Asset Protection Information http://www.asset-protection.articlesmymoney.com

Monday, October 6, 2008

Success of bailout to depend on housing turnaround

Success of bailout to depend on housing turnaround

Experts say as banks keep watch for signs of improvement, loans will be more difficult to obtain

By Stevenson Jacobs
Associated Press

NEW YORK: Washington's financial bailout plan is now law. So the credit spigot will start flowing again, banks will resume lending, and an economic recovery can begin, right?

Wrong.

Experts say before the $700 billion bailout even has a chance of working, home prices must stop falling. That would send a signal to banks that the worst has passed, and it's safe to start doling out money again.

The problem is the lending freeze has made getting a mortgage loan tough for everyone except those with sterling credit.

That means it will take several months or longer to pare down the glut of houses built when times were good — and those that have come on the market because of soaring foreclosures — before home prices start appreciating.

Housing is a critical component to the U.S. economy and by extension the availability of credit. Roughly one in eight U.S. jobs depends on housing directly or indirectly — from construction workers to bank loan officers to big brokers on Wall Street. A turnaround in housing prices would boost confidence in the wider economy and, experts hope, goad banks into lending again.

''Housing traditionally does lead the economy through a recovery. I think it's going to be critical for a sustained recovery in this cycle, too,'' said Gary Thayer, senior economist at Wachovia Securities.

In the meantime, people like Alicia Elliott
are adjusting to a new American reality: Life without credit.

The 21-year old Morgantown, W.Va., resident just bought a used mobile home, borrowing $4,000 from friends and family because she couldn't get a bank loan.

''I tried to. Couldn't do it. It's just hard to get a loan,'' said Elliott, who works as a cashier at a Lowe's Cos. store.

She used to get bombarded with offers for credit cards. Now she can't even get one.

''I get denied one after another after another. It doesn't matter if you have a co-signer or not,'' she said.

'Credit is a privilege'

Trey Simmons, 31, a barber at a Dallas hair salon, said he worries tighter lending standards will squash his goal of buying a home next year.

''Credit is a privilege everybody can't get,'' Simmons said. ''I had credit at a young age and messed up.''

He now operates on a strictly cash basis.

''If I don't have it,'' he said, referring to cash, ''I don't spend it.''

The dilemma boils down to a matter of trust.

''Credit, by definition, means trust and faith, and for many reasons trust and faith have been damaged,'' said Sung Won Sohn, an economics professor at California State University, Channel Islands.

Sohn said the near certainty of a recession makes it too risky for the thousands of small- and medium-sized banks across the country to lend to people like Elliott.

''Banks know the economy is getting worse, so . . . they will keep being cautious,'' said Sohn.

Still, the government hopes that by scooping up billions of dollars in bad mortgage debt and other toxic assets, banks eventually can clean up their shaky balance sheets, crack open the vaults and send money washing through the system again.

Paulson gets ready

In the meantime, the Treasury Department is moving swiftly to get the plan started. Treasury Secretary Henry Paulson said Friday he did not wait for final approval of the measure to begin preparation. He has been lining up outside advisers as his staff works out details on a multitude of complex issues.

But several hurdles could trip up the plan. For starters, even when the Treasury starts buying bad assets, some banks might hoard the cash they receive in return until they see how the plan pans out. That has the potential to make the lending logjam worse, said Vincent R. Reinhart, former director of the Federal Reserve's monetary affairs unit.

''They may sit on the sidelines and wait to see [the bailout] get some traction. The problem is if everybody sits on the sidelines, nobody gets in the game. It's a risk,'' he said.

It also creates a vicious cycle: No trust means no lending; tight credit means it's harder to buy a home; the more difficult it is to buy or sell a home, the further home prices will fall; and the further prices drop, the more foreclosures there will be.

U.S. home prices — down 20 percent from their peak in July 2006 — still have further to fall, and must hit bottom before demand picks up. The long-awaited bottom in prices could be a year or more away.

NEW YORK: Washington's financial bailout plan is now law. So the credit spigot will start flowing again, banks will resume lending, and an economic recovery can begin, right?

Wrong.

Experts say before the $700 billion bailout even has a chance of working, home prices must stop falling. That would send a signal to banks that the worst has passed, and it's safe to start doling out money again.

The problem is the lending freeze has made getting a mortgage loan tough for everyone except those with sterling credit.

That means it will take several months or longer to pare down the glut of houses built when times were good — and those that have come on the market because of soaring foreclosures — before home prices start appreciating.

Housing is a critical component to the U.S. economy and by extension the availability of credit. Roughly one in eight U.S. jobs depends on housing directly or indirectly — from construction workers to bank loan officers to big brokers on Wall Street. A turnaround in housing prices would boost confidence in the wider economy and, experts hope, goad banks into lending again.

''Housing traditionally does lead the economy through a recovery. I think it's going to be critical for a sustained recovery in this cycle, too,'' said Gary Thayer, senior economist at Wachovia Securities.

In the meantime, people like Alicia Elliott
are adjusting to a new American reality: Life without credit.

The 21-year old Morgantown, W.Va., resident just bought a used mobile home, borrowing $4,000 from friends and family because she couldn't get a bank loan.

''I tried to. Couldn't do it. It's just hard to get a loan,'' said Elliott, who works as a cashier at a Lowe's Cos. store.

She used to get bombarded with offers for credit cards. Now she can't even get one.

''I get denied one after another after another. It doesn't matter if you have a co-signer or not,'' she said.

'Credit is a privilege'

Trey Simmons, 31, a barber at a Dallas hair salon, said he worries tighter lending standards will squash his goal of buying a home next year.

''Credit is a privilege everybody can't get,'' Simmons said. ''I had credit at a young age and messed up.''

He now operates on a strictly cash basis.

''If I don't have it,'' he said, referring to cash, ''I don't spend it.''

The dilemma boils down to a matter of trust.

''Credit, by definition, means trust and faith, and for many reasons trust and faith have been damaged,'' said Sung Won Sohn, an economics professor at California State University, Channel Islands.

Sohn said the near certainty of a recession makes it too risky for the thousands of small- and medium-sized banks across the country to lend to people like Elliott.

''Banks know the economy is getting worse, so . . . they will keep being cautious,'' said Sohn.

Still, the government hopes that by scooping up billions of dollars in bad mortgage debt and other toxic assets, banks eventually can clean up their shaky balance sheets, crack open the vaults and send money washing through the system again.

Paulson gets ready

In the meantime, the Treasury Department is moving swiftly to get the plan started. Treasury Secretary Henry Paulson said Friday he did not wait for final approval of the measure to begin preparation. He has been lining up outside advisers as his staff works out details on a multitude of complex issues.

But several hurdles could trip up the plan. For starters, even when the Treasury starts buying bad assets, some banks might hoard the cash they receive in return until they see how the plan pans out. That has the potential to make the lending logjam worse, said Vincent R. Reinhart, former director of the Federal Reserve's monetary affairs unit.

''They may sit on the sidelines and wait to see [the bailout] get some traction. The problem is if everybody sits on the sidelines, nobody gets in the game. It's a risk,'' he said.

It also creates a vicious cycle: No trust means no lending; tight credit means it's harder to buy a home; the more difficult it is to buy or sell a home, the further home prices will fall; and the further prices drop, the more foreclosures there will be.

U.S. home prices — down 20 percent from their peak in July 2006 — still have further to fall, and must hit bottom before demand picks up. The long-awaited bottom in prices could be a year or more away.

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Saturday, September 27, 2008

Protecting yourself With Asset Protection

Protecting Yourself with Asset Protection:
Knowing how to protect yourself and your family should be number 1 on your mind.

Don't lose your precious money and goods because you didn't take action.
Learn to use the skills of Asset Protection to protect yourself today!

Protecing Yourself with Asset Protection:

Whether it be Asset Protection or Asset Allocation.
Managing your finances should be a priority.
You need to be aware of your rights and safety's that you may find.
One needs to keep an eye on things as personal property.

One may be looking to protect themselves during a divore or other unforeseen occurrence.
These occurrences may come up at the worst of times.
Like most things in life, That is usually when they happen.

There are legal means that you may be able to take in your state or jurisdiction to control these unforeseen events.
Knowing that you have rights and what they are can be categorized as an Asset Protection .

Knowing how to do these things can be called an Asset Management or Allocation.
The more you know about your rights in these instances can protect you from possibly losing your home.
Or worse yet everything that an Attorney can get there hands on.

