ASSET PROTECTION PLANNING SERVICES

“Liability insurance is a must. But, it is often insufficient. That’s where the Asset Protection Plan comes in.”

“There is no ‘one-size-fits-all’  asset protection plan. And, doing nothing is the road to disaster. Many plans and planning tools work well for a majority of  clients. Some work well for many clients. Others work well for only a few. Only an experienced attorney knows the difference and how to design, prepare, implement and operate a customized asset plan appropriate for a given client and their circumstances. And, what should be done must be done before a creditor’s claim arises. After that point, it is usually too late.” STEVE YAHNIAN, Attorney/CPA, Yahnian Law Corporation

YAHNIAN LAW CORPORATION performs the following Asset Protection Planning services:

• Review and Analysis of Asset Protection Planning situations;
• California Private Retirement Plans
• Business Protection
• Corporations
• Limited Partnerships
• Limited Liability Companies
• Domestic Trusts
• Offshore Trusts
• Privacy Trusts
• Delaware Trusts
• Grantor Trusts
• Offshore Havens
• Equity Stripping
• Fraudulent Transfers Analysis
• Insurance Trusts
• Land Trusts
• Marital Agreements
• Poison Pill Agreements
• Qualified Retirement Plans
• Hybrid DAPTS
• Residence Trusts
• Irrevocable Trusts

Introduction to Asset Protection Planning

Asset protection planning is a set of legal techniques and a body of statutory and common law dealing with protecting assets of individuals and business entities from civil money judgments. The goal of all asset protection planning is to insulate assets from claims of creditors without concealment, tax evasion or violation of applicable fraudulent conveyance laws.

In summary, Asset Protection Planning involves legal ways to preserve your assets.

It is the process of:

• analyzing how title is held to each asset and
• within and with respect to certain legal parameters, structuring ownership in a way that provides  protection against
  • creditors,
  • divorce,
  • taxes, and
  • litigation

Properly analyzed, designed and implemented, asset protection can provide significant advantages to

• Business owners;
• Property owners,
• Professionals such as doctors and lawyers,
• Real estate developers, and
• Heirs or beneficiaries.

Through proper and timely planning before a debt arises, assets can be protected during the owner’s life and during the life of beneficiaries or heirs.

Planning must be done ahead of time and before a lawsuit arises. Asset Protection planning is not effective and may be unlawful with respect to debts, lawsuits, or the facts giving rise to the same, have already occurred.

Maximum asset protection can be achieved through the use of:

• Insurance;
• Available state and federal exemptions;
• Entities such as limited liability companies and corporations;
• Irrevocable trusts [including qualified personal residence trusts (QPRTs) and qualified terminable interest trusts (QTIPs)];
• Equity Strips; and
• Properly structured sales of assets.

Although there is no absolute form of asset protection, proper and timely planning can

• eliminate or reduce reciprocal liability between and among businesses, assets, and persons and
• greatly improve one’s ability to negotiate a fair and reasonable settlement.

Why Asset Protection Services may be needed

High-net-worth individuals and families often find themselves the targets of predatory lawsuits in California.  At YAHNIAN LAW CORPORATION, we work with you to protect your wealth by setting up legally permissible barriers between your assets and the people who might want to take them away from you.   A well-devised plan to protect the wealth you have accumulated is vitally important to you and your family. We use the appropriate legal tools and structures to limit you and your estate’s risk of exposure to lawsuits and future potential creditors.

What Asset Protection Planning Involves

Asset Protection planning involves several areas of law in the review, analysis, design, preparation, implementation and operation. It depends upon, requires knowledge in, draws upon and draws together the areas of Business Law, Estate Planning Law, Real Property Law and, many times,  Taxation Law, Family Law, Bankrutpcy Law and Personal Injury Law, among others.