Saturday 31 August 2013

Learning What Is Asset Protection

By Gloria Mason


With the recent economic challenges facing most families, people have began asking what is asset protection so they can secure their assets and keep them from creditors. There are a couple of factors that one ought to consider when deciding where to allocate their funds. For instance, if your wife is not liable to the creditors you may opt to have your investment placed under her name or that of your children.

This strategy entails repositioning assets and investing more funds in places that are exempted by the courts to creditors especially when one is under a lawsuit. One does not have to break laws by evading taxation in order to secure their investments; all that one has to know is find the best ways to protect their interests by placing their funds from people who may claim them through lawsuits.

Hiding assets when one is facing a lawsuit is never a wise move as one can be charged for interfering with investigations that are normally conducted by the court. Therefore, one must ensure that they are playing by the rules; otherwise, one may attract other unnecessary lawsuits. It is for this that one should consider seeking legal advise before making any plan and more so enforcing them.

It is for this reason that one ought to be prepared and have their assets in safe investments and not just when one is facing a lawsuit that have limited chances of winning. Considering the past incidents that have been reported, there are a couple of laws that have been enforced to ensure that creditors are not defrauded by people who reposition their assets.

Failing to disclose the ownership of certain assets is also illegal and can possibly be subject to a lawsuit as it is seen as a way to evade taxation. This is usually considered fraudulent and one can be charged for this in which case the funds transferred will be reversed so as to pay off the creditors who have won the favor of the court.

Taking insurance covers is among the safest strategies of protecting assets; however, there are certain limitations that denies one some privileges over their investment and therefore, one can choose to use other plans. Basically, it is by going through the options that one has in terms of their privileges that one can make the best option that suites their situation.

One should not assume that their assets are safe; the wealthy class are not the only ones who can be subjects of lawsuits, anyone can be involved in an accident or any negligent incident that brings in a lawsuit. Making this decision as early as possible is the best option as the chances of going bankrupt are eliminated and the future of the family is never at risk.

Many have been asking what is asset protection, but the one thing that they do not know is that the secret is just knowing where to place ones investments where they are exempted to creditors. With the variation of the laws of different states, the options that people can take also vary as the privileges that one is entitled to differ.




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