Asset Protection

Competent asset protection planning is one of the most underserved areas of estate and financial planning. Unfortunately, many people have a negative view of the term asset protection without fully understanding the concepts behind it.  While many firms offer “products”, preboxed solutions to fit everybody, this field is one of the most complicated and involved areas of law.  It is designed, in a nutshell, to allow people or businesses to protect the property, money and businesses from an unexpected lawsuit or claim; as well as reducing their liability exposure to all claims as much as possible.

Most of the people who decide to get this service do so for one of the following reasons: they are in a legally risky profession (physicians, dentists, attorneys, architects, engineers, accountants, finacial advisors, etc); they engage in risky endeavours (extreme sports, race cars, skydiving, etc.); they own or invest in businesses often subject to lawsuits (rental property, restaurants, night clubs, retail stores, logistics, etc.); they  have fiduciary positions which open them to law suits (trustees, directors of public companies, politicians, etc.); or they have life events in which potential fiancial exposure is a concern (selling a business, retirement, marriage or receiving a large inheritance).

The actual process is varied and needs to be specifically customized to the individual situation and assets.  Simpler solutions are often used to minimize exposure when there is less concern regarding a suit, but more complicated solutions are generally multi-tiered and involving a number of strategies. At The Burton Law Firm we are quick and responsive to these issues, enjoy a high level of knowledge in techniques and tax implications, and maintain relationships with trust companies, fiduciaries and attorneys throughout the U.S. and internationally. Some planning strategies utilized by The Burton Law Firm include:

  • Limited Liability Companies
  • Self Settled Domestic Trusts
  • Self Settled Out-of-State Trusts (Wyoming, Alaska, South Dakota, Delaware, etc.)
  • Foreign Asset Protection Trusts (Cayman Islands, Bahamas, Channel Islands, Panama, Nevis, Cook Islands, etc.)
  • Loan Agreements
  • Buy/Sell and Shareholder Agreements
  • Poison Pill Agreements
  • Transmutation Agreeements
  • Qualified Personal Residence Trusts
  • Interfamily Gifting Strategies

 

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