joi, 24 octombrie 2013

Why You Should Understand What Is Asset Protection

By Kelly Wood


In these times when the economy is still slow in growth and financial uncertainties are affecting many people, it is important to think about protecting your assets. Many people may ask the question, What is asset protection, and the answer to this query is simply safeguarding your assets from people or institutions that could take it away by means of lawsuits, taxes, penalties, repossessions.

If you are in a debt and the creditor files lawsuits to recover the debt, them your property is put at stake and you may lose it if the creditor wins the case. Moreover, if you are involved in a road accident and you are at fault, you could be subjected to a lawsuit, which also risks your property being repossessed to pay for the damages. These are real life experiences which can happen when you least expect them.

When purchase a home premise and you reach a situation where you are not able to repay the mortgage, the lenders may file lawsuits in court to recover the house. Car accidents can occur and you are at fault in causing the accidents. When this happens, you are subjected to a legal process to pay for damages you caused on other people and properties.

Such damages can be costly and if you do not have the finances, your property may be targeted for auction to recover that amount. Life has many risks and some of these uncertainties come when you least expect. Consumers lose their properties in lawsuits in complex situations because they have not taken the frontline in safeguarding their properties.

If you have lawsuits where creditors have filed lawsuits in court, you cannot defraud them because if you try to transfer assets so that creditors cannot access them, the court can reverse such transfers. However, you can start planning now before it is too late. This process requires a qualified attorney who understands the ins and outs of assets protecting techniques.

During the old age, credit card debts seem to be increasing, something that is compounding the problem of assets and wealth management. The states laws protect judgment creditors who have filed lawsuits from people who try to transfer assets in fraudulent means to keep the creditors from reaching them. People who are facing lawsuits may fraudulently transfer their assets out of their name in a bid to intentionally delay, hinder, or defraud creditors.

The court will reserve such transfers and your property will be at risk of being repossessed. However, you can start now in safeguarding your property from future creditor claims and lawsuits. Besides an assets plan, you also need to have a comprehensive estate plan, which addresses issues such as persons who are entitled to take care of your assets in the event that you become mentally incapacitated.

The protection of assets may involve forming family limited liability companies as well as irrevocable trust for spouses, children, and other beneficiaries. Other methods that may be applied to protect assets include retitling certain assets, creating family limited partnerships, and maximizing contributions within the IRAs. By learning more about what is asset protection, you can understand the different ways you can protect your assets.




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