alps? This is not the place to begin an asset protection analysis. We suggest that you begin by consulting your estate and financial planning professionals to design or review your estate plan and, during that process, cast a critical eye to your family's exposure to claims. We all need asset protection planning. There are millions of lawsuits filed in the United States each year. Our society is blessed click here for full text.

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