Asset Protection and knowing how to implement it can save your life.
You can use Asset Protection to make sure that your Asset's arent taken from you.
These can be from lawsuits, Medical bills.
Even if you were to have to go to a nursing home, Your assets would be protected.

It would be better to start protecting your family and assets now than later.
You've worked years to get what you have now.
Don't let anyone or thing take it or remove it from you.
You have rights, The sooner you know how to implement them the better.

You don't have to be or have an Attorney to use these rights either.
Common sense and the right frame of mind and information will help you here.
Start protecting your family and assets today.

A good professional lawyer can tell you, Asset Protection is important.
Don't put your asset's and family at risk.
There are many trusts and other ways to protect yourself with Asset Protection.

Tangible asset's and protecting them should be your first priority.
Don't make yourself and family suffer because you have not protected yourself.

Only you can take the needed steps and learn what is needed to protect yourself and your assets.
Don't be a none doer, Be the person that says I know what I'm doing.
I'm going to protect myself and my family now.



Protect your family and Asset's today with Asset Protection Information

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Asset Protection - A Piece of Insurance

Asset Protection - A Piece of Insurance:

Protect your rights and your family with asset saving techniques that can save your finances.
Whether its unpaid medical bills or lawsuits.
Let Asset Protection work for you!

Asset Protection A Piece of Insurance:

Asset Protection or Asset Management can be a life and death insurance policy for you and your family.
It can insure whether or not you keep you home or finances.

Don't be the fool when it comes to your personal well being.
In this world of today, You have the choices to stop creditor's and Attorneys from taking your goods and finances.
Don't be the person who let's that happen to you and your family.

Get the information and hep that you and your family need to stop them in there tracks.
Learn to allocate and manage Asset Protection for yourself.
Don't play the court jester, Play the knight of the round table.

Be the one who has your finances locked away so they are not taken from you.
No matter what type of action or lawsuit that may be against you.
Asset Protection can be the life and death insurance policy to your future.

Be protected, No matter what the case maybe.
A good Lawyer will tell you, Without Asset Protection they can take everything you own from you and your family.
Stop and think about what you are doing with your finances.

Don't let yourself or family suffer because you did not implement a finance saving measure.
Wouldn't you feel bad if you died and your family was pennyless.
Penny less because you didn't know how to protect yourself and your family?

Don't let it happen, You can stop it now!
Be the one who has there priority's straight for you and your loved ones.

No matter how you figure to use your asset protecting rights.
Learn to use them now, Not the latter.
You can come in and fix whatever needs fixing now.
Don't let a suit or medical bills steal everything away from you and your loved ones.

The sooner you use Asset Protection the better for you and everyone around you.
Only you have the power to help yourself and your family today.



Protect your family and Asset's today with Asset Protection Information

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Asset Protection Know Your Rights

Asset Protection Know your Rights:
Don't be a statistic, Let Asset Protection help you through the tough times.
Know your rights and protect yourself, Property and family from bills and suits.

Asset Protection Know your Rights::

Asset Protection and Asset Management and it's allocation.
It's very important that an individual or a sole proprietor know there rights over there asset's.

Don't be fooled by what some say you can and cannot do.
Be sure the information you are receiving will actually help protect the asset's of you and your family's finances.

Don't make some mistakes that can be made when it comes to protecting yourself and your family.
It is so very important that you know your rights.
You need to learn how to use your rights to protect your precious property and finances.

It would be so easy to loose everything if you have not taken steps to protect yourself.
Anything could rise up and hurt you and the rights of your household.

Make the right choices to protect yourself now, Not later.
Sad to say that later could be to late.
Don't be the one that waits to long.

Asset Protection can help you allocate your assets and stay safe.
Be the safe person not the sorry soul who losses everything.
Why do that when you can protect yourself.
Learn as much as you can about Asset Protection and helping yourself.

Only you can make the wise decisions and be your own judge.
The courts don't want you to know how to protect yourself.
They don't want you to know that you can protect your asset's.
The courts are being paid to keep you in the dark.

When they are receiving revenue from you loosing your personal property.
They don't want you to know that it can be avoided.
That's right, There making money when you loose your possessions and your home to foreclosure.

There sitting at your knees foaming at the mouth to get at you and your money.
Don't be a statistic, Let Asset Protection help you now.
Please, Don't let them take you to the cleaners like they have so many before.

Do something about it.
Use Asset Protection to protect your finances and asset's today.



Protect your family and Asset's today with Asset Protection Information

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Family Asset Protection Survival Guide

Family Asset Protection Survival Guide:

Courts know Asset Protection and Asset Management and it's allocation can protect you.
That's why it's very important that an individual or a family know Asset Protection is there to protect rights over there asset's.

Some people and familys are fooled into thinking there is nothing they can do to protect themselves.
Be well informed and know that by receiving help it will protect the asset's of you and your family's finances.

Don't make mistakes when it comes to protecting yourself and your family's finances.
It's very important that you be in the know of your rights, Also the rights of your family.
Learn to use your rights, Also use Asset Protection to protect your familys precious property and finances.

Some familys will loose there rights and everything to the legal system.
Why?
Because they don't understand that they can protect there finances and asset's from the court system.
There are almost always laws in place in most states and country's that will help you to protect your asset's.

You may need help to make the right choices to protect yourself.
Don't be the one family that has judgment entries and foreclosure against them.
All because you didn't know how to use your rights to protect your family and assets.

Asset Protection can help you to allocate your familys asset's.
Be the safe family not the household that losses everything.
Why do that when you can protect yourself and your familys well being now.
Learn as much as you can about Asset Protection to protect yourself and your family and relatives.

You can stand up and know that you know yours and your family's rights.
The courts don't want you to know how to protect yourself and family.
But you can fight all of these things without Court, If you learn the ways of the wise and protect your family.
They are being paid to keep you in the dark.

When they are receiving revenue from you loosing your family property.
They don't want you to know that it can be avoided.
That's right, There making money when you loose your possessions and your home to foreclosure.

There sitting at your knees foaming at the mouth to get at you and your money.
Don't be a statistic, Let Asset Protection help you and your family now.
Please, Don't let them take you and your family to the cleaners like they have so many before.

Do something about Courts taking your family's house,Cars and valuables.
Use
Family Asset Protection: to protect your family's finances and asset's today.

Protect your family and Asset's today with Asset Protection Information


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Asset Protection Protecting yourself in a Divorce

Asset Protection Protecting yourself in a Divorce:

There are certain key elements you want to protect during a divorce.
Asset Protection in a divorce usually consists of actions involving a spouse.
Spouses who want to protect there finances and avoiding splicing property up.

Personal property and marital property are the assets they are looking to protect.
Even if the said property is in a single name.
It may still be subject to division under the laws of the state or court system.

Inheritance and distinct property can possibly be separate from marital property.
But individual property can and does sometimes get mixed up with marital property.
If you have personal property such as money that was put into any marital accounts after you were married.
These funds are now marital property.

This instance is where it would have been handy to have had a prenuptial agreement.
This in turn would have helped to keep your assets safe.
But if there is no such agreement your most likely going to loose at least have of those funds.

In this case protecting your individual assets would have saved you a lot of trouble.
This would be called an Individual Asset Protection.
This would have been included in the a fore mentioned prenuptial.

Simply put, To keep your asset's safe you would have just not included these funds in the marital accounts.
In this light a prenuptial is not necessary to protect yourself with asset protection.

If before marriage, All to keep Asset Protection in a divorce.
Just keep your accounts separate and you will have used Asset Protection in divorce.

As you can see Asset Protection can be very simple or very complicated.
Especially if involving a court of law.
You never know what a judge of the courts may do or order during a divorce.

You may have certain other rights in your state of jurisdiction.
Remember that some states don't allow the protection of asset's in any circumstance.
Know your state and local laws in this area.
Also certain country's don't allow asset protections in any form.

Have your asset's planned before you get married to avoid any hatred or despise for the other party.
It is that simple to make asset protection in a divorce work for both party's involved.

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Saturday, September 6, 2008

Police find 170 marijuana plants in a Oak Lawn,Illinois back yard



Michelle L. Farnum did not seem surprised when Oak Lawn police knocked on her door Monday afternoon.

Asked if she knew why officers were there, the 46-year-old woman had no doubt.

"Yes, because of what I have growing in my back yard," she said, according to police. "My marijuana plants."

All 170 of them, according to police.

