Many people consider asset protection something people do when their net worth exceeds millions of dollars. They consider Swiss bank accounts and tax havens and assume because they are working or middle class, protection is not for them. Not true! If you have any assets, it is important to protect them regardless of their specific worth. Homeowners must make an effort to protect the equity in their home, especially if their state does not provide home exemptions. If you own a car or have invested in items like artwork or gems and jewelry, you need to make sure these assets receive protection. Again, massive wealth does not dictate protection. An engagement ring requires protection and your inheritance is an asset. Furthermore, savings and investments need protection, all of which may be at risk should you be found liable in a court settlement or attacked by creditors. In many instances, a Cincinnati bankruptcy lawyer can help you establish strong protection plan. Cincinnati bankruptcy lawyers can use their expertise to help you develop a plan. Discuss your options for protection and your risk without it.
While some believe offshore investing is illegal, others understand it is a great method of protection. There are numerous ways in which to utilize offshore guards. While creditors can find offshore accounts, U.S. court rulings will not hold up. The investments are covered under the laws and regulations of the country in which you have invested them.
The only way creditors can access the money is by traveling to that country, had their case tried in that country’s court system, and received a comparable settlement to what they were seeking in the United States. It is unlikely a creditor will invest the time or money to accomplish this.
Another option for asset protection, often known as the poor man’s asset protection, is to transfer your assets to someone else. This can be a risky move, even when you are transferring to a trust family member. Should the relationship go astray, your assets go with it. Your enemy now owns all of your assets and this ownership will stand up in court. Creditors may also prove that it was a fraudulent transfer.
This means it was done for the sole purpose of avoiding paying your debt. While this is not illegal, the court can simply ignore or undo the transfer leaving you with assets that can be taken. To avoid being accused of the action of fraudulent transer, prepare your protection plan well in advance of needing it.