Organizing for Total Asset Protection
For information on Company Formation, Vitamin Lawyer Corporation Connection.
Being successful in the business world requires intelligence, ingenuity... and some luck. The entrepreneurial skills that lead to success, though, are not necessarily the skills needed to keep the wealth your business acumen has created. The years of effort it often takes to achieve a level of success can be unnecessarily lost to taxes and lawsuits.
For example, sometimes what you think of as an asset, such as business vehicles or income producing property, can actually be a risk for all your assets. "Risk property" is property that can lead to lawsuits against you personally -- putting all your hard-earned resources at risk of loss.
Total Asset Protection is aimed at providing you with the best protection available against catastrophic loss -- and the same strategy that protects against lawsuits also minimizes estate and other taxation.
This web page will help you understand the overall strategy for asset protection, based on the work of the country's leading asset protection lawyers -- using the most advanced current techniques. We primarily use the special tax and judgment protection status of Family Limited Partnerships, Limited Liability Companies and Limited Partnerships, together with Family Trusts and Will forms that tie these all together for maximum asset protection. Top
What is particularly beneficial here is the way we tie together these diverse entities for Total Asset Protection. The three primary documents, Trust, Will and Limited Partnership Agreement, average over a twenty pages, yet each is written with the others in mind, carefully structured to reach the maximum benefits allowed by Law and Regulation.
Please note that the actual Plan devised for each client will be unique to the special circumstances of that individual, based on our copyright Total Asset Protection Questionnaire and an interview.
What is especially beneficial is the same structure that protects you from lawsuits will spread income to minimize taxation while establishing an effective estate plan.
When the fair market value of your assets exceeds $5,000,000 (taking into account the special "discounts" that apply to protected assets - the Evaluation Discount, the Lack of Marketability Discount and the Minority Interest Discount) you may also wish to consider a Family Foundation to maximize benefits.
Certain individuals, in certain circumstances, may also qualify as ministers or religious workers with the special rights and privileges which inure thereto (see my article on the Ministry and Alternative Practices, http://home.earthlink.net/~lifespirit23/minlaw.htm and use your "Back" button to return here).
Planning for Total Asset Protection must be accomplished as early-on as possible. The sooner the process is begun, the more successful the results.
For example, Gift Tax Laws may impact how quickly assets (and the income they produce) can be spread among family members to benefit from the lower tax rates that may apply in such situations.
A recent Court decision confirms that "A transaction that is a bona fide sale between strangers must also be bona fide between members of the same family." and "tax planning motives do not prevent a sale from being “bona fide” if the transaction is otherwise real, actual or genuine." Kimball v USA, No. 03-10529, filed May 20, 2004.
As an attorney, my role in this process is to
(1) Collect the essential information from you to understand your particular situation (Total Asset Protection Questionnaire),
(2) Devise an Asset Protection Plan based on those circumstances,
(3) Communicate the Plan to your tax planners, local attorney, accountants, brokers and asset managers, and
(4) Prepare the interlocking documentation, as listed above, to implement the Plan. Top
Your local attorney will file all documents, obtain Federal ID numbers and transmit final copies to you for archiving.
In this way, you can protect your assets from law suits, maximize the tax benefits for yourself -- and the estate planning benefits for those for whom you want to provide in the future.
The best gift you can leave your loved ones are assets protected against the "slings and arrows of outrageous fortune..."
Does your Web Site need a Site Use Statement? Of Course it does!
If you want to avail yourself of this service, please email me at firstname.lastname@example.org with "Asset Protection" in the subject line. I will need the name and contact information for the local attorney of your choice. My rate for this service is $200.00 per hour and I estimate a minimum of 20 hours to prepare and implement your Plan.
An Initial Retainer of $600.00 will provide you with the Total Asset Protection Questionnaire, which, upon completion, will allow me to prepare a Plan Outline with specific recommendations for you (included in this Retainer) and to estimate the Preparation Retainer needed to prepare the full Plan documentation (this gives you an opportunity to decide to go forward). Fees can be paid through Pay Pal over my Services Web Page.
Thank you for giving me this opportunity to be of service to you and your family. Top
Ralph Fucetola, JD
ã2000, 2001, 2002, 2003 03/14/03