Asset Protection Estate Planning

It is indisputable that our society has become increasingly litigious over the past several decades. A significant percentage of our citizenry each year are subject to property and monetary claims of varying origins.  Civil claims can be based on a verbal or written contract or tort claim, such as negligence.  Quite frequently, they are based on marital claims arising from the dissolution of a marriage or forced inheritance rights under state law.  There also can be governmental claims based on actual or alleged tax liabilities, environmental law violations, recovery claims for governmental benefits paid, and fines and penalties related to a myriad of other federal, state and local laws. 

Because expecting perfection from our excellent judicial system is obviously unrealistic, having a meritorious defense is no guarantee that an adversarial claim will ultimately prove to be unsuccessful.  Defending against such claims can be costly and may result in agreeing to a substantial settlement simply to avoid the potential risk of losing the defense of such claim in court.  Having a significant amount of assets exposed to satisfy such claims also may even invite them, aggravate the amount claimed, increase defense costs, prolong court procedures, and extend the time necessary to reach their resolution.

At Foulston Siefkin, we realize the financial impact this exposure can have on our clients and are sensitive to the fears and anxieties they often feel as a consequence.  Our Estate Planning and Probate Practice Group of Foulston Siefkin consists of  highly knowledgeable attorneys whose estate planning practice focuses on asset protection as a major component of the estate planning process.  We welcome readers to download the Asset Protection Estate Planning summary prepared by Practice Group attorneys for an extended discussion on estate planning strategies addressing this frequently overlooked and under-planned necessary component of a comprehensive estate plan.  Readers are also invited to visit our Practice Group page for information on our Practice Group attorneys, estate planning services offered and useful information regarding other important aspects of the estate planning process.

 

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