Asset protection is more important than ever before. Today, you have risks at every turn. Lawsuits, high cost of long-term care, auto and home accidents, or years of Probate. All too often, we settle and fail to consider the importance of comprehensive protection. In other cases, all we need is the best legal document to protect what we own. It is not worth rolling the dice and sacrificing your savings or your hard-earned assets. And it is next to impossible to keep up with what you need for protection. Many changes you need come without warning.
Today and in the following several articles, I will review a few asset protection strategies.
Homestead Real Estate Asset Protection
Suppose you are married and currently working as the police. In that case, your principal place of residence should be titled in Tenants by Entirety. This form of legal title protects your marital property from the creditors of one spouse.
With the growing popularity of concealed carry laws, there comes with it a significant risk of liability. However, you can also obtain insurance protection for firearm claims. It would be best to have insurance coverage for as long as you carry a firearm.
Asset Protection with Automobile Insurance
The most common auto policy written today is the same as it was 25 years ago – $100,000/$300,000. It means you have $100,000 in individual protection for damages caused by you or a covered driver on your policy. Similarly, you have $300,000 total coverage for all injured parties. Consequently, you are personally responsible for damages that exceed these amounts. Even a minor accident can result in hospitalization, extended medical care, or death. However, Umbrella Insurance only costs an average of $250 per year. The policy provides an additional $1 million in liability protection for each covered vehicle and your residence.
Investment Real Estate
If you own commercial property, your renters can sue you for various reasons. For example, claims made for injuries resulting from property defects inside and outside of the residence. First, be sure you have the right coverage and are not overpaying. Secondly, eliminate any personal liability concern for excess claims by holding title to any investment property in either a Corporation or an LLC. Moreover, a Series LLC allows you to separate liabilities from each property if you own more than one investment property.
Long Term Health Care
Will you need it? For those who live longer than age 65, 70% will need some long-term health care. To clarify, only 40% of people will require inpatient nursing care. However, all long-term health care is expensive. Fortunately, there is a hybrid insurance policy that is offered. This policy provides long-term care insurance and, if not accessed, it can be converted to life insurance at your death.
Living Trusts and Asset Protection
At the end of your life, or if you become incapacitated, property or bank accounts in your name, are at risk of Probate.
- A Will must be probated. The rule is no one can legally sign your name. Therefore, all assets in your name are subject to the complete probate process at your death or incapacity. This court process averages 18 months and is costly.
- A Living Trust completely avoids Probate.
- A Living Trust estate plan includes both Health Care and Financial Power of Attorney documents and a Last Will and Testament for guardianship of minor children and to “pour over” any assets still in your name at your death, out of Probate.
A Revocable Living Trust is a written, legal document that allows you to privately pass your assets to your family, friends, or charities after your death. Assets in a properly funded Trust are not subject to Probate. These include real estate, bank accounts, stocks, and minor beneficiary policies and accounts. Your life insurance policies and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations. However, often it is recommended that adult beneficiaries, without legal or other restrictions, be named as beneficiaries.
This blog entry was created for information and planning purposes. Therefore, it is not legal advice. Please do not use this blog as legal advice, which turns on specific facts, as well as laws in specific jurisdictions. No reader of this blog should act or refrain from acting on the basis of any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s state, country or other appropriate licensing jurisdiction