what kind of lawyer do i need to protect my assets and business when i die

What does an asset protection attorney do?

Jun 23, 2020 · So, below are the ten essential legal steps to protecting your family and your assets before you die. 1. Hire an Estate Planning Attorney. Sure, you could do it all yourself, but how would you be sure that you’re doing it right? An estate planning attorney knows all the tools of the trade and can best advise you on how to protect your assets and those you love by …

Do I need an estate lawyer to protect my assets?

1) Funding a protective trust at death to provide for a spouse or children, 2) The transfer of assets in return for interest in an LLC or LLP, or. 3) A transfer that exchanges for an annuity (or ...

How can I protect my assets from creditors?

Jul 17, 2013 · An elder law attorney can help ease those costs and burdens. This article will discuss three techniques that elder law attorneys use to help families protect themselves against the financial cost of long term care once the need for that care has arisen. These strategies are just part of the planning arsenal that is available.

Do I need asset protection in my bankruptcy case?

But there are more benefits to this plan. This plan can also give your beneficiaries protections after you’re gone. You can protect your surviving spouse from nursing home liens. You can protect your kids and grandkids from divorce, substance abuse, bankruptcy, and lawsuits as well. But you can’t do any of those things if you don’t make a ...

What happens to a business when the owner dies?

Its assets and debts become part of the owner's holdings, and the estate is distributed according to the terms of the will. Unlike sole proprietorships, corporations or S corporations do not automatically cease to exist when a business owner dies; instead, the estate becomes the new owner of the business.

What happens to business bank account when owner dies?

Your business assets are your personal property, including the bank accounts. Even if you have a separate account set aside just for business expenses and income, it's still a personal account. The law says after you die, it will be disposed of like any other bank account.

What documents should you have before you die?

7 Documents You Need to Fill Out Before You DieLast Will & Testament. The fundamental purpose of a will is to outline who will receive your assets upon your death. ... Trust. ... Power of Attorney. ... Healthcare Power of Attorney. ... Living Will. ... HIPAA Release. ... Letter of Intent.Dec 30, 2016

What happens to your assets when you die?

In most cases, your property is distributed in split shares to your "heirs," which could include your surviving spouse, parents, siblings, aunts and uncles, nieces, nephews, and distant relatives. Generally, when no relatives can be found, the entire estate goes to the state.Mar 15, 2022

What debts are forgiven at death?

What debt is forgiven when you die? Most debts have to be paid through your estate in the event of death. However, federal student loan debts and some private student loan debts may be forgiven if the primary borrower dies.Aug 7, 2021

How soon after death does Social Security stop?

Benefits end in the month of the beneficiary's death, regardless of the date, because under Social Security regulations a person must live an entire month to qualify for benefits. There is no prorating of a final benefit for the month of death.

What happens to a person's bank account when they die?

If the account holder established someone as a beneficiary, the bank releases the funds to the named person once it learns of the account holder's death. After that, the financial institution typically closes the account.Apr 6, 2022

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What information should I leave in case I die?

Your heirs will need to know all of your account information, down to your utility bills and your tax returns. You can either create a list or include copies of statements in the file, or just directions to where to find them. Also useful is a list of relatives to contact.Aug 1, 2014

What things need to be taken care of when someone dies?

To Do Immediately After Someone DiesGet a legal pronouncement of death. ... Tell friends and family. ... Find out about existing funeral and burial plans. ... Make funeral, burial or cremation arrangements. ... Secure the property. ... Provide care for pets. ... Forward mail. ... Notify your family member's employer.More items...•Mar 18, 2022

What is the order of inheritance without a will?

If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). This means that your estate will be divided amongst your surviving spouse, children, parents or siblings according to a set formula.

How much money does the government take when you die?

There is no federal inheritance tax, but there is a federal estate tax. In 2021, federal estate tax generally applies to assets over $11.7 million, and the estate tax rate ranges from 18% to 40%. In 2022, the federal estate tax generally applies to assets over $12.06 million.Dec 22, 2021

What happens if you die without a will?

