Areas Of Practice

Asset Protection Planning

We live in a litigious society and many of our clients are justifiably concerned about structuring the ownership of their assets to reduce the likelihood of loss of significant assets due to claims of third party creditors. We take a thoughtful and methodical approach to dealing with asset protection. We start by carefully evaluating the type of risks that may affect particular clients and then recommend strategies that are appropriate to address those risks. We also make certain that clients and their advisors understand that there are significant limitations to the effectiveness of asset protection planning when dealing with existing claims. Thus, we emphasize that asset protection planning is best viewed as a means to provide meaningful protection BEFORE a claim arises.

We recommend that asset protection be accomplished in phases and that asset protection planning be viewed as a component of wealth transfer planning. Some of the specific tools we use in developing asset protection plans include the following:

  • Relying on federal and state statutory exemptions such as ERISA qualified retirement plans
  • Family Limited Partnerships
  • Family Limited Liability Companies
  • Self-settled domestic asset protection trusts ("DAPTs")
  • Equipment Leasing Companies
  • Accounts Receivable Pledges