Farnum, who told officers she recently had suffered a stroke, was charged with production of marijuana and possession of marijuana, police said.

"She made a comment to the guys that she was using it for her medical issues," Oak Lawn police Division Chief Mike Kaufmann said. "But just because of the sheer number, we had no choice but to charge her."

Farnum also told officers she believes marijuana should be legalized, that she never sold or gave away her crop and that it was all for her personal use, according to police. She said she did not like drug dealers.

She has no prior arrests, according to Kaufmann.

It was an anonymous tip that led authorities to Farnum's small, neat-looking bungalow at 9322 S. 54th Ave., which has a high wooden fence in both the front and back. But the tipster had the wrong address, sending police to a neighbor's house at first.

Once there, they spotted a single marijuana plant growing in the neighbor's back yard. The homeowner claimed ignorance, saying he had no idea it was the illegal herb. Then an officer spotted Farnum's ganja garden next door.

After opening with what amounted to a confession and signing a sheet permitting a search of her home, Farnum proceeded to take officers on a tour, pointing out the plants in her yard, according to police.

Calling herself "old school," Farnum explained that she dried her plants by hanging them on clothes lines in her shed, according to authorities.

On a table inside her home, officers allegedly found 130 grams of marijuana and 145 grams of marijuana seeds. When asked, Farnum revealed she owned a gun, directing police to a .25 caliber pistol she said was her grandmother's, according to police. She was charged with possession of a firearm without a valid firearm owner's identification card.

Judge John Hynes set Farnum's bail at $7,500 on Tuesday, according to authorities.

Police are holding the plants, waiting for them to dry so they can be bagged and sent to the state police laboratory for testing, Kaufmann said.

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Wednesday, August 20, 2008

Asset Protection Misconceptions and Rules




Asset Protection Fact OR FICTION?

Fiction 1:

YOU NEED TO PUT YOUR MONEY, WITH A FOREIGN TRUST COMPANY AND MOVE IT OFFSHORE

FACT: In most cases, protected assets remain in the United States. You should NEVER trust a foreign trustee (or anybody else) with your hard earned money. If somebody suggests that you have to "trust" somebody else with your hard earned savings RUN.

Fiction 2:

WE'LL ENCUMBER YOUR PROPERTY AND THAT WILL PROTECT IT

FACT: If some asset protection expert suggests that you encumber your assets with a phony loan from Aunt Matilda or any related entity you are in the hands of a novice. This is a popular technique that doesn't work (but it will cost you a lot of money and trouble).

Fiction 3:

ASSET PROTECTION WILL SAVE YOU FROM TAXES

FACT:Asset Protection Plan will not save you income taxes. Further, if a practitioner suggests that the IRS can't find or tax an offshore account they are advising you to commit a crime. Stay away from these scammers. All citizens and residents of the USA are taxed on worldwide income PERIOD. Asset protection planning will not change this sad, but true, fact.

Fiction 4:

USE A NEVADA CORPORATION: YOUR CREDITORS WILL NEVER FIND THE HIDDEN MONEY

FACT: Stay away from Nevada Corporations. Many of the most heavily promoted scams use Nevada corporations. They argue that bearer shares allow you to control but not own money in a Nevada corporation. HOOEY. This is pure nonsense. Nevada corporations do not work and they are a huge red flag to the taxing authorities.

Fiction 5:

JUST HIDE YOUR MONEY AND LIE

FACT: Lying will get your thrown in jail for contempt of court. You protection should never depend on deception. Even if all the details of your asset protection plan are discovered you should not be compromised.

Fiction 6:

GIVE IT TO YOUR SPOUSE

FACT: If an expert suggests that you give your assets away (usually to a spouse or child) you are in the hands of a real novice. This normally doesn't work and it is always a bad idea unless you were going to make the gift anyway.

Fiction 7:

ONCE MONEY IS OFFSHORE IT IS ONLY TAXED WHEN YOU TAKE THE MONEY BACK INTO THE USA

FACT: If a practitioner suggests that the IRS can't find or tax an offshore account they are recommending that you commit tax fraud. RUN from them as fast as your legs can take you. In this post 911 world the IRS knows everything about every foreign account.

Fiction 8:

ALASKAN TRUSTS AND DELAWARE TRUSTS DO THE JOB

FACT: Alaskan Trusts and Deleware Trusts are untested. Remember the full faith and credit clause in our constitution. Sister state judgments are enforceable in all other states including Alaska and Delaware.

Fiction 9:

PURE TRUSTS AND CONSTITUTIONAL TRUSTS WILL PROTECT YOUR ASSETS (AND ALSO ELIMINATE YOUR DUTY TO PAY TAXES)

FACT: These trusts are fraudulent and have been declared illegal by every single circuit court. The IRS and the Income Tax are Illegal… the Supreme Court says this is so. These trusts don't work and are illegal.

Fiction 10:

OFFSHORE BANK ACCOUNTS PROTECT YOUR MONEY WHILE ALLOWING YOU FULL ACCESS TO IT

FACT: Offshore Accounts are great and safe if done properly; however, they will not save you any taxes; and, unless connected with an Asset Protection Trust, will not protect your money. Remember, a US Judge has jurisdiction over your BODY. If this Judge orders you to write a check to some creditor and you refuse, then you are going to jail for contempt of court. Simple as that: pay up or give up your freedom.

Don't mess around with your freedom.

Remember what Asset Protection is, Also what it isn't

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529 Asset Protection Missouri Adds Tax Break to None Missouri 529's

Missouri extends tax break to non-Missouri 529s

(July 14, 2008) - [Update 7/14/08: The bill described below has been signed by Missouri's governor and is effective for 2008.]

5/10/08:
The Missouri Senate has approved a bill (SB 863) that provides Missouri taxpayers using non-Missouri 529 plans with the same state tax breaks enjoyed by those using Missouri's own 529 plan. The Missouri House previously approved the measure. It now goes to the governor who is expected to sign it. Missouri will become the fifth state to adopt state tax "parity" for 529 deductions.

The Missouri tax deduction for contributions to out-of-state 529 plans will be effective for 2008. The bill also provides joint filers with a maximum $16,000 annual state tax deduction regardless of which spouse is contributing. Previously, both spouses had to contribute $8,000 in a year to receive the maximum deduction.

The bill also removes 529 assets and distributions from Missouri financial aid formulas.

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Saturday, August 16, 2008

Asset Protection - How to Get it Right

It is as true today as it was 2500 years ago when Lao Tzu said: "When the student is ready, the teacher will appear." For the last five years I have been teaching risk management solutions at the university level. During this time I have learned that to be a good teacher one must also be a persistent researcher in the search of better solutions for clients' most common needs.

The aim of this month's article is to share the lesson I learned from a recent lunch I had with Andrew Rogerson, one of my teachers, a lawyer at RogersonLaw.com who has developed a specialty niche in Toronto that focuses on Estate Planning and Asset Protection both Onshore and Offshore. Our conversation was primarily focused on legal solutions a client may employ to avoid asset protection strategies being set aside by the courts.

At the beginning of our lunch Andrew made the point that all credit protection strategies should be made at a time when the client is clearly not insolvent or on the eve of bankruptcy. Andrew clarified this by stating: "Planning must be justifiable in terms of non asset-protection objectives."

He illustrated this concept by recounting the merits of the case of Ramgotra (1996) where the Supreme Court of Canada held that the settlement of funds transferred from non exempt RRSP's into a RRIF managed by an insurance company should maintain its exemption status from creditors' hands. The Court's rationale was that the transaction was part of a legitimate retirement planning exercise. This was so, even though the end result was the transfer of funds out of the reach of Dr Ramgotra's creditors. The exact process by which Dr Ramgotra managed to keep his RRIF proceeds was as follows. He transferred non-insurance managed RRSP's into an insurance administered RRIF in 1990. This was done in good faith at the suggestion of his Certified Financial Planner. The disposition took place within 5 years of bankruptcy.

The court held, however, that although the assets vested in the trustee in bankruptcy, the trustee could not deal with them and had to return them to the bankrupt (Dr Ramgotra) upon the bankrupt's discharge. This was because the Bankruptcy & Insolvency Act ("BIA") precludes the trustee from dealing with assets that are exempt from execution or seizure. The court held that there was no evidence of fraudulent intent. The transfer was done in good faith as part of normal prudent retirement planning.

