ASSET PROTECTION

Litigation in America is an ever-increasing likelihood. The possibility that someone may take your assets away from you or your children is ever-increasing - a divorce, lawsuit, or judgment can claim all or a portion. If this is a concern to you or your family, asset protection planning will ensure your once your assets are in the hands of your beneficiaries, those assets will be protected from their future creditors, divorce, judgments, and even from your children themselves. However, in order for this protection plan to work, it must be set up in advance, before there is a problem, and before creditors are circling like buzzards.

It can be a big mistake to leave your children’s inheritance to them outright. Ask yourself if it’s possible that one or more of your children might:

• Inherit the money too young and handle it foolishly
• Get divorced and lose half of their inheritance to a disgruntled spouse
• Marry a spouse who squanders the assets on gambling or a drug addiction
• Start a business which go bad, and then end up bankrupt and lose their inheritance
• Unintentionally cause a serious accident which would put their inheritance at risk of being lost to damages.
• Suffer a serious illness that requires huge medical payments or even require nursing home care
• Die prematurely before they have children to whom they  can pass on their inheritance to the next generation.

The manner in which you leave your property to your children determines how much asset protection they will have. This may be especially important if your children are doctors, lawyers, landlords, or business owners, as these professions are subject to a larger proportion of lawsuits. It is an equally sensitive concern if your children have a history of addiction or have had a string of bad marriages.

We are often asked if there is a way our clients can leave their legacy to their children without the son-in-law or daughter-in-law getting everything. The answer is that yes, we do this quite frequently.

We help clients create lifetime trusts for their children, so their children will be protected from divorcing spouses, creditors, and lawsuits. It is a tremendous gift to your beneficiaries and one that passes your care and values to them in a meaningful way. This is one of the most sought-after reasons why our clients utilize our planning solutions.

Spellerberg Law assists its clients with Estate & Business Planning, Probate & Trust Administration, and Elder Law throughout California and Tennessee.