Frequently Asked Questions
Q: What is asset protection?
A: We can create a plan that works within your budget and offer you a shield between your hard earned wealth and the financial predators that exist in the world. We use a variety of structures including LLC’s, FLP’s, Living Trusts, IBC’s, Offshore Trusts, and other techniques that make you invisible and judgment proof. Remember what John D Rockefeller said: “own nothing and control everything”.
Q: Why protect my assets?
A: On average, you will be sued 5 times in your life. Litigation has gone beyond the original intent of correcting wrongdoings. Litigation has now become big business. Watch any network TV station for more than 30 minutes and you are certain to see a commercial for legal services. These commercials wouldn’t exist if this wasn’t a lucrative business. The larger your wealth, the more susceptible you are to loss from litigation. It is always better to create the proper asset protection plan before you need it than after you have been served a summons.
Q: How does a creditor or his attorneys find my assets?
A: With the internet age upon us, locating your assets is as easy as going to one of the many websites that offer this service for a very low fee. Of course, with the proper plan in place, you can become invisible.
Q: I have a small business that is an S Corp. Doesn’t that protect me?
A: Yes and No. A properly structured asset protection plan not only protects you from your asset, but it protects your assets from you. An S Corp for your small business is a good first step, but if you were involved in litigation involving a car wreck for example, you could actually lose that business in a judgment.
Q: Is asset protection legal?
A: Absolutely! Asset protection has been practiced by the wealthy for decades. They use every available tool and strategy to protect a lifetime of wealth accumulation. Every strategy that we employ are 100% legal and can offer you “sleep at night” insurance.
Q: Why can’t I just call my attorney and have him draft a plan?
A: You can, but you may find a reluctant attorney who has his own self-interest in mind with your asset protection plan. What I mean by that is that attorneys are at risk with their state Bar Association if it appears they have assisted a client in hiding assets. From that standpoint, an attorney may be overly conservative in your plan due to his own selfish reasons. There are attorneys that specialize in many aspects of law like criminal, corporate finance, family, malpractice (aka ambulance chaser), and many other specialties. Asset protection strategies are not taught in law school. We use attorneys that specialize in asset protection law, but for this reason most attorneys recommend an outside firm such as ours for their own clients’ consultations.
Q: Can I just transfer my assets into my wife’s/brother’s/dad’s name in order to protect my assets?
A: The short answer is yes, but it is a terrible idea. This is the easiest thing for the courts to unwind and the oldest trick in the book. The courts are aware of this and it is usually one of the first things they look for when you are sued. If you transfer an asset to your wife/brother/dad without getting any just compensation, this can be considered fraudulent conveyance and the assets are easily taken by the courts.
Q: Why not just use one of the web based companies that offer cheap LLC’s or trusts?
A: There are many reasons, but it boils down to you get what you pay for. You can pay $500 for form an LLC, but you get a boiler plate operating agreement, or no operating agreement, that is not written to protect your assets from litigation. Our operation agreement is approximately 75 pages long and has stood the test of time. You do not get the benefit of decades of experience in crafting a strategy that works with the LegalZoom’s of the world. Our plans are designed specifically for your needs and offer true peace of mind while the boiler plate LLC’s only offer false hope.
Q: I have heard a lot of scary news stories about offshore business entities and offshore bank accounts. I am not interested in getting into trouble. Are these strategies legal?
A: Absolutely! We do not condone any illegal activity with regards to your offshore entities or with your domestic entities for that matter. Owning offshore business entities is completely legal and done every day by thousands of companies in the US and around the world. What is not legal is evade taxes and laundering money. This is what is getting the negative press.
Q: Do I really need an offshore entity?
A: In most cases the answer is no. An LLC or LP can offer all the asset protection most people need for a lower cost. For those with liquid assets over $250,000, offshore may make the most sense.
Q: I only own a home, a small business, and a couple of rental houses. Do I really need to protect my assets?
A: Most definitely. While you may not have millions of dollars of assets, you have worked very hard to accumulate your wealth and it only takes one situation with your rental house, a party at your home, or a fatal car crash to wipe out a lifetime of work.
You never know when your next tenant is going to start a meth lab in the basement and leave you liable for serious losses due to no fault of your own.
Q: How can I be sure I am working with a reputable company and not a scam?
A: First and foremost, we only accept payment by credit card for both your protection and ours. From our standpoint, it is the only logical way to collect our fees, but from your standpoint, it offers you the ability to dispute any credit card charge if you feel you did not get what you paid for. We use Paypal for our secure credit card processing. We are happy to meet with any client face to face for an additional fee as well.
Q: What is a charging order?
A: A charging order is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs.
