ASSET
PROTECTION
- Assets Exempt from Creditors. Assets held jointly by husband and wife exempt from creditors of either husband or wife. Retirement accounts. Annuities and life insurance. Other statutory exemptions.
- Asset Protection with Business Entities. Multi-member limited liability companies. Corporation ownership of assets. Partnerships structured to avoid creditor attachment.
- Homestead. Principal residence protection from creditors during life and after death. Restrictions on devise and alienation. Residency and ownership requirements. Real estate tax exemption and assessment increase. Maintenance of exemptions. Federal and taxation preemption considerations
- Utilization of Irrevocable Trusts. Creditor rights to trust assets. Use of discretionary trusts as a bar to creditors of beneficiaries. Self-settled trust issues.
- Fraudulent Transfers and Conversions. Considerations inherent in asset protection cases. Estate and financial planning considerations of transfers. Present creditor vs. future creditor analysis.
