Asset Protection Planning
As our society becomes increasingly
inclined to disputes, more hazards to the
long-term preservation of wealth exist.
Among other social realities, the high
incidence of divorce and the ever-expanding
theories of liability have increased
exposure to financial risk for individuals,
families and businesses.
At Feld Hyde, we help our clients avoid
unforeseen financial risks by planning the
access, control, management and ownership of
individual, family and business assets to
preserve the value of our clients’ assets
and diminish the risk of creditor claims.
An asset protection plan includes one or
more lawful transfers of assets and the
creation of entities or other structures to
hold assets, implemented for business and
estate planning purposes but which reduces
the ability of unforeseen future creditors
to reach transferred assets. Further, the
use of trusts as a part of estate planning
can protect assets inherited by family
members for many generations.
Legitimate asset protection planning
doesn’t involve hiding assets, making secret
agreements or creating fraudulent transfers.
Asset protection planning combines
sophisticated business planning and estate
planning techniques that result in wealth
preservation.
Another type of asset protection includes
the use of prenuptial agreements. With a
prenuptial agreement, couples can determine
prior to their marriage how their assets
will be divided in the event of death or
divorce. Through the use of prenuptial
agreements, an interest in a family business
can be protected in the event of a
subsequent divorce, and an individual’s
assets can be preserved for, perhaps,
children of a prior marriage. Postnuptial
agreements, too, can be utilized for asset
protection even subsequent to marriage. |