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Asset Protection Assessment

This short assessment includes a few questions that you should consider in evaluating your level of Asset Protection. Answer the following five questions and we will provide you with a recommendation as to whether you should schedule a complimentary (free) preliminary consultation with The Presser Law Firm, P.A. regarding the protection of your assets.

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1. Do you own over $50,000 in liquid assets [checking, savings, stocks, bonds, CD’s, money market, etc.)?

In this day and age creditor issues are plentiful and lawsuits, divorce, and other financial woes happen daily. You should definitely be educating yourself on Asset Protection and Estate Planning at this point and considering obtaining a complimentary preliminary consultation on protecting your assets. If you are ready for a complimentary preliminary consultation or you would like more literature to educate yourself on Asset Protection or Estate Planning you can contact our office today! 561-953-1050 | Info@AssetProtectionAttorneys.com

It's never too early to learn about Asset Protection since Asset Protection is best done and most effectively executed when your financial seas are calm.

2. Do you own a business?

Did you know that any creditor could indirectly control your company by taking control of your personally titled corporate shares? Or, that the S Corporation is actually one of the worst ways of titling your business? Scary to think about, isn’t it? You need to ask yourself if your business is correctly titled or structured from an Asset Protection standpoint for its purpose? If you don’t know, then it would be a good idea to obtain a complimentary preliminary consultation with an Asset Protection Attorney. To keep this from happening, make sure all your assets are fully protected from every end.

A business is just one of the many assets you can protect. Consider protecting your home, your other real estate, your checking and savings accounts, as well as any other assets that have a substantial value to your Estate.

3. Do you have a child, spouse, or employee that drives a vehicle that you own or insure?

Lending your car to anyone else (especially your children) is a huge liability! If they get into a car accident, your name and your requisite assets will be attached to the accident and/or lawsuit arising so you may risk losing everything you own by committing this foolish act. This is especially true of teenage children – they often don’t have the driving or life experience to make the best choices. That is why teenage children should always have their own cars when possible or at least their own car insurance policy – separate from yours.

Good Job! Lending your car to others is a huge liability. You still should consider protecting your home, your other real estate, your checking and savings accounts, as well as any other assets that have a substantial value to your Estate.

4. Do you own any real estate property?

Consider the following questions to gauge whether your assets could be in danger.

  • How is your real estate titled? If your real estate is tiled personally then you could potentially run into huge problems down the line. Owning assets in your own name is a catastrophe waiting to happen. Remember – the key to Asset Protection is controlling everything, but owning nothing!
  • Are you mixing your liability producing assets with your safe assets? If you have multiple properties – make sure to title each of them to a different protective basket. You don't want to mix your liability generating assets with your safe assets. Owning real estate is definitely a liability producer as someone can trip and fall on your property or your renters may sue you. It's very important to have an Asset Protection plan in place when you own one or more real estate properties.

Consider protecting your home, business, checking and savings accounts, as well as any other assets that have a substantial value to your Estate.

5. Out of the total amount of assets you have (liquid, real estate, stocks, bonds, CDs, etc.) how much (as a %) could you afford to lose in a lawsuit and still be able to live comfortably or retire?

6. Do you think you need International Asset Protection?

Let us send you our complimentary literature on International Asset Protection to educate you on the topic before you completely rule it out. Also, here are a few of the advantages to International Asset Protection to familiarize you with the option:

  • Non-uniformity of legal systems: There are many Asset Protection jurisdictions that do not recognize or enforce U.S. judgments.
  • Prospect of re-litigation discourages creditors: Due to the fact that certain protective countries will not enforce an American judgment or civil decree, a creditor must re-litigate their case within that foreign jurisdiction, which is commonly impractical, if not impossible. The best international financial centers impose procedural obstacles that effectively block creditors and litigation through complex laws that are predominately debtor-oriented.
  • Highly protective Asset Protection structures: Many Asset Protection jurisdictions have special laws that allow highly protective Asset Protection structures to be formed which offer substantially greater protection than offered by a comparable U.S. entity.
  • Privacy: Most Asset Protection jurisdictions are excellent privacy havens.
There are many more advantages to these Asset Protection plans and many jurisdictions to complete the planning in. Contact us today to see whether International Asset Protection may be right for you.

International Asset Protection has many advantages. The following are just a few of them:

  • Non-uniformity of legal systems: There are many Asset Protection jurisdictions that do not recognize or enforce U.S. judgments.
  • Prospect of re-litigation discourages creditors: Due to the fact that certain protective countries will not enforce an American judgment or civil decree, a creditor must re-litigate their case within that foreign jurisdiction, which is commonly impractical, if not impossible. The best international financial centers impose procedural obstacles that effectively block creditors and litigation through complex laws that are predominately debtor-oriented.
  • Highly protective Asset Protection structures: Many Asset Protection jurisdictions have special laws that allow highly protective Asset Protection structures to be formed which offer substantially greater protection than offered by a comparable U.S. entity.
  • Privacy: Most Asset Protection jurisdictions are excellent privacy havens.
There are many more advantages to these Asset Protection plans and many jurisdictions to do the planning in. Contact us today to see whether International Asset Protection may be right for you.

7. What type of commitment are you willing to invest into protecting your assets?

The typical investment commitment is usually proportional to your net worth. A billionaire client will surely need a few more layers of protection than a millionaire client and vice versa. It’s very important that you speak to a qualified Asset Protection Attorney to see whether your preferred investment is enough, too little, or just right. Also, please know that we can work within any budget.

8. Do you have confidence that the legal system would treat you fairly if you were involved in a lawsuit?

Litigation is uncertain in today’s day and age and can cost tens of thousands of dollars (on the low end), even if you win the case. There is generally a four to five year statute of limitations to file a contract based or personal injury based lawsuit (the statute of limitations varies by state), which gives creditors huge flexibility. Once a proceeding is started, your trial may be postponed over and over - which is a tactic many lawyers utilize. In the end, the judge or jury may decide against you – even if you have a great defense. And if you win, you will surely be hit with large Attorney fees regardless. The only way to really win, is to never be sued!

Litigation is uncertain in today’s day and age and can cost tens of thousands of dollars (on the low end), even if you win the case. The best strategy is to never become a party to a lawsuit. That’s really the only way you are certain to win. Further, if you have an Asset Protection plan, you undoubtedly have more power in a lawsuit. If all of your assets are protected, what does the litigant stand to win? Very little – which is an excellent bargaining chip.

9. Do you own any personal tangible property (cars, boats, snow mobiles, wave runners, RV’s, etc.)?

These types of tangible properties are huge liability producers. Cars get into accidents everyday. You, your spouse, or your child may accidently hurt someone else on the snowmobile or wave runner. You can be sued for a plethora of other reasons in relation to these assets, so it’s very smart to protect yourself from every angle. Make sure you title these tangible assets to protective entities and out of your personal name.

Consider protecting your home, real estate, checking and savings accounts, as well as any other assets that have a substantial value to your Estate.

10. Do you currently have an estate plan?

That is great! Make sure to update your estate plan as significant events occur in your life (marriage, divorce, new state of residence, children, financial changes, etc.). Also, regardless of these changes, your estate plan should be reviewed at least every five years for any outdated legal provisions.

You should immediately consider obtaining an Estate Plan since death is, unfortunately, guaranteed and certain to eventually happen. You don’t want your assets to pass to unintended beneficiaries! Also, most of our clients integrate their Estate Planning with their Asset Protection plans.