Asset Protection Planning
is proactive legal action that protects your assets from threats such as creditors, divorce, lawsuits and judgments. Call now to let our attorneys help you.
First and foremost, you must know, yes there are ways to hide assets from creditors, divorce and lawsuits. And you can do it legally. You need to take this action early, however to avoid the suspicion of defrauding a creditor. In other words, it is best if you act as soon as possible. There are a few ways to protect yourself after the fact. However, don’t wait until your opponent asks the judge to freeze your assets before you decide to transfer them to a trust or other asset protection entity. Then it would be too late. This website provides a wealth of information and a free consultation if you’d like. We will talk about how to move your assets legally and how to keep them safe.
Now, just to be clear, this organization utilizes a multitude of techniques. Some hide assets. Others actually protect assets. What’s hidden can be found. But what’s protected, even if discovered, is still protected. And we think that’s what most people want, anyway, asset protection. Many people search the internet using the word “hide” and that’s what may have lead you here. So, that is the main reason we will use both the words protect and hide.
So, to hide or protect your assets from creditors or divorce, there are a couple of obvious options for you. This website covers them extensively. For your personal assets, such as your home you can hide your ownership in a land trust; and your cars you can hide in title holding trusts. These documents can keep your association with these items out of the public records. There are several recommended domestic trusts discussed in detail right here on this page.
Domestic trusts do offer better protection for your personal assets than no trust at all. But the safest and most secure place for your liquid assets is an offshore asset protection trust. One of the most effective legal tools is the Cook Islands Trust. This trust has been court-tested and has a case law proven track record showing that it effectively protects assets. Not that we would set up asset protection for this purpose, but it has even survived challenges initiated by the U.S. government on two occasions.
The reason is this: the trust company resides outside of the jurisdiction of the U.S. courts. Therefore, they are not subject to U.S. court orders. Demands to repatriate funds fall on deaf ears. The trustees are reputable, licensed, bonded, insured international law firms with longstanding track records for safeguarding assets. Call for more information.
If you own a business, it would usually be wise to establish a business entity such as a corporation or an LLC. Corporations and Limited Liability Companies act as barriers between your business and personal life. They provide protection that sole proprietorships or partnerships do not offer. It so happens that this organization has expertise in setting these up. This company has over 40 years’ experience and a track record of customer happiness. So, if you own business assets and you have not yet created an entity for it, what are you waiting for? This needs to have been done last week for your and your family’s protection.
The main takeaway here is that these processes are best started before a lawsuit begins. If attempting to deprive creditors at the last minute after someone files a lawsuit against you, know that a court will take interest in your recent asset transfers. They may see the last-minute formation of a trust as a fraudulent conveyance. That is why addressing your asset protection today can be crucial to your financial safety. If someone has already served you with a lawsuit, or you know one is on the way, you can still institute an asset protection strategy. But know it is better, much better, to do so beforehand.
Moving your assets now, or before any hint of legal trouble, can help keep them safe and secured. Specifically, the use of offshore trusts and other asset protection entities makes it even more difficult for domestic financial predators to encroach on your wealth. The best part: this is perfectly legal. If something is legal and you are better off doing it than putting it off, it might just be time to take action.
Let’s create a little scenario to paint a picture to show how this is done. We will do this before bogging you down with the technical aspects of it all. Let’s say Jonathan has $230,000 worth of assets. They include home equity, funds in a savings account, and a paid-off RV. What Jonathan needs to do with these personal assets is to put them in the proper legal tools. You can place the home in a land trust and mortgage it to the hilt. You can put the RV into a title holding trust and borrow money using it as security. The liquid assets, including the proceeds from the two assets mentioned here, are placed into an offshore asset protection trust.
He’s smart because he’s doing it now, before he can even fathom a lawsuit coming his way. He reads the literature and knows the Cook Islands Trust, for instance, proves itself effective and consistently protects assets.
Jonathan now has the meat of his assets in an offshore trust. Wham! A lawsuit is filed against him, he’s a young doctor who is being hit with a challenging malpractice lawsuit that far exceeds his insurance limits. He knows he may lose the case. He also knows, however, that he has hidden his assets in the Cook Islands trust. His local courts do not have jurisdiction over foreign trustees, so taking them from him is hard if not nearly impossible to do. The most he stands to lose from the lawsuit is what is readily available domestically. Jonathan made the right choice.
Consider another point. You have a protection available to you if you are a business owner as well. This is especially the case if you have prudently formed an entity, a corporation or LLC, rather than remaining a sole proprietor. These entities do not protect against professional malpractice, such as a physician removing the wrong kidney. But they can offer protection against employee and contract liability.
Back to personal trusts. The Cook Islands Trust does not even recognize foreign judgments. Suppose a court is interested in seizing your assets and opposing counsel makes a phone call to the trust company. The most they will get is a someone who will turn a deaf ear to them, who is not subject to their jurisdiction. Essentially what this trustee is saying if they get a call like this is: “Sorry I can’t help you. It is my legal obligation to protect my client and their assets. Your courts don’t have any say-so here.” Again, this is perfectly legal. You can expect the trustee to carefully manage your assets only when you get into legal trouble. When that’s over, they simply put the ball back in your court.
There is a lot of negative information on the internet about hiding assets (in domestic or offshore trusts, by forming business entities, etc.). But creditors publish most of that information in order to throw you off course. You are likely to find these financial predators refer to people who make these intelligent actions as scoundrels, or deceptive. It’s clear what their goal is though. They want you unprotected so they have easy access to your money. Things become much easier for them when they find a defendant with “easy-to-reach” domestic assets. Most trial lawyers don’t produce. They take. They want a payday. And the way to get one is by taking from those of us who do produce.
That said, it’s important to ignore these persuasive, self-serving, and even cruel articles you may find on the internet to try to dissuade you from protecting or hiding your assets in a divorce or other lawsuit. Remember when we discussed that opening trusts and forming protective entities before legal trouble is legal? What these creditors who post their dirty laundry all over the web are doing is they are saying, “Yes, it’s legal, but we don’t like it.” Well, too bad!
Consumers are not at the mercy of creditors. That is, unless they allow themselves to be. Therefore, it’s extremely important to start the process of opening a trust, if appropriate for your situation, right now. Then form the other asset protection entities that suit your needs. Beat them to the punch. You are outsmarting them and you are legally doing so. Those with the means to sue the little guy will stop at nothing to get your assets, to line their pockets with your money.