| 1 EO102 288615 5/14 | 1 EO102 288615 8/14 Not FDIC Insured May Lose Value No Bank Guarantee.
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Transcript of | 1 EO102 288615 5/14 | 1 EO102 288615 8/14 Not FDIC Insured May Lose Value No Bank Guarantee.
| 1EO102 288615 5/14 | 1EO102 288615 8/14
Not FDIC Insured
May Lose Value
No Bank Guarantee
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Asset protection:Preserving your net worth
• We protect our homes, cars, valuable possessions —even household appliances
• What about our wealth?
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Lawsuits target “deep pockets”
“How a jury decided that a coffee spill was worth $2.9 million”
Wall Street Journal, September 1994
“Mall sued over squirrel attack”Chicago Sun Times, August 2006
“N.J. woman hit with ball sues Little League player”USA Today, June 2012
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Are your assets at risk?• Do you own a home?• Are you in a high-risk profession? • Do you own a business?• Does your business have employees?• Do you own rental property or real estate investments?• Do you have significant personal savings or other valuable
assets?• Do you drive a car often?• Do teenage drivers live with you?• Do you have pets?
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A critical part of a financial plan
Investments
Insurance
Funding education
Planning for income in
retirement
Minimizing taxes
Saving for retirement
Comprehensivefinancial plan
Asset protection
Estate planning
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A two-part plan to protectyour assets
1Minimize yourrisks now
2Put a protection plan in place — before something happens
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What asset protection is NOT
• An excuse or vehicle for evading taxes• A method for hiding assets• A way to defraud creditors
Source: Asset Protection Planning Guide: A State-of-the-Art Approach to Integrated Estate Planning, Barry S. Engel, David L. Lockwood, and Marc Merric.
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Build your protection plan
This material is for informational purposes only. It should not be considered legal advice.You should consult with an attorney to determine what may be best for your individual needs
Basic components Complex techniques
InsuranceIncorporating your business
Titling assetsInsulating “hot” assets such as real estate
Homestead exemptions Equipment leasing andmultiple LLCs
Protecting retirement and college savings
Using trusts to protectyour assets
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Start with the basics • Identify and correct property risks• Review your insurance coverage• Purchase umbrella liability coverage• Apply for a homestead exemption • Be careful when titling assets• Identify and correct any potential risks associated with
property and real estate• Maintain positive personal and professional
relationships
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Are your retirement savings protected?Type of retirement account File for bankruptcy? No bankruptcy
ERISA plans:401(k), pension, profit sharing, ESOP
Full protection Full protection
Rollover IRA, SEP IRA, SIMPLE IRA, most 403(b) plans, Individual 401(k)
Full protection
Not protected at federal level, may receive protections at state level
Traditional and Roth IRA
Protected up to $1 million
Not protected at federal level, may receive protections at state level
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How college savingsare protected
Point of contribution 1 year 720 days
Made less than a year before filing: NOT protected from creditors
After 1 year, $5,000 is protected
Made more than 720 days before filing: 100% protected
Federal protection in the event of Chapter 7 bankruptcy filing
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Is your business putting personal assets at risk?
Business owners may be at risk of legal claimsby patients, customers, or employees
Without a formal business structure,your personal assets may be at risk
Select a method of ownership for your business to make it difficult — or expensive — for someone to access your assets
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Structuring your business
Business ownership Benefits Considerations
Corporation (C corp or S corp)
• Business owner does not bear personal liability for debts of the corporation
• May be more complex to establish and maintain
• Adverse legal judgment could result in plaintiff receiving ownership shares
LLC or LLP • Easy to establish and maintain
• Potentially better liability protection than corporations; creditor attachment may be limited to distributions, not shares of ownership
• Some states may allow creditors to attachownership interest of LLCor LLP
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Insulate “hot” real estate assets
Liability for one property won’t affect other properties or personal assets
Separate LLCs can insulate risky assets from personal assets
Personal assetsSummerrental
cottage• Primary residence • Bank accounts• Investments• Personal belongings
LLC #1
Apartmentbuilding
LLC #2
Commercialreal estate
LLC #3
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Example: Using leasing and multiple LLCs to protect assets
The medical practice leases office space and equipment from the LLCs
Equity in these assets is NOT contained in the medical practice, where it could beat risk
LLC#1Equipment
Medicalpractice
LLC#2Real estate
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Using trusts to protectyour assetsType 0f trust Asset protection considerationsIrrevocable trusts • Typically prevent trustee from making distributions
to satisfy creditors of the trust beneficiary
Offshore orforeign trusts
• Trustee is not subject to jurisdiction of U.S. laws and courts
• Creditors may find these assets more difficult/expensive to target
• Certain court cases have exposed limitations
Domestic asset protection trusts
• Trustee and beneficiary are same person• Designed specifically to protect assets from
creditors• Relatively new, available in a few states; lack of
existing case law to provide precedent of their effectiveness
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Your action plan• Meet with your financial advisor• Review current assets and determine your net
worth• Take care of basics, such as insurance
coverage• Identify and minimize any prevalent risks• Consult with an attorney
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