Staten Island NY Asset Protection

By Frank Harris


Many individuals mistakenly believe, in our "enlightened" technological society, that they are perfectly capable of developing their own asset protection plan through materials purchased off the internet or the services of their local general practitioner. Unfortunately, nothing could be further from the truth. Individuals, internet document services and general practitioners are totally unaware of the myriad of issues and problems that must be resolved prior to the implementation of any Staten Island NY Asset Protection structure.

Wait for a lawsuit before planning - This is probably the most common mistake. When a lawsuit has been filed or is expected, it is too late. No asset protection plan will work. The judge will most likely rule that any structures created or assets transferred after the fact as fraudulent. An asset protection plan has to be put in place long before the threat of a lawsuit to be effective.

There are a number of different resource protection strategies that a person can pursue, in particular: Gift Giving. Although an inflexible strategy for the gift-giver, simply giving away resources will generally make those resources unavailable to satisfy a judgment against a gift-giver because the property at issue is no longer the property of the gift-giver. However, in circumstances where a judgment has already been awarded or the debtor is insolvent, such gifts may often be used to satisfy a judgment.

Only a lawyer can help me do this - Lawyers are knowledgeable on a number of subjects but property safeguarding is not usually one of them. Property safeguarding is not taught in law schools and most lawyers have not even traveled overseas. Therefore, unless a lawyer has a great deal of experience in collection or offshore planning, he/she is almost as clueless as the general public on this subject.

LLCs & Limited Partnerships. Although not as protective of resources as an irrevocable trust, Limited liability companies are much more accepted throughout the country as a means of providing liability safeguarding. In specific, LLCs can provide safeguarding for the owners/partners of the LLC from the LLCs creditors and can also provide safeguarding of the owner's/partner's interests in the LLC from the owner's/member's creditors.

It is widely known that a high percentage of lawsuits in the world are filed and taken to the court in the US. If you own an estate, chances are you will be a target. With a visible estate, you are the bulls eye. Creating a stealthy lifestyle will not save you, your resources are figured out by any creditor with good reasons to do so.

The main aim of Resource Protection is to arrange your business dealings in a way that raises the standards for the professional takers. It does not mean that an individual forgets to settle his debts. It means that a person will in control of them, and your resource protection plan is therefore a proactive measure in doing a self tort reform.

Asset protection is a requirement in these times when people have a keen eye for money. In general, the number of lawsuits filed each year project that on average, each person will be sued five times in his or her lifetime. You should therefore ask yourself the plan you are going to take when this time arrives and if at all you will be ready. It is a high time you start planning.




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