The Insurance Advantage

As it stands as a general rule of thumb, all assets of an individual or entity are security for unpaid debts owing to a creditor. This applies whether or not the individual or entity is bankrupt. Traditionally, life insurance products have been given special protection against the claims of creditors under provincial legislation. The legislation, which is fairly consistent across Canada, is intended to protect the rights of the beneficiaries under the contracts. Thus products offered for sale by a life insurance company are generally creditor protected.

The definition of insurance products in all provinces includes annuity contracts. Most RRSPs and non-registered investments issued by insurance companies take the form of an undertaking to provide an annuity and as such fall under the definition of life insurance under provincial legislation. Many provinces do not provide creditor protection for non-insurance RRSPs and no province provides creditor protection for non-registered monies held in non-insurance investment vehicles.

Creditor protection during the lifetime of the owner can be achieved in two ways; by making an irrevocable beneficiary designation in a life insurance contract or by designating as beneficiaries certain family members specified in provincial insurance legislation.

After the death of the life insured, where an appropriate beneficiary has been designated, the creditors of the deceased are prevented from seizing the policy. The death benefit of the policy is specifically excluded from the estate of the owner. This is because the proceeds flow directly to the beneficiary and are exempt from the claims of creditors.

It should be noted that creditor protection only exists where the policy is owned by an individual. Policies owned by a corporation offer no direct creditor protection however a properly implemented corporate structure can achieve creditor protection. Where creditor protection is important, it is advisable to name alternative or contingent beneficiaries within the protected class, since the exemption from seizure can be lost if the designated beneficiary dies.

Insurance products fall into two categories; life insurance policies, and deferred annuity contracts. When hearing of " a life insurance contract" most people think of a traditional life insurance policy where one pays a regular stream of premium payments and a death benefit is paid to a designated beneficiary upon the insured's death. However, accumulation and investment products sold by life insurance companies are "deferred annuity contracts" and as such also qualify as life insurance policies.

Cash can be accumulated within a traditional life insurance policy subject to certain maximums imposed by the Income Tax Act. Within these maximums the investment growth is not subject to accrual taxation. This is commonly referred to as an "exempt policy". Furthermore, in most circumstances, the policy fund or cash value is paid out to the designated beneficiary as a tax free benefit in addition to the face amount of the policy. This feature makes accumulating and investing funds within an exempt policy by an individual an attractive tax deferral and estate planning tool, particularly when combined with the added value of creditor protection.

These structures offer tax minimization solutions that can not be obtained by run of the mill investments. For example there are specialized instruments governed under insurance legislation that provide benefits that create the following end results:

  • All personal deposits can be structured to be deductable over time.
  • Large annual deductions are provided each year against income for the rest of your life or sooner. Money would be invested on a deductable basis, the money grows tax free.
  • The individual retires tax free, dies tax free, and all the while having your savings protected from your creditors.
  • The personal deduction creates on a cash on cash return every year, year in and year out in a plan where tax will never be paid as you use the funds for either retirement or investing.

As we finished our lunch Andrew left off our meeting with sharing a truism that I found to be the gem of the entire afternoon. "Peter the sign of a true professional is someone who knows when its time to know when to seek out other professionals with complementary skills in areas of asset protection and insurance contracts. A dangerous professional is someone who does not know that they don't know but acts as if they do. The problem with this is clients don't know the difference until it's too late!"

Peter Merrick is a proud member of AdvisorWorld.com For more information or to find a financial planner http://www.advisorworld.com/articles/spip.php?article31

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Thursday, August 14, 2008

A Guide to Asset Protection

Asset Protection Guide:

The strange and sometimes puzzling evolutions in the business world ask for more and more secure methods of protecting the client's assets. In spite of all popular articles claiming the right to be taken into consideration, asset protection strategies depend on individual perceptions. Each person involved in a business is supposed to choose his own means to protect his assets. His decision is crucial but it can be changed by several factors. First element which enters the system of asset protection strategies is considered to be the counselor. He can be a lawyer or not. His position is not really important. Most important fact about a counselor is to understand his client's business and to be able to offer the appropriate advice. He is the most significant element which decides upon asset protection strategies. A counselor must be well informed about all law changes so he can direct his client in the right way. If the relation between two of them respects the basic principles of communication then results are fortunate. Each counselor has to know everything about his client's business as long as he is supposed to guide him towards financial success. However each person owning a business has the right to decide on his future movements. Even if a counselor does try to influence him the final move depends on the client's dynamic character.

A business man might be misguided by his private counselor. Applying asset protection strategies means playing with the law system. This is not about violating basic principles. Most of all is about discovering original ways which might give someone the chance to take advantage in certain situations. For example the principle of LLC might prove extremely operative. But if there are not any experienced persons behind the business master then he would probably miss this hint. The asset protection strategies system is quite sinuous and requires a capable person who is able to explain the basic rules.

People involved in a business might take this fact as a childish game and enjoy playing till the end. First of all, people are supposed to think about asset protection strategies. If taken into consideration right from the beginning then things are really simple. So the business man will enjoy his position being already protected against all possible dangers. If his counselor prescribes him the appropriate asset protection strategies then he does not have to worry about future success. From now on procedures are not so complicated. They remain exhausting but they are pleasant in a way. They are pleasant because they prove their efficiency. They are no longer insecure means of gaining money. Taking real advantage of the asset protection strategies means finding all the possible ways towards financial success. No one should miss this valuable tip of the presence of the counselor. Once a business is getting stronger and stronger, its owner must thing about all opportunities to protect his money. Of course that a counselor would always come with additional information but the final decisions belongs to the client. He is the only person who can decide upon asset protection strategies. He can say if certain strategies are compatible with his expectations. A counselor might always suggest something but if his client does not want to respect the plan then the deal is violated. There are no formal procedures to punish such a decision. The business man might be right. He knows his business. Maybe the counselor is wrong. There are numerous possible situations. But a good counselor would always be able to offer a good advice. So asset protection strategies might be best suggested only by a counselor.

For more information visit us at: http://www.asset-protection.articlesmymoney.com

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Sunday, July 27, 2008

Asset Protection - Why Do You Need It?

By the time people reach their forties, many have a growing family and responsibilities. Many already own a house and quite a few other valuable assets. This is the phase of life where they focus on their career in order to provide for their families, and to pay for the bills and mortgages etc. They also focus more on investments for better financial security for their family and a comfortable nest egg.
With your growing financial portfolio and asset, it is imperative that you take steps to protect your assets. A practical solution for creating an additional umbrella of security for your family is to take advantage of asset protection that minimize the risk of losing your assets or being taxed heavily.
The three vital steps toward asset protection planning
To set up an effective asset protection, you have to:

Be clear about your goals and objectives


Plan early


Plan safe

You are more than painfully aware that it took much effort to build up your assets. But you need to know that it takes even harder work to protect them. Beware that you do not start asset protection planning too late or you are only inviting trouble and headache for your family. Upon your death, there is nothing more gut wrenching than your family having to fend off greedy money suckers trying to lay claim on your family assets that should rightfully belong to your family. Even worse is fighting amongst your own family members for a bigger share of the family asset. If you do not want to put your loved ones through this, then for their sake, initiate the asset protection planning right now.
If you are a truly practical person, asset protection should be a part of your asset-building plan from day ONE.
Be Focused About Your Objectives
You must be sure of your goals and objectives in order to be able to draw up a well thought up asset protection strategy and plan. There can be no universal process to asset protection as every individual has different needs; you have to tailor it according to your future plans and objectives.
Follow The Law When Protecting Your Assets
Never ignore the legal aspects while dealing with asset protection. Of course you can divide your assets according to your own wish, but at the same time you have to abide by the restrictions put forward by law in this regard. A legalized deal will help you avoid all sorts of discrepancies later.
Whether you decide to set up offshore asset protection or asset protection trust, taking a little trouble to protecting your assets will benefit your family greatly, and they in turn will be grateful for your foresight and generosity.

Article Source: http://www.articlesbase.com/finance-articles/asset-protection-why-do-you-need-it-78230.html

About the Author:
Protect your family assets with good Asset Protection at Asset-Protection-Group.info .

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Just What is Asset Protection Anyway

An important part of high end finances and investment is asset protection. An asset protection system is a system of legal practices that people use to protect their assets from legal judgments. In effect, a guaranteed asset protection system should make one’s assets judgment proof. There is personal asset protection and business asset protection, although it is often found in business, where more money is involved.



