Asset protection planning is an important strategy that can be complex, yet essential to effective estate planning. It is simply a method of evaluating your assets and repositioning your ownership in those assets in order to effectively protect them from creditors as much as possible. However, asset protection is not a way to defraud creditors or hide assets from collection. When properly planned and implemented with the help of an asset protection attorney, an asset protection plan can be helpful both during your lifetime and after your death.
At Anderson, Dorn & Rader, an asset protection and business planning attorney will provide you with the guidance required to successfully navigate this complex area of the law. We will examine your assets and advise you on the proper protection strategies in Reno and throughout Nevada that will help you achieve your goals and objectives.
The most effective asset protection plans should be put in place long before a claim or liability arises. If not, any transactions that occur after a claim has been made against your assets will most likely be seen as “fraudulent transfers” which can be unwound by a court. Once you have received a demand for payment or been served with a lawsuit, it is generally too late to start an asset protection plan.
It is a common misconception that voiding a fraudulent transfer is the only consequence of late planning. The debtor, as well as the person who participated in the fraudulent transfer, typically the attorney who assisted with the planning, may be held liable for any losses and the creditor’s attorney fees. The debtor may also lose any chance of discharging that particular debt in bankruptcy as a result of a fraudulent transfer.