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Copyright (c) 2009 Jeffrey Matsen
As we all know, during the last decades of expanding theories of liability and the proliferation Litigation has been a greater emphasis on asset protection planning insofar as it is now a well recognized area of practice. However, traditional Estate Planning has always covered the concepts of asset preservation and protection. Consequently, all those business owners, physicians and other professionals as clients need to be able to integrate our heritage with enterprise planning and asset protection planning in order to contribute adequately to the needs of our customers. Certainly the field of asset protection planning is a concern for all these types of customers.
Why has there been such an increase liability risk for the last thirty years? There are several reasons, the main are:
Attorneys 1.Plaintiffs 'have made enormous contingency fees in malpractice and other claims and class action lawsuits. Obviously, the remuneration of such units legal action.
2.The deep pocket theory in which "have nots" want a piece of the assets of those "who have".
3.We live in a victim-oriented society, where everyone tries to blame the financial reward attached to it to someone who has the financial resources to pay.
4.The increase in media and society more aware of the outcome of complaints of high visibility for these demands and creates a public ready and willing for the plaintiffs.
Business owners, doctors and other professionals are particularly high profile targets, because public perception of the richness of these types of individuals. The lawyer's job is to help these types of clients in the creation and organization of its assets and affairs in a way that successfully transfer their legacy to their heirs in the most orderly way of tax savings, while at the same time preserve and protect their assets during lifetime.
I like talking about the implementation of the three P's:
* To preserve assets for their heirs and families by structuring of appropriate estate plan and reducing death taxes.
* To protect the assets during your life by creating institutions and armored responsibility reduction financial profile
* The process by properly plan the design and implementation of strategies for the most practical and clever.
I've designed a significant and fundamental approach to address all legal and fiscal problems of business owners, doctors and other professionals through the implementation of the three "P" for systemic levels I call "The Ladder of Success". Each step in the scale or level of the strategy provides asset protection and immediate benefits of succession planning. Some or all levels of the full scale will apply to every business owner, depending on medical and occupational individual state professional development and equity. The steps on the stairs and levels of the strategy are:
Level One: The Same institution Business: This is the entity that should safeguard and protect the business owner or professional direct claims against the company in operation. There are also several tax and management issues to be addressed at this level that deal with managing the client's business.
Level Two: Basic Estate Planning: These are the fundamentals of real participation Planned revocable trust, pour over wills, durable powers of attorney, health directives and Medical Record Release Forms. This level has to be integrated with all other levels so that the whole plan is coherent and well coordinated.
Level Three: Civilian Planning and Exemptions: At this level, review and revise the exceptions such as ERISA plans, settlements, insurance and annuities. Many of these exemptions are driven by state law and must be analyzed in the state of residence basis. Civilian planning can be very important with regard to the division of property between working and not working spouse and, in some states is essential as to how to how title is held over the married couple.
Level Four: Liability Entities Protected investment case: It is especially important to protect the property claims that may well be beyond or outside the limits of insurance coverage and limited liability company seems to be the best vehicle for this purpose. Other types of investments also may be placed on limited liability companies for additional protection.
Level Five: Planning with Modular Domestic Asset Protection Trusts: As we all know, many states have adopted and legislation favorable asset protection trust as Nevada, Delaware and Alaska. This means that the domestic asset protection trust can be used to hold title to the interests of members of limited liability companies which have underlying investment assets.
Level Six: Modular Offshore Planning Foreign asset protection with Trusts: For customers who have sufficient liquidity and preferably some international connections or attributes, offshore asset protection trust can be used as the owner of limited liability companies in offshore investments and capital can be placed. Because the jurisdictional limitations involved, this method maximizes the potential of asset protection for the customer.
Level Seven: Advance Techniques Estate Planning: This level is examined Estate more advanced asset protection and planning techniques as grats, annuities and private QPRTS well as certain types of vehicle insurance. In conclusion, taking into account the concerns of practitioners and clients who are business owners in this differentiated analysis program, conservation, protection and prosecution of Finance and Asset Protection Planning for all can be accomplished.
About the Author:
Jeffrey R. Matsen helps his clients structure their business and personal assets in the best way possible to preserve, protect and transfer them in the most efficient and tax saving manner. For further information go to => http://www.wealthstrategiescounsel.com
Article Source: ArticlesBase.com – What Every Physician, Business Owner and Professional Needs to Know About Asset Protection
Wrongful Death Lawyers California, Nevada, San Francisco, CA