If you die without a will, your estate is processed through a legal system called probate, under which courts and the state laws will decide where your assets go. Again, even if you don’t think you have much to bequeath, in legalese, a will keeps your estate out of probate. So, you make the decisions rather than someone else.

Is it inevitable to die?

No one likes to think about dying. It’s not a particularly fun pastime to ruminate on our inevitable end. But it is because that end is inevitable that we need to plan for it. And perhaps we could alleviate some of our anxiety about dying if we take the necessary steps to protect our families and our assets.

What is a will and testament?

A will is the cornerstone of most estate plans, and must meet certain statutory requirements to be enforceable. A last will and testament may allocate specific provisions to specific beneficiaries, as well as set up the parameters for distributing the rest of your assets that are not specifically named elsewhere in your will or estate plan.

What is a power of attorney?

A power of attorney designates someone to handle your business and financial affairs if you become incapacitated. In general, this person, or “agent”, cannot override your express wishes like a written will. Instead, they make the choices you would if you were able.

Why is it important to have a contract?

Contracts are critical in the business world to establish a relationship with another business, hire an employee, outsource to a contractor, or make any other kind of arrangement . Contracts are legally binding and can lead to costly lawsuits if broken. If they aren’t written well, they won’t actually protect your interests and assets when challenged. Once again, a qualified attorney is going to be invaluable for drafting contracts for your business to use as well as looking over contracts you have been asked to sign. Avoid doing business with someone without some kind of contract in place, because then you will have even less protection if a lawsuit occurs.

How to protect your business from creditors?

It is important to keep everything separate, particularly by maintaining a separate business bank account, credit card, and checkbook. Be sure to keep immaculate records and use the business entity name for all functions, among other precautions. This will help prevent creditors from piercing through your corporate veil and getting at your business assets when you personally run into financial trouble or are battling a lawsuit. It is also simply good practice to avoid mixing your business and personal finances for an easier time filing your taxes and a lower chance of being audited afterward.

What is asset protection?

The goal of asset protection is to protect wealth, property, and other assets from creditor claims. Asset protection strategies are used both by individuals and companies. They help limit creditor access to valuable assets and properties in a legal fashion.

Can you get sued for asset protection?

Asset protection planning might seem like something only for the super wealthy. Elder Law explains that anyone can get sued. Lawsuits can come from a variety of places, including car accidents, credit card debt, foreclosures, unhappy customers, and more.

What is the lowest tier of asset protection?

To get a better idea of how to decide what to do, the lowest tier of asset protection may include buying a homeowners or auto insurance policy. Altering the deductible and coverage level helps you create the right coverage for your personal or business property. Moving up in the asset protection continuum could include setting up a limited liability company (LLC) or corporation. An LLC may provide protection for rental property or other real estate. A corporation can own your business. The protection of an LLC or corporation comes from protecting your identity, separating you from your asset in the eyes of the creditor. Plus, it could be a good idea at this level to set up a life insurance trust to protect the cash value of your life insurance policy. A powerful strategy further up on the continuum often includes creating an asset protection trust.

Can a corporation own a business?

A corporation can own your business. The protection of an LLC or corporation comes from protecting your identity, separating you from your asset in the eyes of the creditor. Plus, it could be a good idea at this level to set up a life insurance trust to protect the cash value of your life insurance policy.

Is there a one size fits all asset protection plan?

A final thing to note with asset protection and your attorney is that there is no “one size fits all” plan. Asset protection operates on a continuum, varying in complexity and coverage based on the individual or company’s need. Like any profession, with attorneys, There are good and bad ones.

What is the rise of litigation?

Economic turmoil is quickly followed by a rise of litigation, not only by individuals seeking to recover some of their losses, but also by governments seeking to claw back the profits made, unfairly, during the crisis.

