Tuesday, April 15, 2014

Why Asset Protection Planning Is Important Today

By Anita Ortega


The kind of assets one has today can define their tomorrow. However, there are situations where creditors can repossess these assets. So, wise people have strategies to protect their assets against liens, repossession or lawsuits. In most cases (and depending on the financial situation of an individual), asset protection planning may require some knowledge on Bankruptcy Laws, Estate Planning laws as well as Tax laws.

Just to be clear, the asset protection plans are never a means to forfeit your responsibility to the creditors or taxman. Rather, they are meant to secure your property, money, retirement accounts and even cars from creditors in a legal way. In fact, the decision to protect assets should be influenced by your lifestyle, net worth and short term or long term financial goals.

It suffices to say that individuals with the potential of undergoing insolvency (due to the risks attached to their investments) need the program the most. It is worth reiterating that even for these individuals; this program is not a means to hide an individuals wealth. In fact, it should not give way to misappropriating funds from a trust.

In spite of the common belief, the asset protection laws do not just serve individuals and their families. In essence, this process covers more. Apart from the business entities (such as family limited liability companies), a dynasty bank can be protected as well. Special and secret savings can also be part of a plan. Better still, comprehensive insurance plans are also eligible for protection.

Individual arrangements and family trusts make another group of assets eligible for protection. Your plan may also involve offshore corporate trust and investing schemes in some cases. In some jurisdictions, credit shelters and such like can be protected legally.

Doing everything early is the best ways to conduct planning. You do not have wait until you sense a lawsuit or receive a demand letter before commencing the protection plan. Such late plans may lead to complete loss of property after a expensive legal battle.

If done properly, this kind of strategy has a number of benefits. First, it helps you to categorize your liquid assets in a way that creditors cannot pursue them. In fact, the more liquid assets you have in checking account, for example, the easier it is for creditors to recover it. Planning also reduces the chances of lawsuit as most of your property is protected. You should know that creditors can only sue you for unprotected property and the fewer such are the better for you.

Another benefit of property plan is that it fills in the gap left by your insurance cover. It is a fact that every insurance policy has a limited scope thus would never cover all your assets. With a plan to protect your assets, you can cover all the important properties and protect them against creditors. Last but not least, you asset plan guarantees the safety of your money even if you were to lose your job. In fact, under a good plan, you are never susceptible to claims (no matter the nature of financial constraint you end up in).




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