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Avoid These Four Asset Protection Pitfalls

March 31, 2012 by Jeffrey A. Nirenstein, Vice President

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

If you have creditors, you should consider which asset protection strategies might be right for you. Asset protection is the shielding of your property from creditors, potential creditors, and others. While most people don’t realize it, the estate planning process includes a number of opportunities for you to use asset protection strategies to protect yourself and your loved ones. Here are four asset protection pitfalls you can avoid with estate planning:

  1. Ignoring Medicaid Planning. As much as we hate to admit it, we’re all aging every day. As we get older, the likelihood of a debilitating illness increases. Along with this comes an increased chance of the need for expensive long-term care. Without excellent health and long-term care insurance, an extended stay in a nursing home or other long-term care facility can wipe out your savings. One way to avoid this unpleasant prospect is to include language known as “Medicaid triggers” in your Trust. This allows your Trustee to engage in Medicaid planning on your behalf in case you become disabled.
  2. Not Considering Your Children’s Asset Protection Needs. Using a Will or Trust to make sure your property goes to your children at the time and in the manner you wish is an excellent first step, but it might not be enough. If your son inherited from you and later divorced, his ex-wife could walk away with a chunk of his inheritance. If your daughter inherited and used the money to make bad investments, your hard-earned nest egg could just disappear. When you build asset protection into Trusts for your children, you provide for them and protect their inheritances.
  3. Failing to Protect Special Needs Children. Millions of parents have children with special needs, and the death of a parent can be particularly painful for these children – both emotionally and financially. When you have a child with special needs, leaving her a direct inheritance can deprive her of much-needed government benefits. You can avoid this problem by creating a Special Needs Trust for your child. A properly-established Special Needs Trust lets you put a Trustee in charge of your child’s inheritance, preserving her benefits and allowing you to provide her with an excellent standard of living, even after you’re gone.
  4. Not Protecting Your Real Estate. If you own a farm, a ranch, a sole proprietorship, or rental property in your own name, you’re exposing yourself to unnecessary risk. If someone is injured on one of these properties, they can sue you and collect against all your assets, potentially forcing you into bankruptcy. If you own the property through a limited liability entity such as a corporation or a limited liability company (LLC), the injured party can only collect against the property owned by that entity. Your other assets are insulated from exposure, and your net worth is protected.

Asset protection is an important aspect of estate planning, not only for you but also for your children. An experienced estate planning attorney can help you determine which asset protection strategies are appropriate for your family.

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We are very pleased with the service we have received. The staff has been very helpful, professional & cordial. It has given us peace of mind to work on the estate planning. All of the information received has been very helpful.
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Very satisfied from the day of the seminar to when the trust took effect. All our questions were answered and any further questions we might have are only a phone call away. We will recommend this to all our family and friends.
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All of the staff were extremely professional & attentive and helped us navigate through the estate planning process with ease. As a result, we have piece of mind, as well as a clear step by step process to follow in the future. The take-home binder is an added bonus, and I know we will use it as a resource.
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Process was clear and concise. An important factor was to attend the seminar. The Review was thorough with detailed information, punctuated by reassurances that the firm can always be contacted. We would recommend this firm.
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This is a very difficult problem to face.- These people were a great help to us. They explained these matters clearly, professionally and kindly- My family will have an easier time dealing with this stuff. Now I can die in peace. The less of my estate the government gets, the better.
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Efficient, clear and helpful communication; clearly knowledgeable and an expert in estate planning and assisting clients; hospitable office staff; easy location to access; would definitely recommend to others interested in exploring and establishing trusts.
S.J.B.

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