ASSET PROTECTION

Asset Protection is different based on each individual's needs and asset structures. While most "asset protective" structures attempt to "hide" assets overseas it is our goal to show you how to set up what we believe to be effective asset protective structures here in the United States. One very simple form of protection is seen below.

LIMITED PARTNERSHIPS

The field of Asset Protection involves tax planning, estate planning and lawsuit protection. Lawsuit protection area is a primary concern of many of our clients.

Lawsuit protection involves the use of one or more entities which can protect valuable assets from creditors and judgments. A very effective technique is an asset protection partnership. This entity is set up as a limited partnership with special asset protection features provisions. You alone or you and your spouse will be general partners with full management and control of all partnership affairs. The two of you will also be limited partners. Perhaps we will also bring in children or other family members as additional limited partners.

Typically, we transfer all or most of your personal and business assets into this partnership. The family house, bank or brokerage accounts, and other real estate investments will be transferred into the partnership.

In the event of a lawsuit or judgment, this technique is effective since generally your creditors will not be able to reach inside the partnership and seize any of these assets. Under California law, and the law of most other states, a creditor has no right to execute or levy on partnership assets with a judgment against one of the partners. This provision is contained in the California Revised Uniform Limited Partnership Act, which has been law since 1949.

Under the proper circumstances, the remedy that a creditor can use is called a "charging order." If any cash is distributed to you by the partnership, the creditor can take that cash to satisfy the judgment. If no distributions are made to you, the creditor receives nothing. The partnership can sell assets and retain or re-invest the proceeds; if no money comes to you, there is nothing for the creditor to take. A creditor cannot take your interest in management and control of the partnership and cannot take any assets of the partnership.

The specific arrangement which we recommend for you will depend on your particular circumstances, the business you are in, and the type of assets, which you own. If you are engaged in any business, or if you own property, you should take the necessary steps to arrange your affairs to maximize the income tax, estate planning and lawsuit protection techniques currently available. A lot of money can be saved if your plan is properly implemented.