Asset Protection and Lawsuit Prevention

 

CAPITAL ASSET, INC.

 

since 1990

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What Is Asset Protection ?

Asset Protection is preserving and protecting your real estate, cash and other assets from life's pitfalls of bad investments, lawsuits, creditors, sour business ventures and predators who would like to separate you from your money.

While estate planning protects assets after you are dead, asset protection protects assets while you are still living.  For example, a living trust distributes your assets after you die, but a living trust has NO asset protection against lawsuits or creditors.

How Does Asset Protection Work?

To protect your real estate, cash and other assets, they must be transferred into legal structures where your ownership of them is shielded, minimized, made invisible or turned into a control (not ownership) interest. You control your assets but appear not to own them.

What Do You Achieve with Asset Protection?

Keep What You Have Worked Hard For. Unexpected risks and liability in life can take away everything you have in an instant. Our legal system encourages frivolous lawsuits because it doesn't cost anything to the person who wants to sue. But you as the defendant must pay your defense attorney thousands every month to defend yourself – and attorneys love to drag matters out for months and years.  Many people are bankrupt on attorneys fees before their case makes it to court or even shows much progress. 

Level the Playing Field. Imagine starting a football game where you are given a 5 touchdown lead from the beginning.  Could your team play in such a way that your opponent has no chance to catch up or win? Yes, of course. This is what you can do with your assets before a creditor or attacking attorney comes after you.

 Negotiate a Deal Most Favorable to You. Asset protection creates a situation where you can negotiate a very favorable and quick settlement should you find yourself under attack by an attorney, or pursued by a creditor. No one wants the expense of pursuing anyone who is not showing assets they will be able to take. 

Who Needs to Protect Assets and Why? 

If you are a W-2 salaried employee who rents and doesn't have a lot of cash, you do not need asset protection. But if you own a business, work as a 1099 or other independent contractor status, own your home and/or investment real estate, or invest in the stock market, precious metals or valuable collectibles, you need asset protection.

If you lose your assets – your accounts, cash, cars and real estate - you lose your financial lifestyle and security. And the older you get, the harder it is to start over.

Asset protection gives you peace of mind that no one can come after what is yours, and that your assets will still be there when you retire and really need them.  

 

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I'm a Good Person. Who Would Want to Sue Me?

Employment lawsuits stemming from: Age discrimination. Racial discrimination. Gender discrimination. Religious discrimination. Pregnancy discrimination. Disability discrimination. Mental illness discrimination. Addiction discrimination. Sexual harassment. Peer harassment. Gossip among employees. Job references (good or bad). Whistle blowing. Retaliation. Wrongful termination. Negligent employee retention. Releasing medical information. Unequal mental vs. physical health coverage. Employee injury from chemical exposure. And much more.

Professional Malpractice lawsuits
stemming from: Medical malpractice. Legal malpractice. Psychological malpractice. Engineering malpractice. Architectural malpractice. And much more.

Business Liability lawsuits stemming from: Environmental cleanup liability. Products liability. Shareholder liability. Securities fraud. Liability of outside directors. Liability from unsatisfied customers. Personal injury when a customer drinks too much and hurts someone. Personal injury when a customer slips and falls. And much more.

Personal lawsuits stemming from: Divorce. Lawsuits by children. Lawsuits from business partners. Creditors claims. Accidental injury caused by a family member. Pregnancy (your son gets a girl pregnant). Personal injury caused by a drinking guest. Personal injury caused by your teenager driver hitting another car. Personal injury when a guest slips and falls. And much more.

Asset protection is all about reducing your visible ownership of your assets to a minimum while increasing your control of your assets to a maximum. The less you appear to  ‘own’ to someone doing an asset search on you, the less chance you have to be sued. Our legal system is geared so that you can only lose what you own, not what you control.

 

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