The basic principle of asset protection is based upon the fact that a person or business that has assets can potentially lose portions of those assets to creditors. When those people and businesses no longer own those assets, they cannot be reached by creditors. That is the goal of asset protection strategies. There are various asset protection strategies that are meant to remove the legal title to a person’s or business’ assets while still allowing all the benefits of those assets.



The best asset protection strategy should be enacted before there is really a need for it, but this is not how it usually plays out. After a lawsuit is filed by a creditor, many people can still engage in asset protection planning. Asset protection planning may be considered a fraudulent transfer at this point, but there is usually no downside to asset protection planning, as it can simply be set aside. A person or business in debt to a creditor may have nothing to lose by simple asset protection planning.



There are many asset protection strategies in the United States. The various asset protection plans are based on the needs of the person or business. The Asset protection system that is best for a specific party will depend on the nature of the asset that is being protected, such as rental real estate, personal residences, bank accounts and retirement plans. The timing of a claim or lawsuit will also decide the best asset protection strategy, as well as the risk adversity of the debtor and the aggressiveness of the creditor.



People seeking asset protection of their house, for example, have approximately seven different asset protection options according to some legal finance experts. They may transfer ownership to a living trust with a generic name, or transfer ownership to an irrevocable trust to ensure personal asset protection. They may also encumber the residence, record a naked deed of trust, sell the residence to a family member with an installment plan, or even sell the residence to a stranger for cash. These are all completely legal personal asset protection strategies.



Simply changing the legal title to a living trust with a generic name is an asset protection plan that may work for some creditors, but not most. Many legal finance experts insist that a better asset protection plan is an irrevocable trust or total sale of the residence. Another consideration is whether or not the asset protection will easily convert the asset to money. Offshore trusts and offshore bank accounts are options in this circumstance. Offshore asset protection is effective because the asset is outside the control of any local court, so the debtor can’t be ordered to bring the asset back to the United States.



For more resources about Nevada corporations or even about asset protection planning and especially about asset protection please review these links.

Article Source: http://www.articlesbase.com/business-articles/just-what-is-asset-protection-anyway-142941.html

About the Author:
For more resources about Nevada corporations or even about asset protection planning and especially about asset protection please review these links.

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Tuesday, July 15, 2008

Asset Protection - Spotlight on Panama

Panama has developed many rules and laws that make it an excellent jurisdiction for asset protection with a wide range of structures available to business clients such as; foundations, corporations and trusts.

Panama still allows for corporations to be formed using bearer shares whereas most jurisdictions have done away with them or only allow their use in a limited form. As an asset protection vehicle a bearer share corporation has several advantages including the ability to maintain anonymous ownership through the use of nominee directors provided by a Panama law firm. The use of nominee directors shields the actual owners name from appearing in any public registries in Panama.e company. Ownership can be easily transferred by simply handing these documents over to another

Various types of assets can be owned or controlled by Panama corporations ranging from bank accounts and stock brokerage accounts to artwork and real estate. The anonymous company owner maintains all of the bearer share stock certificates which, in addition to the article of incorporation, are all that is required to prove ownership of thindividual.

Offshore income, that is income derived outside of Panama, is not taxable according to Panamanian law. For example, you could have a Panama Corporation that does its banking in Panama and maintains offices in Panama, yet if all income for this company originates offshore (outside of Panama), you will not pay any Panamanian tax on this income (check your local tax laws to see what reporting requirements you have for offshore income in your home country).

Panamanian banks operate with government issued banking licenses which allows them to carry out business with the citizens of Panama, as well as foreign individuals and companies. In general, Panama banks have proper branch offices throughout Panama with all the conveniences of modern banks that are found in the western world.

In order to get a full banking license in Panama an initial payment of $10,000,000 US must be paid to the government. A government issued Panama banking license allows banks to conduct business with onshore as well as offshore clients. This is in stark contrast to many offshore jurisdictions which operate "offshore bank licenses" which means that the licenses issued only permit the bank to open accounts for non-national clients (a rather dubious arrangement).

Panamanian banks also have their own ACH (automated clearing house) systems that permit online transfers between Panamanian banks at nominal cost (usually one dollar per transaction). Presently there are thirty Panamanian banks in this system and it must be noted that these transfers are totally domestic and do not get transmitted over international wire systems.

Panama has a national currency called the Balboa which is pegged one to one with the US dollar. Although Panama has it's own currency, only metal coins are minted and paper currency used is the US dollar making it convenient for US customers to travel and do business in Panama.

There are many well established Panamanian banks in addition to numerous multi-national banks operating in Panama with considerable foreign derived assets under management. Panamanian banks also happen to have some of the best privacy protection laws in the world, which can only be broken in the case of serious crimes through a court order issued by a Panamanian court.

Panama is a stable, democratic country with no standing army since the US invaded in 1989 and removed Manuel Noriega from power. Panama now has complete control over the Panama Canal after the US ceded control in the late 1990's but a treaty still exists with the United States which says that if the canal is under threat by a foreign power, the United States has the jurisdiction to enter the country and protect the canal and the Canal Zone.

Twenty percent of the Panamanian workforce is employed by the 135 resident banking units located in Panama so maintaining a good reputation internationally as a preferred banking destination is of extreme importance to the government and the people of Panama. With over 400,000 corporations domiciled in Panama in addition to the large banking work force directly tied to these corporations don't expect the corporate or banking laws to be changed by the government frequently unless they are forced to by outside pressure (which won't happen without obvious warning signs occurring in advance).

Earnest is a writer for Panama Offshore Legal Law Firm. To learn more about asset protection in Panama or to speak to a professional about creating a custom asset protection plan to suit your needs please call: +(507) 6808-8169 (011-507-6808-8169 from North America).

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Asset Protection - Tangible Assets

What is asset protection? Asset protection can provide you with the cornerstone to build your wealth with the knowledge that you are protected from any situation that could result in you losing any or all of your assets that you have. These can include property, shares, cash and any other possessions that can be sold for cash. Specifically, these assets can be divided into three categories:

* Family home
* Investment assets
* Business assets

Who needs to protect their assets then?

Just about anybody who has assets needs to protect them. In particular, however, if you are running your own business then it is absolutely crucial that you have a strategic plan in place and structure your assets accordingly. In the event that you are placed in a situation, where you could be exposed to a lawsuit or litigation of any kind you need to have your assets protected.

Who can help you with Asset Protection?

You definitely need to engage the services of a professional organization to help you to set up your asset protection correctly. The mission of the company should be to educate you in the skills required to maintain effective protection of your assets. Characteristics of a reputable firm will be to provide:

* Outstanding service
* Education - make you an astute and informed investor - financially literate
* Provide you with the highest quality tax structures for implementation of asset protection strategies
* Extra services to assist you with all manner of wealth creation and taxation matters - access to taxation services, financial planners, mortgage brokers, lawyers.

Australian customers are fortunate to be able to access the services of Tangible Assets. Leigh Barker and the team can you provide you with everything you need to become financially literate and capable of protecting your assets. Service is second to none and is available to everybody as their charges are very reasonable. Take the step now to ensure your financial security now and in the future.

Tangible Assets is a company dedicated to providing a range of services to clients including: asset protection, tax minimisation, financial planning, property sourcing, estate planning and a number of other services. More information can be found at http://www.tangibleassets.com.au/asset_protection.html

