| Proper
planning often involves consideration of methods to protect your wealth
from the reach of unfriendly hands. Whether wealth is exposed to dissipation
through divorce, elective share rights of a spouse at death, creditors,
or government taxation, there is generally an ability to obtain protection.
This protection can also be extended to children, grandchildren, and
others who may inherit from you.
Common
methods to achieve a level of asset protection incorporate the use
of corporations, trusts, or family limited partnerships. Other methods
may be unique to particular federal or state law, where retirement
plans, annuities, jointly owned property with a spouse, or homestead
property may offer a degree of asset protection if appropriate in
your circumstances.
Asset
protection considerations, however, need to be viewed in the context
of an overall plan. Title to assets will generally determine the
level of protection that exists, but the title will commonly also
determine who inherits the property, how the property will be managed
in the event of death or incapacity, and the level of tax exposure
that will exist. Therefore, careful thought and consideration of
many issues must be undertaken when implementing an asset protection
plan.
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