Course Description
Preserve Your Clients' Wealth with Asset-Based Protection Techniques
Different types of assets require individual approaches in protecting them from creditors: planning for real property is completely different from protecting a brokerage account. This eye-opening seminar offers tested techniques for providing customized wealth protection based on the nature of your clients' assets, including company stock, business assets like equipment and accounts receivable, rental property, vacation condos, brokerage and bank accounts, homes, airplanes, and retirement plans. Discover how to confidently advise clients on asset protection without crossing the line from legal advice into financial consulting. Expand your expertise and provide a more meaningful service to your clients - register today!
- Discover how easily clients can lose assets they have spent a lifetime acquiring due to predator lawsuits and other unplanned risks.
- Help clients avoid penalties and law suits by keeping them in legal compliance.
- Keep assets away from creditors: recognize which assets are vulnerable and which ones can't be touched.
- Expand your technique toolbox to better tailor your asset protection strategies and avoid asset protection plans that simply don't work.
- Ensure personal assets are unaffected: take full advantage of the protections provided by liability insurance and account for its limitations.
- Learn how to change the situs of the trust to take advantage of favorable taxation in other states.
- Structure the transaction to best fit your client's business objectives by choosing the right form of buy sell agreement.
- Draw the line between effective planning and fraudulent transfers and remain ethical in your practice.
- Minimize the damage of a divorce settlement on estate planning needs of remarried couples.
Agenda
LAYING THE GROUNDWORK
8:30 - 9:15, Rima D. Ports
- Goals of Asset Protection
- Protection From Lawsuits
- Investment Risk Insulation
- Supplemental Insurance
- Minimizing Tax Burden
- Types of Property and its Exposure to Collections
- AP Techniques That Simply Don't Work
ETHICAL CONSIDERATIONS AND FRAUDULENT TRANSFERS
9:15 - 10:15, Thomas J. Handler
- Rules of Professional Conduct
- Exposure to Liability
- Creditor vs. Transferee
- Two Types of Fraud: Actual and Constructive
- Badges of Fraud
- Constructive Fraud
- Surviving an Attack by Showing Proper Motive
- Creditors' Remedies
- What Transactions are Suspect?
- What is Not Covered by UFTA?
- The Three-Step/Four-Test Transfer Analysis
PROTECTING BUSINESS ENTITIES
10:30 - 11:15, Barry P. Siegal
- Limited Partnerships, LLCs, C and S Corporations
- Internal and External Entity Protection
- Limitations of Commercial Liability Insurance
- Accounts Receivable Protection
- Protecting Business Equipment
- Separating Dangerous and Valuable Assets
- Solutions to the LLC Sole Member Issue
- Piercing the Corporate Veil
- Planning for the Family Farm
USING BUSINESS ENTITIES TO SHIELD ASSETS
11:15 - 12:00, Barry P. Siegal
- What Assets are Best Protected by an LLC?
- Using Multiple LLCs and Layers
- Steps to Converting to a More Advantageous Business Formation
- “C” Corporate Stock – Transferring Ownership to LLC
- Buy-Sell Agreements
FOREIGN VS. DOMESTIC ASSET PROTECTION TRUSTS
1:00 - 1:45, Barry P. Siegal
- Choosing the Most Protective Jurisdiction – What Factors Matter Most?
- Offshore and Domestic Self-Settled Trusts
- Key Elements of Offshore Asset Protection Trust Planning
- Milestones in Defending an Attack on an Offshore Asset Protection Trust
- Foreign Bank Accounts and Other Offshore AP Vehicles
- Domestic Alternatives to Offshore Planning
- Planning Cost Considerations
STRAIGHTFORWARD AND SIMPLE SOLUTIONS TO THE TAXATION CHALLENGES
1:45 - 2:15, John R. Wiktor
- Federal Estate Tax
- Gift Tax
- Generation-Skipping Tax
PLANNING MARITAL ASSETS
2:15 - 2:45, Rima D. Ports
- Joint and Separate Property
- Marital Ownership
- Marital Property Division Agreements
ADVANCED REAL ESTATE PROTECTION
3:00 - 3:45, Rima D. Ports
- Stripping Equity
- Deeds of Trust
- Arm's Length Case Sale
- QPRT (Qualified Personal Residence Trust)
- Defective Irrevocable Trusts
- LLCs and LPs
- Homestead Exemption
- Understanding Lien Priorities
- New Bankruptcy Provision on Homestead
SOPHISTICATED INSURANCE AND RETIREMENT FUNDS PLANNING
3:45 - 4:40, Thomas J. Handler
- Generational Split Dollar Life Insurance Plans
- Premium Financing
- Life Settlements
- Private Placement Variable Universal Life Insurance
- Advanced Planning Using Charitable Trusts
Audience
This intermediate-to-advanced level course offers practical asset protection techniques for:
- Attorneys
- Presidents and Vice Presidents
- Certified Financial Planners
- Personal Financial Advisers
- Accountants and CPAs
- Trust Officers