Asset Protection For The Middle Class?
You Bet!
As an Asset Protection lawyer that works with high net worth clients nationwide I have a large variety of the most sophisticated legal and financial tools at my disposal to help protect my clients. When Norb Vonnegut asked me for an Asset Protection primer and wealth tools that apply to everyone for Acrimoney, I went back to basics.
- Do Something TODAY. Every day that passes makes transfer, tools and actions you take to protect yourself stronger and harder to argue with. Trying to protect yourself after you have a liability event is rarely effective and usually illegal;
- Liability Insurance is your first line of defense, buy every dollar you can afford, including umbrella policies, assume it won’t work and have a back up plan;
- Use corporate entities like LLCs as liability firewalls. Always divide and segregate your personal & business assets (and liabilities) as much as possible. “Sole Proprietor” is almost always the worst choice;
- Don’t assume that a corporate entity on its own is complete protection. Remember that single member or “closely held” entities are subject to “piercing of the corporate veil”. If you own it, run it, control it, it can be argued that it is still YOU;
- Get professional legal & accounting help to organize your assets and make sure you maintain the legal formalities of these entities like tax returns, meeting minutes and separate bank accounts or they won’t help at all;
- Get your vehicles out of the name of your business. Many people do this for the deduction. If you or your spouse injures someone with your car you have created a “bridge” to your business and all it owns. Take a vehicle allowance instead;
- If you have employees get professional employment manuals, policies and dispute resolution agreements in place. A small investment will cover your business and family for years. You are five times likely to be sued by an employee than anyone else;
- Be nice to everyone as a rule. During difficult economic times people are much more likely to take legal action, whether justified or not. Your bedside manner will play a role in their emotional decision to sue you;
- Don’t keep too many eggs in one basket. Don’t use a single LLC, for instance, to own separate assets like 3 different rental income properties with high equity. An injury or exposure at one property or business places the owner, the LLC and all that it owns, at risk;
- Own Nothing, Control Everything. You don’t need to keep assets in your own name to use, control and enjoy them. Make use of trusts, corporate shells and the LAW to transfer title to assets away from you.
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14 Responses to “Asset Protection For The Middle Class?”
Thanks Norb, there are lots of “little details” that can create huge exposures, this is just one of them.
Yours, Ike
[...] this afternoon I found this post at Acrimony.com. While not a major departure from I usually tell my clients, this list on common [...]
There is no simple answer to exposure, just as there is no simple answer to reputation-recovery on Wall Street. Good advice, whether for high net-worth clients or Joe Online Investor, will always be prized and is the surest (though incremental) fix. We moved our entire business model away from private equity into institutional SIPC-regulated equity for exactly those reasons; we needed a path that was better suited to asset protection in a security conscious age.
DWS
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Good stuff Ike! I think this needs to be shared with more people, so in addition to re-tweeting it, I will include a link to this article in my monthly enewsletter which goes out to various small business owners and professionals in Metro Detroit. Keep up the great effort of educating others about maximizing their finances and protecting their assets. Lori T. Williams, Owner/Managing Attorney of Your Legal Resource, PLLC, http://www.bestlegalresource.com.
good good…this article deserves nothing …hahaha just joking
…nice article 
Amazing, I never new that, much appreciated.
Howdy there,Awesome blog post dude! i am Fed up with using RSS feeds and do you use twitter?so i can follow you there:D.
PS:Have you thought putting video to your blog to keep the people more enjoyed?I think it works.Best wishes, Annabel WoltmanThanks Annabel, yes I’m on Twitter at: http://twitter.com/IKE_DEVJI
Just wanted to let you know I stumbled onto this today and will be returning for more info, keep it coming!
Thanks so much I really learned some good things by stopping by here today.
Appreciate your this blogpost! I’ve the actual research right now with regard to my thesis in my medical subject. My professor may like it.. I am hoping so.. Many thanks once more!

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Ike, that’s great advice about the cars in business names. Not something I had ever considered.