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Saturday, June 28, 2008

What You Need to Know About Asset Protection



protecting assets from judgment "What You Need to Know About
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  • Personal Planning Package 9 cd personal protection system
    Guides you step-by-step on how to prepare your Revocable Living Trust, Durable Power of Attorney, Last Will, and Living Will. The 9 audio CDs and 196 page workbook show you where you need to edit forms to make them work for your specific situation.
  • Business Planning Package 3 CD Business Planning package
    Guides you through creating and maintaining the appropriate business structures, including making decisions on whether to use a corporation, limited liability company, limited family partnership, etc. Lee teaches you to use these structures properly to legally shield your assets and plan for maximum tax savings. The 3 audio CDs are accompanied by a 202 page workbook.
  • Flexible Benefits Package Flexible Benefits Package - 3 CDs
    You may be familiar with the 401K as a retirement planning tool used by big corporations. As a small business owner, you also have the right to set up and administer your own 401K plan and other IRS benefit programs. Learn to save thousands in taxes while putting away money for your own retirement. Includes 3 audio CDs and a 300 page workbook with complete samples.
  • Document Library Personal Protection library documents
    A complete set of documents on a computer cd-rom so you can easily edit them, including:
    • Revocable Living Trust - including the special AB Trust provisions for married couples looking to retain each of their estate tax exemptions, protect assets, or to better plan for their heirs under a second marriage. Also, the ABC or Qualified Terminable Interest Trust (QTIP) Trust is included for limiting the distribution of assets by the surviving spouse.
    • Last Will and Testament - whether you decide to just create a will, or if you are integrating it with a Living Revocable Trust, a will is essential to your estate planning goals
    • Living Will - make sure the medical community understands your real wishes when it comes to keeping your body alive when your brain is not
    • Durable Power of Attorney - Make sure someone has the authority to take care of your personal matters if you become incapacitated
    • Children's Trust - Placing assets into a children's trust (such as your office equipment, etc) can protect it from creditors and remove it from your estate
    • Life Insurance Trust - Remove your life insurance from your estate with an irrevocable life insurance trust. Save potentially hundreds of thousands in estate taxes.
    • Business documents including:
      Corporation documents, including Articles of Organization, Bylaws, Waiver of Notices, Minutes of Organizational Meeting, Minutes of a Special Meeting Documents for employee benefit plans, and an extensive 38 point checklist for making your Corporation holding up in court
      Limited Liability Company documents
      , including Articles of Organization, Operating Agreement, Purchaser’s Membership Interest Certificate, and special checklist of Items to Review
      General Partnership Agreement
      , Subchapter S Corporation, Family Limited Partnership, Independent Contractor's Agreement, Consultant Agreement, Real Estate Lease, and Equipment Lease.
    • 401K and other benefit plans
    • and more...
  • Save yourself over $4,000 Doing Your OWN Planning

    Estate planning and asset protection of this quality will cost over $6,000 using a law firm. Using this system, you will have a better estate plan and better asset protection in place because you'll actually understand it (and understand what it will take to keep it current and effective). The major reason most estate plans and asset protection plans do not end up doing what they were supposed to is simply because they were not used and maintained appropriately. That goes for the Revocable Living Trusts not avoiding probate, and small businesses (Corporations and LLCs) not really protecting the owners.



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Friday, June 27, 2008

Asset Protection DIY Program



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Using the Personal Protection Power of
Estate Planning and Asset Protection...

Do it your self accumulation and preservation of wealth The LegaLees Accumulation and Preservation of Wealth System includes the training you need to set up your own powerful Estate Plan and other important Asset Protection strategies. It comes complete with step-by-step recorded discussions that provide an entertaining explanation of the entire process. The entire system includes 15 audio CD's and one data CD, including:

  • Personal Planning Package 9 cd personal protection system
    Guides you step-by-step on how to prepare your Revocable Living Trust, Durable Power of Attorney, Last Will, and Living Will. The 9 audio CDs and 196 page workbook show you where you need to edit forms to make them work for your specific situation.
  • Business Planning Package 3 CD Business Planning package
    Guides you through creating and maintaining the appropriate business structures, including making decisions on whether to use a corporation, limited liability company, limited family partnership, etc. Lee teaches you to use these structures properly to legally shield your assets and plan for maximum tax savings. The 3 audio CDs are accompanied by a 202 page workbook.
  • Flexible Benefits Package Flexible Benefits Package - 3 CDs
    You may be familiar with the 401K as a retirement planning tool used by big corporations. As a small business owner, you also have the right to set up and administer your own 401K plan and other IRS benefit programs. Learn to save thousands in taxes while putting away money for your own retirement. Includes 3 audio CDs and a 300 page workbook with complete samples.
  • Document Library Personal Protection library documents
    A complete set of documents on a computer cd-rom so you can easily edit them, including:
    • Revocable Living Trust - including the special AB Trust provisions for married couples looking to retain each of their estate tax exemptions, protect assets, or to better plan for their heirs under a second marriage. Also, the ABC or Qualified Terminable Interest Trust (QTIP) Trust is included for limiting the distribution of assets by the surviving spouse.
    • Last Will and Testament - whether you decide to just create a will, or if you are integrating it with a Living Revocable Trust, a will is essential to your estate planning goals
    • Living Will - make sure the medical community understands your real wishes when it comes to keeping your body alive when your brain is not
    • Durable Power of Attorney - Make sure someone has the authority to take care of your personal matters if you become incapacitated
    • Children's Trust - Placing assets into a children's trust (such as your office equipment, etc) can protect it from creditors and remove it from your estate
    • Life Insurance Trust - Remove your life insurance from your estate with an irrevocable life insurance trust. Save potentially hundreds of thousands in estate taxes.
    • Business documents including:
      Corporation documents, including Articles of Organization, Bylaws, Waiver of Notices, Minutes of Organizational Meeting, Minutes of a Special Meeting Documents for employee benefit plans, and an extensive 38 point checklist for making your Corporation holding up in court
      Limited Liability Company documents
      , including Articles of Organization, Operating Agreement, Purchaser’s Membership Interest Certificate, and special checklist of Items to Review
      General Partnership Agreement
      , Subchapter S Corporation, Family Limited Partnership, Independent Contractor's Agreement, Consultant Agreement, Real Estate Lease, and Equipment Lease.
    • 401K and other benefit plans
    • and more...
  • Save yourself over $4,000 Doing Your OWN Planning

    Estate planning and asset protection of this quality will cost over $6,000 using a law firm. Using this system, you will have a better estate plan and better asset protection in place because you'll actually understand it (and understand what it will take to keep it current and effective). The major reason most estate plans and asset protection plans do not end up doing what they were supposed to is simply because they were not used and maintained appropriately. That goes for the Revocable Living Trusts not avoiding probate, and small businesses (Corporations and LLCs) not really protecting the owners.


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Friday, May 30, 2008

Asset Protection From Medicaid

The Deficit Reduction Act of 2005 established a June 30, 2006 deadline for the Secretary of Health and Human Services (HHS) to release regulations for states to come in compliance with the new severe new restrictions on the ability of the elderly to transfer assets before qualifying for Medicaid coverage of nursing home care.

The law extends Medicaid's "lookback" period for all asset transfers to 5 years, it was originally 3 years and changes the start of the penalty period for transferred assets from the date of transfer to the date when the individual transferring the assets enters the nursing home. Qualification to the nursing home is achieved when the individual is out of funds, meaning he/she cannot afford to pay the nursing home.

The new federal law applies to all transfers made on or after the date of enactment, February 8, 2006. Any transfer made before February 8 falls under the old transfer rules. Exact enactment provisions are state by state, but it’s clear that non-compliance by 50 state legislatures puts their federal funding at risk.

You can protect yourself from the Medicaid nursing home care by taking action now while you still have your health.

You can reposition (transfer) your assets from you to an irrevocable trust with a truly independent trustee. The key is the “Independence of your Trustee.” The trustee cannot be anyone related to you by blood or marriage. And, you must be willing to give-up complete control over your assets. This lack of perceived control is the most difficult to achieve. Seniors have a deep sense of independence by their ability to control and manage their assets.

Revocable or irrevocable trust, what’s that mean? Revocable is when the original person with the assets transfers (repositions) the assets to a trust with strings attached. The tax lingo is “grantor-type trust. The “strings” when the original grantor (person with the assets) elects himself as the trustee, and the beneficiary of the trust. The grantor, the trustee, and the beneficiary are the same person. Effectively you have kissed yourself on the hand and blessed yourself as the pope. This simply will not work. Period.

An irrevocable trust is when the grantor (the person with the assets) gives-up complete control to an independent trustee who in turn will use his judgment as trustee to manage the assets for the beneficiaries of the trust. The fiduciary relationship of the trustee is to the protection of the assets at any cost. The trustee must protect and must diligently invest under the prudent man rules; he cannot ever deal for himself. The courts do not look favorably on dereliction of duties while serving as trustee. An irrevocable trust is the only significant asset protection device for avoiding the Medicaid spend-down provisions.

Asset protection from Medicaid requires foresight and a strong conviction to walk away from perceived control. Inaction is devastating. Seniors must use all their funds first, then qualify for the nursing home. It’s clear, that these new rules are designed to impoverish the healthy spouse.

author bio - Rocco Beatrice, CPA, MST, MBA
award-winning estate planning & trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
-----
Irrevocable Trust Asset Protection
Nursing Home Spend-Down
Original article posted here: Asset Protection from Medicaid
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034

Rocco Beatrice - EzineArticles Expert Author

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Life Insurance Trusts - Asset Protection

Many people do not realize that the value of their life insurance upon their death becomes a taxable event. Let's say you have property, cash and investments worth $2 million and you also have a life insurance policy that will pay your children $1 million upon your death. That $1 million will be included when the Internal Revenue Service is calculating the amount of your estate taxes; that is, if you just leave a Will and/or you don't plan for that eventuality now.

