FAQs

FAQs

Here are the answers to all your questions on terminology, processes, and more.

How can i protect my assets from creditors?

Asset protection means strategically preventing the seizure of assets by creditors. Following are some of the best ways to protect your assets, as recommended by One Pacific Trust:

  1. Set up a Trust: You could protect your assets by setting up an irrevocable trust, either Domestic Asset Protection Trust (DAPT) or an offshore trust. In the event of an irrevocable trust, ownership of assets is transferred to the trust itself and is therefore no longer legally yours and hence generally less accessible to creditors. Trusts also provide some degree of privacy and may be drafted to include asset protection language. One Pacific Trust offers expert guidance on setting up trusts tailored to your asset protection needs.
  2. Utilize Limited Liability Entities: Either in the formation of an LLC or a corporation, personal asset protection might be possible when personal assets are transferred into these entities, thereby separating personal and business liabilities and reducing personal asset seizure due to business debts or lawsuits.
  3. Homestead Exemption: A number of states provide a certain amount of equity protection in your primary residence, known as a homestead exemption, from creditors. Understanding your state-specific laws in regard to homestead exemption can be an important part of asset protection planning.
  4. Tenancy by the Entirety: If you are married, holding property as tenants by the entirety can provide some protection from creditors of one spouse. This form of ownership actually makes the marriage the owner of the property instead of either spouse individually, and thus the property may be beyond the reach of creditors against whom only one spouse has incurred liability.
  5. Retirement Accounts: Transfers to qualified retirement accounts such as IRAs and 401(k)s are protected under both federal and state law from creditors. These accounts are, in most instances, exempt from bankruptcy and judgment creditors and are a reasonably safe way to protect one's wealth.
  6. Asset Insurance: Liability insurance and umbrella insurance policies protect you against potential lawsuits or claims. In reality, an insurance policy can be the first line of defense for any creditor claim, as it covers legal costs and settlements.

Merging these various approaches will most definitely create a serious blockade for the creditor claims and protect not only your assets but your financial future as well. You may always refer to your financial advisor or your expert in law to tailor these asset protection strategies to your peculiar circumstances.

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