Over the past 20 years we have been providing asset protection advice to clients in the United States and around the world. We have completed over 3,000 transactions and developed a reputation for aggressively defending our clients’ assets. We do not believe in cookie-cutter solutions and each asset protection plan we develop and implement is custom tailored for each client.
There is no right or wrong way to protect assets, and there are approximately two dozen frequently used structures. We will choose an appropriate structure after we analyze the types of assets that must be protected, the aggressiveness and intelligence of the creditor and their attorney, our client’s desire for peace of mind, the timing of the planning, available state and federal exemptions and certain other factors.
The structures we use may range from simple domestic LLCs and irrevocable trusts to complex offshore structures not used by any other law firm. All of the documents we draft have been refined over many years and hard experiences, and are among the best on the market. Even a simple limited liability company utilizes an operating agreement that affords various forms of additional protection for assets not otherwise available under state law.
We have extensive experience protecting assets from claims of various federal agencies (including the FTC, the FDA, the SEC and the IRS), state tax authorities, lenders and landlords holding personal guarantees, counter-parties in automobile accidents, professionals facing malpractice claims, litigants in high stakes cases and many more.
Our clients range from small business owners and real estate investors with a net worth as low as $1 million, to Silicone Valley entrepreneurs and foreign investors with a net worth of over $1 billion. We believe that whatever assets you have, you should be able to keep, and we will help you do that.
When designing an offshore structure, we call on our international network of connections, developed over the many years of practice. Our clients have multiple choices of jurisdictions for foreign trusts, offshore LLCs and offshore bank and investment accounts. For clients who would like to first meet their offshore service providers we can arrange appropriate meetings.
Our lawyers have taught hundreds of seminars around the world, written books and dozens of articles, drafted trust laws in asset protection jurisdictions, developed form trusts for offshore trust companies and have offered peace of mind to hundreds of clients.
We encourage you to call us or fill out the contact form on this website. All website inquiries are promptly answered. Please provide a very brief outline of why you need asset protection, and a description of the assets that need to be protected and their approximate value. We look forward to speaking with you.
Jacob Stein 2018-12-05
Webcast, Aliant, LLP
Jacob Stein is different because he has the experience, the success stories, and capabilities that our competitors do not, allowing him the ability to offer his clients strategic and effective solutions to their asset protection needs.
Yes. In practice, a well-structured asset protection plan will discourage the plaintiff from suing you in the first place. Even if you are sued, an asset protection plan will make it very difficult, and sometimes impossible, for a plaintiff to reach your assets.
Under community property laws each spouse is deemed to own all of the community property assets. Because a creditor can seize from you all the assets that you own, if either spouse is sued, all of the spouses' assets are exposed to the lawsuit. In non-community property states (like New York), the separate property of one spouse is not subject to the claims of creditors of the other spouse. Fortunately, all community property states allow their residents to opt out of the community property system.
There are approximately 6 different techniques of protecting a personal residence. They include: the residence trust, a friendly equity strip, a bank equity strip, a sale to a friendly party, a sale to a third-party, a transfer into a single-member LLC. There is no one solution that works best for everyone. We will make the determination of what would work best for you, on a case by case basis.
Yes, and often much safer than investing in the U.S. Many European financial institutions have been around for hundreds of years. They have survived world wars and financial catastrophes. These are usually very large institutions that simply do not advertise their services in the U.S. and are not well known to U.S. investors. It surprises many Americans to find out that many of the world's largest banks are names that they have never heard before. For example, BNP Paribas is larger than either Bank of America or JP Morgan Chase.
None. A foreign trust will neither increase nor decrease your taxes. It is treated in exactly the same manner as your living trust. You will continue to report the income of the trust on your income tax return.
Here are the most commonly used structures in asset protection. Click each to learn more.