Asset Protection

Like well-fitting clothes, one size does not fit all!  Good asset protection planning typically consists of different recommendations for different clients, depending on their particular circumstances. An asset protection plan might involve an offshore trust or entity, or a domestic trust in a U.S. state with asset protection statutes. It might involve an LLC or other business structures, a prenuptial agreement, or even a post-marital agreement. 

We consider all of these options, as well as all of the ethical issues associated with asset protection planning. We guide each client through the process of ensuring there is no fraudulent transfer, selecting the best jurisdiction for the plan, and avoiding unwanted tax consequences. We also consider control issues, retention of benefits where feasible, and consideration of existing or projected family plans.

We first conduct a thorough review of a client’s existing financial and personal circumstances, called an “asset protection audit”, to determine the client’s exposure and vulnerability to potential creditors. When appropriate, we then develop, recommend, and help implement an asset protection plan, undertake a detailed due diligence process to prevent any fraudulent transfers, and assist in the on-boarding process with the trustee, as needed.

Some of the structures we often implement in Asset Protection planning: