Asset protection planning involves making prudent decisions today to protect yourself, your business, and your hard-earned assets from loss due to lawsuits, creditors or bankruptcies. Asset protection planning is especially prudent for professionals and business owners, whose personal assets could be at risk due the nature of their employment.
Statistically and anecdotally, we all know that the number of divorces, lawsuits and bankruptcies is staggering. While no one believes lightning will strike them, wealth created through a lifetime of work, saving and investing can be lost overnight if these forms of man-made lightning do strike. To protect your assets from such disaster, proper risk management strategies should be given careful consideration. These strategies include exempting your assets from the claims of creditors, limiting your liability through legal entities, and transferring your risk through insurance.
State and federal laws exempt some of your assets from the claims of creditors. Important to note is that while some states allow you to choose either the state or federal exemptions, in others you must use the state exemptions … and federal bankruptcy exemptions are not available.
Once you have identified the protected asset classes available to you under applicable law, it may be prudent to maximize your protection by converting non-exempt assets into exempt assets.
Many entrepreneurs operate their businesses as sole proprietors rather than through a legal entity, such as a Corporation or a Limited Liability Company. Whether their business is home-based or in the Fortune 500, these business owners are attracted by the informality of sole proprietorship. They also do not want to incur legal fees to create and maintain a legal entity. However, in addition to other advantages, conducting business through a legal entity may offer substantial risk management benefits.
While lawsuits brought against a sole proprietorship are really lawsuits against the owner’s personal assets, lawsuits against a properly created and maintained legal entity are really lawsuits against the entity’s assets. Nevertheless, the selection of an appropriate legal entity is critical for managing your risk.
When was the last time you reviewed the details of your liability insurance program with your insurance professionals? Are your policies current? Are the coverage limits adequate and are the deductibles reasonable? Have you scrutinized the policies for loopholes? Remember: the fundamental philosophy of any insurance coverage is to pay a premium you can afford to transfer a risk you cannot afford. During your asset protection planning, take time to understand both the risks you have retained and the risks you have transferred.
If you have questions about how to protect your assets, schedule a call with us today. Click here.
Curran Estate prepared an Estate planning portfolio for my husband and I. The staff were very friendly and knowledgeable. They took the time to answer any questions and everything was done in a timely and professional manner.
Rhonda GartlandMarch 21, 2024.Rose is the best. I continue to recommend Rose, and Curran to everyone. I truly do!!!
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Ann ThielkeMarch 7, 2024.This law firm helped our family with a complicated situation of one parent in a nursing facility and the other parent living at home. Thank you so much for your help and compassion..
MaidmariondesignJanuary 6, 2024.I can not say enough about how thankful my brother and I are for the help we have received from Susan, Lois and Sean for our elderly Aunt. When we first met with them, our Aunt was in the process of moving from an independent living situation into personal care. To our dismay, the care she received after this move was extremely inadequate and bordered on neglect. Susan spent hours helping us find and set up appointments with several other personal care facilities and we were able to move her within a week and a half. Once she was settled in, Lois worked with our Aunt to make sure her will and living will were up to date. Susan and Lois were so caring and patient with both our Aunt and ourselves, they made a very stressful situation much easier to handle. Sean has also been a huge help as we navigate selling our Aunt's property. We have been extremely satisfied with all aspects of guidance and services provided for the care of our Aunt.
Tammy TaylorDecember 12, 2023.Recently, I had some concerns around elder law and Sean walked me through of all them, in detail, and helped me understand what to expect in coping with the cost of providing care to an aging parent. The matter was handled with the utmost empathy and professionalism and I would highly recommend their offices to anyone.
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Kelly CarbonaraNovember 13, 2023.The staff is always extremely pleasant and helpful. Rose Kennedy does a fabulous job of taking the time to explain everything, more than once if need be, and willing to answer any questions.
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