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so when I’m working with a client on
asset protection I like to Define our
objectives as we want to arrange their
Affairs so that we reduce
their attractiveness to a potential
creditor we want to
use insurance
in the planning and by proper planning
we want to encourage a favorable
settlement as early as possible in the
process but we also want to make sure
that if litigation is inevitable if we
can’t avoid it that the assets are going
to be as difficult for a creditor to
attach as possible we typically start by
making sure they have proper Insurance
in place and that’s important because
the insurance gets you a lawyer if
there’s a threat of a lawsuit otherwise
you have to pay that lawyer yourself
it also creates a bucket of money for
the Creditor
to focus on without insurance the client
is the only possible source of recovery
we then go into state law
depending upon where you live your state
could provide fantastic planning
opportunities like Florida does and then
once we’ve taken advantage of state law
protections which are generally free or
cheap then we start to look at more
complicated domestic asset protection
trusts offshore trusts and multiple
entities
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Orlando, FL estates & probate attorney Jim Flick talks the primary goals of Asset Protection Planning. He explains that when working on asset protection with clients, the objective is to arrange their affairs to reduce attractiveness to potential creditors. Proper planning includes using insurance and encouraging early, favorable settlements. If litigation is inevitable, assets should be difficult for creditors to attach. Starting with proper insurance in place is crucial, as it provides a lawyer and a separate bucket of money for the creditor. State law protections are then utilized before exploring more complicated domestic asset protection trusts, offshore trusts, and multiple entities.