Holding Property As Tenants By the Entireties
Some states recognize the common law asset protection doctrine of tenancy by the entirety. A tenancy by the entirety is form of ownership that can only exist between a husband and wife. The other attributes of this form of ownership are the concepts of common time (i.e. it can only…
Tips for Funding Your Asset Protection Plan
We've had a lot of interesting call lately regarding unfunded asset protection plans. An asset protection plan--a Family Limited Partnership combined with an The Bridge Trust™--is only useful for protection against creditors if there are actually assets titled in the name of the plan. That should go without saying, but…
How to Make Change Even When It Feels Wrong
We all have difficulty with change. As an asset protection attorney I see this a lot. It's not atypical at all to see clients who are stuck in losing investments who hold their positions with the intention of getting out as soon as they "get back to even." It almost never…
Obama’s New Tax Plan and How it Affects Your Wealth
This is a big week. The Obama Administration released a report detailing its proposed tax law changes, many of which are slated to take effect at the end of 2012. Among those changes are alterations to the current gift and generation skipping transfer tax rates. Currently, individuals can gift approximately…
Ponzi 101: How to Spot a Madoff Scheme
The dust has largely settled on Bernie Madoff's media coverage. Outside of a few television specials on the subject, the perpetrator of the largest Ponzi Scheme in history is quietly serving his prison sentence, and he will probably never again see the light of day as a free man. Despite…
What Is Your Investment Strategy?
Many recent conversations with our clients have revolved around investment strategy and the role it plays in asset protection planning. Like asset protection, investing is very much about identifying risks, deciding which risks are worth taking, avoiding other risks. In short, both investing and asset protection are about risk management.…
Deeding Your Home To An Asset Protection Trust: Due-On-Sale Clause Lies
Recently we've heard a lot of rumbling from clients about banks that are just plain uncooperative and unwilling to adhere to any measure of reason with respect to asset protection trusts. Specifically, it seems that banks are succeeding at scaring people who want to refinance their homes. The typical situation…
Transferring Assets Into Your California Asset Protection Plan
It's typically pretty easy to transfer assets into your asset protection plan. That's especially true of Lodmell & Lodmell asset protection plans. However, there are occasionally some complications and difficulties that arise with the creation and funding of asset protection strategies. For example, California state laws impose onerous burdens relative to other…