February 20, 2013

An article in Forbes likens asset planning to “taking chips off the table in good times, so that you can still walk away from the table a winner.” With that idea in mind, the article offers several tips for protecting your assets from creditors.

One of the first things you can do to protect your assets is to have a plan for asset protection before a claim even arises. This is important because creditors can potentially undo many asset transfers undertaken after a claim arises under various “fraudulent transfer” laws. Moreover, if a creditor is successful in undoing a fraudulent transfer, he may also be able to hold the debtor, as well as anyone who assisted in executing the transfer, liable for attorney fees.

Clients must also realize that asset protection is not a substitute for having a proper insurance policy. Asset protection, rather, should be seen as a supplement to one’s liability and professional insurance plans. Moreover, in the event of a lawsuit, proper liability and professional insurance will pay to defend and settle the lawsuit. An asset protection plan will not.

A final note offered by the article is that asset planning should be based on the underlying assumption that creditors will be aware of and understand the purpose and extent of your asset protection plans.