If you had an "A-B" Living Trust, your exemption would be over $2 million but that would still leave you with the $1 million life insurance policy pay out, which would be taxable.

There is a way to avoid all of this pain and it's called a Life Insurance Trust. Your insurance policy becomes an asset of your trust and the premium to be paid upon your death would be designated as "gifts." Since you are allowed to give gifts of up to $10,000 per year non-taxable to whomever you wish, the premiums would be divided up in lots of $10,000 gifts each year for each of your children and your spouse, or whomever you designate, thus taking it completely out of your estate. A trustee is assigned to this trust just like in a Revocable Living Trust.

Upon your death the proceeds of the life insurance would then go tax free to your children and you could also provide for your spouse and other family members as well.

Wealth and asset protection is not only for the wealthy. These powerful, yet simple strategies should be considered by anyone with a family, business or property.

By Steven Sears, Attorney, CPA Irvine, CA website: http://www.stevensearsattorney.com

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Medicaid Asset Protection

Asset protection for Medicaid includes a set of legal techniques for protecting your assets by transferring them to another person or trust, and thereby qualifying for Medicaid. Medicaid is a federally funded health plan that pays for long-term nursing home costs. This is designed for the advantage of those without resources and who have no medical insurance coverage.

Statistics in the United States show that most people, upon reaching age sixty-five, are likely to inhabit a nursing home at some time in their lives. Nursing home expenses may amount to about $5,000 per month, and in some cases may exceed even $10,000 per month. The financial effects can be shocking, since the medical expense quickly consume most families' personal finances. In order to protect personal assets, Medicaid applicants can transfer assets before entering a nursing home.

Medicaid asset protection involves preparing a thorough plan. You can gift your assets to close family members or to an irrevocable trust so as to lessen the amounts available and thereby qualify for Medicaid benefits. Generally, for penalty purposes, there is a three-year 'look-back' period for transfers to an individual and a five-year 'look-back' time for transfer to a trust. Transferring carried out during the look-back periods incurs a penalty that is normally a period of disqualification for Medicaid.

Planning for Medicaid asset protection also involves several tax considerations connected to income tax and gift tax. A Medicaid plan is normally designed to get major tax savings. But, failure in following tax laws will result in payment of extra taxes.

It is ideal to work with an experienced lawyer who is adept at officially rearranging your assets to make you eligible for Medicaid. Proper planning can guarantee security for your significant assets at any time, even after a family member has entered a nursing home.

Asset Protection provides detailed information on Asset Protection, Asset Protection Trusts, Offshore Asset Protection, Asset Protection Strategies and more. Asset Protection is affiliated with Asset Management System.

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Real Estate Asset Protection

For a majority of us, real estate is our most valuable asset. It might be your dream house for which you used all your savings or a farmhouse that you bought in the countryside, as a weekend getaway. No one would like to see such assets come under the threat of creditors and lawsuits.

It a given fact that real estate is one of the most fought after asset in recovery suits. Firstly, this is so because of its visibility. After all you cannot stash your house in your pocket and hide it away from your creditors or from frivolous lawsuit mongers. Secondly, real estate offers good returns. Normally, land and real estate assets only appreciate in value, and are subject to zero or low depreciation. This lends a special place to real estate as an asset. Because of all these reasons, it becomes very important to protect your real estate.

Strategies for protecting your real estate are actually readily available. In reality, these might not be the right choices for you. The safest strategies are those that have been tested in the court and are known to be successful. The next are those that lie on the so-called ?pioneering frontier,? being so original that the creditors have not yet identified them as an asset protection strategy. These strategies give the debtor a considerable edge over the creditor, who might have a hard time trying to figure out the strategy while in litigation.

States with generous homestead laws such as Florida, Kansas and Texas offer the best protection for real estate. Tenancy in the entirety for the ownership of real estate by a husband and wife is an option available to people living in states which provide for it. It is a special form of joint tenancy, where neither spouse can sell the property without the consent of the other. Formation of a residential trust is a third option.

Asset Protection provides detailed information on Asset Protection, Asset Protection Trusts, Offshore Asset Protection, Asset Protection Strategies and more. Asset Protection is affiliated with Asset Management System.

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Asset Protection Specialists

It would not surprise many to learn that nine out of ten lawsuits in the world are filed in the United States. This is probably because many of us have been directly or directly been involved in lawsuits. A fresh lawsuit is filed every thirty seconds in this country. This has brought home the need for asset protection planning, as we need to protect our assets from frivolous lawsuits.

Asset management specialists help people protect their assets. These are people with prior experience in this field, who can help one protect his or her assets by drawing out a plan based on their strategy. They study creditors, lawsuits, court judgments, and investment opportunities among other things, to suggest the best possible plan to their clients.

Lowering the asset profile of individuals has long been an objective of asset protection planners. In the past, this was done principally to put a damper on frivolous lawsuits. Nowadays, one can never be sure whether this strategy will work or not. In fact, one can never be sure which strategy will definitely work. It has become difficult to figure out what will and will not work. Every promoter's 100 per cent bulletproof claim for his pet strategy has only resulted in confusing the customer further.

It is extremely important to carefully choose an asset protection specialist and not get fooled by gimmicks, where the promoters resort to mere verbal trickery rather than real action. It is important to look at the experience of the specialist before choosing one. One must also choose someone who is realistic rather than someone who promises you the stars. Of course, there is a possibility that none of them is right.

Finally, one of the most rational ways to appraise an asset protection planning technique is by checking out whether the technique has been tested in the courts or whether it has been identified by creditors as an asset protection planning tool.

Asset Protection provides detailed information on Asset Protection, Asset Protection Trusts, Offshore Asset Protection, Asset Protection Strategies and more. Asset Protection is affiliated with Asset Management System.

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Asset Protection in Divorce

Creditor and liability problems can arise from a variety of sources, including divorce. Asset protection in divorce generally involves actions taken by spouses who want to protect their financial futures and avoid an unjust property division award.

Marital property consists of all income and assets acquired by either spouse during the marriage, even if an asset is in one spouse's name. This marital property is subject to division between divorcing spouses. Distinct property, such as property owned prior to the marriage, your inheritance, and gifts are excluded from marital property; these types of property remain non-marital property and are not divided at the time of divorce.

Individual property can lose its identity if mixed with marital property. For example, if you deposit your pay check into your premarital savings or investment account after marriage, then that account is considered marital property. The same may happen with inheritance property, like a joint account with your spouse. If you wish to have your partner's name on the deed and keep your entire equity or a particular portion of that equity, you should both sign an accord stating who possesses what piece of the property. Without an agreement, it will be treated as marital property and divided at the time of divorce.

There is a common custom in which some couples chose to sign prenuptial agreements to protect individual assets. A prenuptial agreement refers to a contract signed by spouses before a wedding; the agreement defines their property rights and expectations upon divorce. The agreement is also used to waive certain spousal inheritance rights, establish designated alimony, or even waive alimony, under certain situations. Courts will usually respect such agreements if they are drafted properly.

If your objective is solely asset protection in divorce, whether it is premarital, gift, or inheritance, a prenuptial agreement may not be necessary. Simply keep the non-marital asset separate. And think long and hard before you invest any large asset in your partner's name.

Asset Protection provides detailed information on Asset Protection, Asset Protection Trusts, Offshore Asset Protection, Asset Protection Strategies and more. Asset Protection is affiliated with Asset Management System.

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Protect Yourself With Asset Protection

Asset protection is something that everyone should have if he or she owns a home or any other property that could be loss in a lawsuit or even loss due to a fire, theft or a natural disaster. There are agencies that offer strategy, planning and consulting services for anyone who owns any assets. You might not know that protecting your assets from doctors and nursing homes. With the way health care is today, you could easily lose your assets to pay for medical costs as well as nursing home costs. It used to be that homeowners would sell their homes to a child or another relative they trust so that they could keep living there without risk of losing it when the bills piled up.

