Monday, April 14, 2014

Why Asset Protection Planning Is Important Today

By Anita Ortega


How you and your family survive tomorrow may depend on what you own today. Nevertheless, creditors may want to take your assets at times. The best course of action therefore is to protect your wealth today against future claims or retrievals. Granted, developing an asset protection planning is a good thing; what is even better is having background knowledge of tax and bankruptcy laws.

Just to be clear, the asset protection plans are never a means to forfeit your responsibility to the creditors or taxman. Rather, they are meant to secure your property, money, retirement accounts and even cars from creditors in a legal way. In fact, the decision to protect assets should be influenced by your lifestyle, net worth and short term or long term financial goals.

Some individuals need this planning more than others. For instance, those who are likely to suffer an economic setback (thanks to risks involved with their business) need more protection. Needless to say, this is not a form of escapade, a means of underestimating the wealth of an individual or trying to siphon money from trust fund. It must be for good intentions alone

Contrary to what most people may believe, individuals and families are not the only beneficiaries of asset protection plans. In reality, many entities can fall under a good plan. For instance, a dynasty trust or business unit can benefit from legal protection. Overall indemnity policies, secret trusts, limited liability firms and even trust for people with special needs can all be protected.

Individual arrangements and family trusts make another group of assets eligible for protection. Your plan may also involve offshore corporate trust and investing schemes in some cases. In some jurisdictions, credit shelters and such like can be protected legally.

The key rule to effective planning is doing it in time. It will serve you right if you were to plan before claims arise to avoid lawsuit(s). Now, late plans may not just make things worse for you but can attract bankruptcy charges. You may even end up paying the creditor legal fees in some cases.

As long as the process follows due steps, the planning carries with it some advantages. It provides time to assign your liquid assets accordingly. In fact, reclassifying your money makes it difficult for the lenders to claim such in the event you go broke or unable to repay your debts in time. On the other hand, the program shields property from legal claims. It is important to mention that only unsecured wealth can be subject to a court case.

Another benefit of property plan is that it fills in the gap left by your insurance cover. It is a fact that every insurance policy has a limited scope thus would never cover all your assets. With a plan to protect your assets, you can cover all the important properties and protect them against creditors. Last but not least, you asset plan guarantees the safety of your money even if you were to lose your job. In fact, under a good plan, you are never susceptible to claims (no matter the nature of financial constraint you end up in).




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