Most people would agree that it is not easy to reach your financial goals and accumulate a significant store of wealth.  For those fortunate enough to achieve this objective, the focus should shift to balancing wealth accumulation with various asset protection techniques.
Various reports have concluded that the number and size of lawsuits brought against wealthy individuals is on the rise.  Unfortunately, most people fail to address this need until after a liability already exists. Unfortunately, most asset protection opportunities are no longer available at such time because of fraudulent conveyance laws.
When it comes to asset protection planning there are a number of different strategies that should be considered.  The best techniques to utilize to accomplish this objective vary considerably on a case-by-case basis.
Many people use Nevada limited-liability companies for asset protection. Nevada has some of the best laws in the country designed to protect a member’s interest from attachment by his or her creditors.  These entities can also provide significant tax advantages as interests in a limited-liability company can be transferred among the family members at a discount for gift tax purposes.
Other people use a Nevada asset protection trust to protect their assets.  Nevada is one of a limited number of states that allow a person to create an asset protection trust for oneself.  Nevada’s asset protection trust law became effective on October 1, 1999, yet many doctors, business owners, corporate executives and other high net worth individuals still have not taken advantage of this opportunity.
Assets transferred to a Nevada asset protection trust are generally protected from the transferor’s creditors two years after the transfer to the trust. Nevada law is superior to the laws of many other domestic asset protection jurisdictions in this regard since the required waiting period in most of the other jurisdictions is four years. The trust instrument must be irrevocable in order to provide the desired protection. However, the trust may be structured so that it can be modified by the trust creator to change the beneficiaries at the trust creator’s death.  In this way a Nevada asset protection trust can be designed to be very flexible despite being irrevocable.
Some people will combine the Nevada asset protection trust with one or more Nevada limited- liability companies in order to provide two layers of protection.  Used in combination these strategies can make it very undesirable for a creditor to pursue the assets contained within these structures.
To provide some sound information to people here in northern Nevada we have prepared a number of free special reports. These reports are available to you for download at any time, and one of the reports covers asset protection strategies.
If you are interested in protecting what you have earned from creditors, claimants, and former spouses you may want to access the information that is contained within this report. To access your copy click this link: Free Nevada Asset Protection Report.
If once you have read the report you have questions or would like to schedule a free consultation, we invite you to contact our firm. We can be reached by phone at (775) 823-9455.

A Revocable Living Trust is an excellent estate planning tool for those who want to avoid probate and keep their estate private. Did you know, however, that your Living Trust is not safe from creditors, divorcing spouses and negligence lawsuits?

Why Not

When you create a Revocable Living Trust, you will remain as the Trustee and Beneficiary until you pass away or suffer a mental disability. If you become disabled, your successor trustee will step-up, while you remain simply as the beneficiary. While you are alive, you will have complete control and benefit of your assets. For this reason, these assets are considered part of your personal estate and can be available to satisfy a judgment creditor.
Another reason your Living Trust is susceptible to creditors, lawsuit plaintiffs and divorcing spouses, is that you can remove property from your Trust at any time. Throughout your life you will fund property into your Living Trust, and also remove it as you please. Because your Trust is revocable and you can remove assets, a judgment creditor could force you to remove an asset to settle your debt.

What To Do

Asset protection is important for you, your spouse and your children. If you have a Revocable Living Trust, you should consider additional planning methods to protect your property and your children’s inheritance. Asset protection is more complex than the basic creation of a Will or Living Trust. Your attorney will work with you to determine your lifetime financial goals and what you will need to leave out of protection for use during your retirement years.
Some asset protection methods include special retirement accounts trusts, Family Limited Liability Companies and Irrevocable Trusts for the benefit of your heirs. Keep in mind, once you place assets in an Irrevocable Trust, the trust cannot be amended or revoked.

Revocable Living Trust Attorneys

To learn more about living trust lawyers, get in touch with the trust attorneys at Anderson, Dorn & Rader. Call (775) 823-9455 or fill out the form below to get started.

Learn More About Revocable Living Trusts

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