Asset Protection in Financially Unsafe Times

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Asset Protection in Financially Unsafe Times by Ryan Fowler. Table of Contents

  1. Chapter One: Liability Threats and Why You Need Asset Protection9
  2. Chapter Two: Asset Protection Fundamentals 21
  3. Chapter Three: Eleven Sound Planning Principles 35
  4. Chapter Four: Benefits and Psychology of Asset Protection 47
  5. Chapter Five: Fraudulent Transfers 53
  6. Chapter Six: Exemption Planning 73
  7. Chapter Seven: Co-Ownership Planning 87
  8. Chapter Eight: The Corporation and Limited Liability Concepts 95
  9. Chapter Nine: Limited Partnerships and Charging Order Fundamentals113
  10. Chapter Ten: Using Limited Liability Companies for Domestic Asset Protection 131
  11. Chapter Eleven: Trust Fundamentals 151
  12. Chapter Twelve: Trusts for Asset Protection 159
  13. Chapter Thirteen: Trusts for Estate Planning 173
  14. Chapter Fourteen: Cutting-Edge Trusts 197
  15. Chapter Fifteen: The Equity Stripping Strategy 209
  16. Chapter Sixteen: Investing Offshore to Protect and Grow Wealth in
    Perilous Economic Times 223
  17. Chapter Seventeen: Offshore Planning Fundamentals 239
  18. Chapter Eighteen: Asset Protection a Judge Will Respect 249
  19. Chapter Nineteen: Using Phantom Income to Lay a Tax Trap for Creditors 261
  20. Chapter Twenty: Pre-Divorce/Pre-Marital Planning 267
  21. Chapter Twenty-One: Asset Protection and the IRS 273
  22. Appendix: The Asset Protection Relative Efficacy Chart 283
  23. Last Step 293
  24. References 308
  25. Index 317

Book Excerpt; Introduction

Protecting yourself against the unexpected is a vital element in financial planning. This means having adequate protection against all forms of financial exigencies that can erode — if not completely eliminate your wealth. We wrote this book because there is a need for more legal and financial professionals to advise their clients on the many ways they may go about protecting their wealth in these financially perilous times.

The mention of wealth protection can take on many dimensions. It certainly includes economic hazards — such as market downturns, inflation or confiscatory taxes. And those are serious concerns. Fortunately, most financial advisors focus on these concerns and prepare their clients for these possibilities quite competently.

We discuss these same concerns within this book — but our writing has a somewhat different focus. We address the more commonly overlooked planning issues – strategies one can take, indeed, must take — to protect their wealth against such predatory threats as lawsuits, creditors, tax claims, bankruptcy and the many other life challenges for which so few of us are well-prepared.

Who can benefit from this book?

Our objective in writing this book is to present asset protection strategies at a level that would be comprehensible, useful and hopefully even interesting to the professional and their clients. The term professional in this context does not mean attorneys exclusively, though attorneys who are unfamiliar with asset protection practices will certainly find much information here that can increase their knowledge of the subject.

Financial planners, accountants and insurance professionals also have clients who can benefit from their advisors bringing to the planning process an appreciation and understanding of the need for asset protection — as well as solutions. This book will certainly help the non-attorney professional work more collaboratively with asset protection attorneys in creating comprehensive, integrated plans appropriate for their clients needs.

A Guide for Asset Protection Professionals and their Clients

More than a professional treatise, this book is written at a sufficiently basic level to be helpful to the client — the layman who has little or no familiarity with asset protection. It will help those:

  • from every economic background
  • who are now unprotected against lawsuits or have a plan in place and
    seek ways to improve their protection
  • who need to protect their own wealth or their clients wealth
  • who need to shelter not only their personal assets but also their business
    or professional practice
  • who are starting out in life and want to secure their future wealth or are
    in their twilight years and want to safeguard their nest egg or children’s
    inheritance
  • who want to integrate wealth protection with their investment, tax and
    estate planning objectives

How to Use Asset Protection In Financially Unsafe Times

These pages explain the same proven, practical strategies that anyone can use to protect their wealth. These are the same tactics and tools that we, as asset protection specialists, have used to successfully shield the wealth of thousands of individuals, families and companies nationwide.

Nevertheless, this book is not intended to promote ‘do-it-yourself ’ planning. Asset protection is a highly complex legal specialty and every plan must be customized to the needs of the client after considering a broad range of issues. Many strategies in this book may not be suitable in a particular set of circumstances and may carry unfavorable tax, estate planning or other legal or financial consequences.

Therefore, the reader is advised to take no action without consulting a qualified asset protection advisor. Moreover, laws change and vary between states, and any statement made in this book can only be taken as a general proposition and subject to exceptions. Accordingly, the authors and publisher disclaim any liability for any action taken or not taken in reliance on the information in this book. We do hope the reader will find this to be a valuable reference and armchair advisor on how to protect the wealth they have worked so hard to build!