Now, you can use asset protection to make sure your assets are not deleted when you have lawsuits or even high medical costs. Even if you go into a nursing home, your assets will be protected. This has saved many people from losing assets such as a home to the banks for repaying outstanding medical debts. Everyone, not just homeowners, protects his or her assets. Doctors and lawyers as well use this type of protection in case they would have any type of lawsuit filed against them. You do not want to lose what you have because of any type of lawsuit or disaster.

The sooner you start protecting your assets the better. You never know when something could happen. You want to make sure that you have asset protection so that you do not lose anything you have of value such as property. You work hard to buy what you have and you do not want to risk not having any type of protection if anything happens that could result in a liquidation of your assets. Did you know that every thirty seconds a new lawsuit is filed against someone? It could be you. If you do not have the protection you need, you could lose everything you worked so hard to buy.

Any lawyer or other professional credit agency can tell you that without asset protection, you are putting your assets in jeopardy if a lawsuit would be filed or even if you would need to enter a nursing home. You need protection in today's world that will serve your needs and protect what you have from someone who wants retribution for anything.

Tangible Assets is a company dedicated to providing a range of services to clients including: asset protection, tax minimisation, financial planning, property sourcing, estate planning and a number of other services. More information can be found at http://www.tangibleassets.com.au/asset_protection.htm

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Asset Protection From the Beneficiary Controlled Trust Up

Asset protection works best when you start before you have a significant number of assets that need protection. You need to fix the roof before the rains pour in. The earlier a trust is created, the greater the benefits.

The time you usually worry about your assets - when facing a divorce, lawsuit, creditor demands, or a tax lien - is when you can kiss your stuff goodbye. If you have not protected it by then, it's not your property. It belongs to whoever the judge says it does.

Trusts used to be the last thing a middle-class taxpayer had to worry about. Estate taxes were the problem of the rich. A trust, along with appropriate use of corporations and limited liability companies, means never having to give your property to the ex-anyone again.

As it stands now, with modest homes in many parts of the U.S. fetching over $1 million, trusts are the most powerful asset preservation device available. In addition, all gifts and bequests should be made and kept in trust instead of being given outright.

What we call a BCT (Beneficiary Controlled Trust) goes by a more accurate description of "Crummey Defective Grantor Spendthrift Trust".

Crummey is the name of an individual who challenged the IRS and won, not a depiction of the quality of the trust. For that alone he deserves your respect and admiration.

In our Beneficiary Controlled Trust, the beneficiary also serves as trustee, hence the control. Crummey powers are handled by the second trustee, known as the Distribution Trustee, but all control and decisions remain with the beneficiary/trustee.

The BCT is designed to:

1. Give the beneficiary beneficial use and control of trust property without having ownership which can be reached by creditors or distributed by a judge in a divorce case. You can't lose property in a divorce settlement if you don't own it.

2. Have no negative gift or estate tax for the beneficiary or the person creating the trust (Grantor).

3. Own businesses in the form of corporations or LLCs to provide protection from personal liability from debts of or judgments against the business entities.

4. Pass income earned by the trust to the beneficiary to be taxed at lower individual tax rates.

5. Provide a way for parents to use their annual gift tax exemption to transfer wealth to children or grandchildren without estate tax issues for either the grantors or beneficiaries.

6. Restrict income and principal distributions only for HEMS (health, education, support, and maintenance). Distributions are discretionary, not mandated. HEMS conforms with IRS standards to make sure the assets are not included in your estate, and cannot be reached by creditors.

7. Gives you the right to replace the Distribution Trustee (2nd trustee) at any time. While this might not seem important at first, this is one of the few irrevocable trusts that can be "rewritten". The trust can continue for the beneficiary's lifetime and for successive generations. The only caveat is that the beneficiary/trustee may not rewrite in such a way as to increase his own benefits.

8. Our BCT has special testamentary powers of appointment which allows you to direct who receives the trust property upon your death. To prevent assets from becoming a part of your estate, the BCT will prohibit you from giving any property to creditors, your estate, or estate creditors. You can now pass the trust assets on to your family or charities or anyone you choose.

9. For parents who want to help their children start a new business, funds given outright to the individual child are exposed to claims of creditors or ex-spouses. Seed money contributions to the trust can be used to form a corporation or to organize a new limited liability company. An LLC owned 98% by the BCT, and 1% owned each by two natural persons such as the parents, is the structure we have found to provide superior asset protection. The LLC can then acquire assets 98% owned by the trust. An alternative is to use a no-asset corporation as manager of the LLC, and have the trust own 99%.

10. The beneficiary has no enforceable right to demand income or principal from the trust, so creditors cannot step into the shoes of the beneficiary and force a distribution. In bankruptcy, the beneficiary cannot voluntarily or involuntarily assign his interest in the trust for the benefit of creditors.

If you have full ownership of property, creditors, spouses, and the IRS can come gunning for you. Failure to exploit trusts to their maximum advantage puts a bull's-eye on your chest.

When distributions are subject to the absolute discretion of the independent Distribution Trustee, even though the beneficiary can replace that independent trustee, you now have unequalable divorce and creditor protection.

Charles Lamm is a retired attorney and owner of Trustee and RA Services, Inc., in Coral Springs, Florida. His asset protection articles appear on his blog at: http://www.corp-llc-bct.com To learn more about how to combine a corporation, LLC, and Beneficiary Controlled Trust for maximum asset protection and tax benefits, please email him at: asset-protection@corp-llc-bct.com

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Asset Protection Iron Triangle

Asset protection is not just for the wealthy any longer. When a middle class home can easily run a half million dollars in Florida, and over a million in New York or California, anyone can become a target of lawsuits, divorce courts, and the IRS.

You have to dig a well before you are thirsty, or in this case, build a legal fortress before invading barbarians reach your gate.

Your tools to protect your assets are:

* "no asset" corporation

* limited liability company (LLC)

* beneficiary controlled trust

C-Corp:

A "no asset" C corporation will be the management company for your LLC. The two work together to protect your property from those who would take it from you.

You are employed by the C Corp, not the LLC. You can also be the sole shareholder and hold all of the officer positions. Your corporation owns nothing but a checkbook.

Your corporation can pay for:

- medical insurance for the officers

- life insurance ($50 thousand limit)

- retirement plan

As an officer, you can be reimbursed for out-of-pocket medical expenses through a medical expense reinbursement plan (MERP).

Entertainment expenses directly related to the business can include:

- training expenses

- travel

- meals

- computer expenses

- phone expenses

- business gifts up to $25 per recipient

Never let your corporation pay for personal items. Commingling of funds could pierce the corporate veil and make you personally liable for corporate debts in the event of a judgment against the corporation.

This is just a partial list of deductions for your corporation. Consult your CPA or tax advisor for the latest changes in allowable deductions.

LLC:

Your limited liability company is where you earn your income. Your LLC should also own any vehicles, equipment, computers, copiers, printers, and real property.

You want your Operating Agreement to make your corporation the Manager of your LLC.

Your LLC should also pay the bulk of your operating expenses for your office, supplies, travel, fuel, utilities, phone, computers, and more.

Your interest in the LLC will be as a 99% member will be owned by the trust.

Beneficiary Controlled Trust:

A beneficiary controlled trust is the crown jewel of asset protection.

While I will not go into detail here, a BCT works like this:

Someone other than yourself establishes an irrevocable trust with you as the beneficiary and as the Investment Trustee. A second entity or person is required as the Distribution Trustee.

My company, Trustee and RA Services, Inc., can act as your Distribution Trustee if you want to keep your affairs private from your friends and relatives.

We are located in Coral Springs, Florida, and we usually situs the BCT in Florida to take advantage of Florida's excellent trust laws, as well as no state income tax.

The Grantor can put up to $12,000 per year into the trust without gift tax considerations, and you have an immediate right to withdraw the money as it is a Crummey defective grantor trust.

It's complicated, but the idea is to leave the assets in the trust and use the trust to own the LLC and to take care of your needs.

The trust can purchase property, pay for your education and medical expenses, and take care of your physical well-being. You have full control over the trust assets without actually owning anything.

As the Investment Trustee, you control how the assets are used, and you can replace the Distribution Trustee at any time.

We often refer to this as the CakeTrust, as in "have your cake and eat it too".

Summary:

You are now isolated from lawsuits, creditors, judgments, ex-spouses, and the IRS.

Charles Lamm is a retired attorney who owns Trustee and RA Services, Inc., in Coral Springs, Florida. His asset protection blog can be found at http://www.corp-llc-bct.com

You can also reach him by email at asset-protection@corp-llc-bct.com

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