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Life is full of surprises. Although many of us have optimized the legal structures to preserve our assets, we do not know when and where a lawsuit may arise. This uncertainty makes more and more owners, entrepreneurs and investors wonder what would happen if someone sued them or if they pass away. Are my company and my assets protected? What will happen to my family?
Asset protection involves taking preventive legal steps to deter or contain any direct legal action, charge, or encumbrance on your assets. In other words, it means shielding your assets to make it difficult and, even under certain circumstances, impossible for your assets to be seized, adjudicated, or administered contrary to your will.
Traditionally, asset protection is recommended for entrepreneurs or investors who participate in high-risk businesses (such as real estate rentals, tenders, etc.), providers of professional services (such as doctors, engineers, etc.), or those individuals whose assets have increased and realize that this new situation makes them more vulnerable to unforeseen and exaggerated claims for personal injury or harassment, and for which insurance coverage is not available, has been rejected or is simply insufficient to cover the potential damages.
The process to establish an effective asset protection strategy is divided into two separate stages: The diagnosis and the execution.
Takes one to two hours; it may require more time depending on the size and complexity of your asset portfolio and your personal and business circumstances. Collaboration with accountants, financial advisers, and insurance professionals is essential at this stage. The diagnosis concludes with the definition of a personalized strategy depending on each client’s profile and needs. This phase ends once the client approves the final strategy.
It may involve the constitution, recapitalization, conversion, or dissolution of various business entities; the creation and financing of diverse types of trusts; the relocation of liquid investments; the formalization of existing financial agreements, pre-and post-marital planning; and the planning of goods, among others. Our clients’ asset portfolio ranges from home and personal savings to extensive asset portfolios that could include multiple business stakes, real estate investments, intellectual property, works of art, yachts, planes, legacies, etc. Our knowledge and expertise in dealing are any patrimonies are extensive.
No, but numerous legal actions can be taken to protect your assets. What to do, when to do it, and how to do it depends on circumstances and the patrimony. Protecting a stake in a business differs from protecting ownership in real estate. The advantages, disadvantages, costs, and effectiveness of the various strategies must be carefully evaluated to make an informed decision. Improperly planned asset transfers or conversions could make it easier for somebody else to collect awards based on your assets and / or attribute liability to third parties involved in such transfers.
For owners and entrepreneurs who are not used to frequent consultations with an attorney specializing in business and wealth protection, all this can be a bit overwhelming. If you only desire some quick advice, we offer a fixed consultation fee where an assigned advisor will provide you with informal diagnostic and preliminary recommendations. Some pieces of advice can be immediately and easily implemented by the property owner, while the guidance of an experienced attorney will be necessary for others. All recommendations aim to provide the best protection for your assets. To add more value, we also focus on identifying additional beneficial actions involving other legal areas such as business law, estate planning, real estate, and taxation. To perform a more extensive diagnostic, please ask for our hourly rate basis and a minimum hiring fee.
It’s okay. Hiring an attorney is an important decision. We never charge to discuss our fee structure, experience, and credentials so you can determine if we are the specialists you need.
Beware of advice from those who are not lawyers and/or have no asset protection experience. Never make a self-diagnosis or act based on what you have heard in a seminar, read in a book, or found on the internet. For more information, visit our blog and read our articles on relevant legal topics of great interest to owners and entrepreneurs.
«Preserving and protecting the interests of the family is part of our nature and instinct.»
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