Asset Protection

Asset protection planning is generally defined as a strategy that protects your wealth against outside interference by placing the assets beyond the reach of creditors.  There does not exist a one size fits all type plan and what works for one individual or company may not be the best choice for a different individual or company.  As such, a detailed analysis of the circumstances unique to each case will shed light on the best type of strategy needed to protect the assets.

Specifically, though, asset protection planning defined can be somewhat of a misnomer.  Sure, protecting your assets by placing them beyond the reach of the creditors is the desired result.  However, asset protection is more than this. As a whole, a good asset protection plan should focus on risk management.

In other words, asset protection specifically defined is a type of preventive planning that discourages lawsuits, avoids litigation, and promotes settlement. To that extent, asset protection encompasses more than just protecting assets and actually works to preserve your wealth. Protection, then, should reflect preservation.

And this is exactly the picture we want to paint in the plan.  Therefore, it is necessary to incorporate different facets of your life and business as to show creditors (or judges, if be) that you are engaging in life planning (i.e. preserving your wealth) over planning that smells like it was designed to avoid a debt (i.e. poorly structured asset protection plans).  This way, creditors are more likely to settle or walk away than pursue recourse in the courts.

Remember, asset protection is best defined as a type of risk management.  In turn, risk management is best done in a preventative manner, i.e. protecting your assets before a claim or judgment is rendered against you.  As such, the longer you wait, the more your options start to wither away.


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Male hand putting coin into a piggy bank

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