Asset Protection

Asset protection is the process of restructuring the ownership of assets in a way that provides the maximum protection against creditors, predators, divorce, taxes, and litigation available under the law. Asset protection can provide great advantages to owners of property, professionals such as doctors and lawyers, real estate developers, and even heirs or beneficiaries. Through proper planning, assets can be protected during the owner's life and during the life of beneficiaries or heirs.

Maximum asset protection can be achieved through the use of:

  • Entities such as limited liability companies and corporations;
  • Irrevocable trusts, such as domestic asset protection trusts administered in states with asset protection laws, discretionary trusts for spouses and other beneficiaries, trusts that hold retirement assets, qualified personal residence trusts (QPRTs), and qualified terminable interest trusts (QTIPs);
  • Insurance;
  • Maximization of available state and federal exemptions; and
  • Properly structured sales of assets.

Although there is no absolute form of asset protection, proper planning can eliminate or reduce cross liability between assets or businesses and greatly improve one’s ability to negotiate a fair and non-devastating settlement.

Creditor Protection Stratigies

When appropriate, we collaborate with advisors in states that provide optimum asset protection (such as Nevada, Delaware, South Dakota, Alaska and Wyoming), in order to customize plans for clients who are California residents and/or own assets located in California. These asset-protection states allow the owner of the assets to continue to enjoy the assets while offering creditor protection. In some cases, these trusts can also provide the added benefit of reducing income taxes in California.

Please contact us to discuss planning opportunities that may be available to you.

Copyright © the Law Offices of Jacqueline Real-Salas. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Some artwork provided under license agreement.

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The Law Offices of Jacqueline Real-Salas is a full service Estate Planning & Tax Planning law firm. They provide comprehensive planning in the areas of wills, trusts, powers of attorney, medical directives, advanced estate planning, income tax planning, probate & trust administration, probate avoidance planning, special needs trusts, disability planning and asset protection. Jacqueline Real-Salas serves clients and their families all throughout the Los Angeles Area, including Temecula, Pasadena, Murrieta, French Valley, North San Diego County, and the surrounding areas, cities and towns.

Copyright © IMS. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Some artwork provided under license agreement.