How are annuities created?

Annuities are created when you exchange assets for a contractual right to receive payment over a period of time. Most people are familiar with annuities sold by insurance companies. The function is similar, but these annuities are private and do not involve an insurance company.

What is considered an equivalent consideration in estate planning?

In estate planning, reasonably equivalent consideration includes: 1) Funding a protective trust at death to provide for a spouse or children, 2) The transfer of assets in return for interest in an LLC or LLP, or. 3) A transfer that exchanges for an annuity (or other interest) that protects the principal from claims of creditors.

What is a private annuity?

Private annuities are very similar to insurance company annuities , and have some income tax consequences, but do protect the principal against attachment. There are also trusts which use annuities called split interest trusts. Some are where you (as the Grantor) gift assets but retain the right to receive payments.

What can an elder law attorney do?

An elder law attorney can help ease those costs and burdens. This article will discuss three techniques that elder law attorneys use to help families protect themselves against the financial cost of long term care once the need for that care has arisen. These strategies are just part of the planning arsenal that is available.

How long does self care last?

It will last for an average of three years. One in five of us will need long term care assistance for five years or more.

Do we need long term care?

It’s a particularly unpleasant aspect of aging. We are likely to need long-term care services before we die. By “long- term care” I mean the type of care you need if you have a prolonged physical illness, disability or severe cognitive impairment (such as Alzheimer’s disease) that keeps you from living independently.

Is Medicaid a safety net?

That leaves the Medicaid program, America’s health care safety net, as the most significant potential alternative source of long-term care financial assistance for most people. But Medicaid has complicated financial qualification rules that can prevent a long-term care recipient from qualifying for the program.

What does asset protection mean?

Read the Article. Asset protection can mean different things. For instance, if you are a surgeon, or a hedge fund manager, or you just sold your business, asset protection techniques and strategies are different from someone interested in protecting from loss due to a potential future stay in a nursing home.

Can annuities save money?

Depending on the situation and the circumstances, annuities can save a lot of a couple’s assets. However, annuities are not a magic wand. You shouldn’t just run out and purchase a bunch of annuity contracts. So, if we’re aging in place, or Preplanning Option 5, annuities probably aren’t very useful.

Can you transfer money to a nursing home?

As in many of the other asset protection techniques used to protect your money or house from a nursing home, a transfer-for-value rule may apply. There are qualifying factors, but in some circumstances, you can transfer money or a house to your child and it will be protected from Medicaid or a nursing home.

What happens if you get sued?

In many (if not all) states, courts have power to declare certain transfers of money and property to be fraudulent or otherwise invalid.

How to protect yourself from personal liability?

To protect yourself from personal liability, consider forming a corporation, limited liability company (LLC), or limited partnership (LP) for your business. Doing so will, in most cases, reduce your exposure to your business investment.

Who governs a trust?

Typically, for a trust to shield your assets, a trustee (other than you) must have the discretion to make any and all disbursements. When creating the trust, you would specify the terms and parameters in the trust document, and the trustee then governs the trust according to those terms.

Can you use your car for work?

If you use your car for work (e.g., pizza delivery, dog grooming, transporting people), make sure your automobile policy does not exclude business use. If it does and you get in an accident, there is a high probability the insurance company will refuse to pay.

What is the most important insurance policy?

For most people, the two most important insurance policies are: Automobile liability insurance and homeowner’s insurance (renter’s insurance if you do not own a home). For each policy, make sure you thoroughly understand what your policy limits are, what your policy covers, and which exclusions apply.

Does homeowner's insurance cover a home?

Beyond covering the structure and contents of your home, homeowner’s insurance has the added benefit of providing you with liability coverage for a wide array of potential claims. Here are a few examples of claims that might be covered:

What is auto liability insurance?

Automobile liability insurance covers you in the event you negligently cause someone injuries, death, or other damages (e.g. , property, loss of wages, etc.). It is mandatory in almost every state.