All assets (such as cars, jewelry, and homes) are not treated in the same manner. Some are exempt from attack by future creditors, while others require more protection. For example, your bank account can be more easily seized by creditors than the home you share with your spouse. As a result, it is necessary to consider the difference between exempt and non-exempt property when developing your asset protection plan.
State law governs whether a property is exempt or non-exempt. Some typical examples of exempt property include:
Using the applicable exemptions, you and a knowledgeable attorney can structure your property holdings to turn non-exempt property into exempt property. For example, instead of putting cash into a bank account, you might decide instead to fund a retirement program. Using the allowable exemptions is one of the most cost effective techniques for asset protection; however, exemptions alone are insufficient to protect many of your assets. More sophisticated techniques may be required, which is something that an experienced estate planning attorney can help you with.
Last Modified: 06-23-2015 03:52 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.