Work with Rustin Diehl, experienced asset protection attorney, to design an asset protection plan, so you can feel confident that your financial future is protected, and have a plan in place to guard against the unexpected.
Attempting to move or hide assets after a lawsuit has been filed or when creditors are already in pursuit can lead to severe consequences, including your transfers being reversed or nullified by a court. These actions can not only result in financial losses but also personal liability.
Planning now allows you to take advantage of all available tools and strategies without violating fraudulent transfer laws. At Allegis Law, we help our clients with proactive asset protection planning to stay ahead of future legal threats.
Here are some common scenarios where proactive asset protection can make all the difference:
Entrepreneurs and business owners face increased liability due to the nature of running a business. Asset protection can help shield personal assets from risks associated with business operations, lawsuits, or creditor claims.
Professionals such as doctors, lawyers, and financial advisors often face a higher risk of being sued. Asset protection planning can safeguard personal wealth from professional liability claims, ensuring your assets are not vulnerable to malpractice suits or other litigation.
Owning rental properties or other real estate investments comes with potential liabilities, from tenant lawsuits to accidents on the property. Asset protection strategies like LLCs can help limit liability exposure and protect your personal assets from claims related to your investment properties.
Families seeking to preserve wealth for future generations need to consider the potential impact of creditor claims, divorces, or other legal challenges. Asset protection planning, including trusts and other legal structures, helps secure the financial legacy you want to pass down.
Divorce can be a significant threat to personal wealth. By establishing asset protection measures in advance, individuals can help secure their financial future and reduce the impact of marital asset division.
Those with substantial assets are often targets for financial predators. Proactive asset protection helps secure wealth from frivolous lawsuits and unexpected legal challenges, allowing you to maintain privacy and control over your assets.
Limiting your exposure to future legal claims is best accomplished through the strategic use of trusts, LLCs, and a variety of other legal tools that can provide asset protection benefits. Each of these tools play a unique role in your asset protection strategy.
DAPTs help shield assets from creditors while still allowing you limited access to them. These trusts work best when set up in states that support them and when control over the assets is minimized. Properly structured, they offer strong protection, though they might not be enforceable in all states.
Jurisdictions like the Cook Islands, Nevis and St. Kitts provide strict confidentiality and strong protection for assets including cash, real estate, intellectual property, cryptocurrency and other digital assets, and business interests.
Foreign LLCs offer an added layer of privacy and protection. By forming an LLC in Nevis or St. Kitts, you can protect your wealth from future creditors, judgements, and lawsuits.
When structured correctly, LLCs can shield personal assets from liabilities related to business activities. You can also contain liability by allocating asset ownership across various LLCs.
Limited partnerships can reduce exposure by protecting limited partners’ assets from business liabilities, making them a popular tool for family wealth management.
By transferring assets into an irrevocable trust, you remove them from your ownership, protecting them from creditors. However, asset protection only holds if you relinquish control, as any retained control may reduce protection. We help you evaluate the trade-off between control and protection as we design your asset protection plan together.
By including special provisions within your estate planning documents, we can create irrevocable sub-trusts to hold assets for your beneficiaries. The irrevocable sub-trusts allow your beneficiaries access and control while shielding the assets from creditors or a divorcing spouse.
Special needs trusts safeguard assets for loved ones with disabilities without compromising their eligibility for government benefits.
By removing life insurance proceeds from your taxable estate, ILITs can significantly reduce estate taxes, ensuring more of your wealth is preserved for your heirs.
The strategic use of insurance policies provides liquidity and protection, covering estate taxes or other costs while safeguarding your assets.
Encumbering assets with debts or liens can create additional protection by making assets less attractive targets for future creditors.
Effective asset protection requires more than selecting the right legal tools—it demands careful planning to make sure structures are properly designed, implemented, and maintained.
Your asset protection plan will strike the right balance between control and flexibility versus asset protection.
Some types of control or flexibility could diminish asset protection or tax attributes from a trust. Yet your asset protection plan should work seamlessly with your lifestyle. Through careful drafting of the provisions within your plan documents, your planning can ensure varying levels flexibility or even day-to-day advisory rights over the plan, without compromising asset protection benefits or tax planning objectives.
Creditors often challenge asset transfers, not the protective structures themselves. Poorly timed and incomplete transfers weaken your protection. For example, transferring assets into an irrevocable trust after a lawsuit is filed may be deemed a fraudulent conveyance under the Voidable Transactions Act. Transfers made well before legal claims, with proper documentation and rationale, are much more likely to hold up if challenged.
Avoid working with asset protection companies who overpromise on protection without paying attention to these finer details that will make or break your asset protection strategy.
Asset protection planning is all about planning for every possible risk - especially the ones you can’t foresee. As an asset protection attorney serving entrepreneurs throughout the United States, Rustin’s experience empowers you to see the full picture and plan for success.
With extensive experience helping business owners and high-net-worth individuals shield their wealth from financial predators and excessive taxation, Rustin offers a comprehensive approach to asset protection planning. Drawing from his deep knowledge of tax, business, and estate planning, he brings a skillset uniquely suited to help you build and preserve your legacy.
Schedule a Consultation
Meet with Rustin to discuss your goals and any potential concerns you have about safeguarding your assets.
Review Your Situation
We’ll conduct an asset protection audit to analyze your current assets and identify potential exposure.
Design Your Plan
We’ll curate and tailor the trusts, business entities, and insurance to achieve your asset protection goals.
Implementation and Maintenance
Effective asset protection is not a "set it and forget it" solution. It requires ongoing maintenance to adapt to changing circumstances.
Here’s how asset protection planning can help you:
By planning ahead, you can secure your financial future, gain peace of mind, and build a resilient foundation for yourself and future generations.
Yes! Offshore asset protection offers greater privacy and security than US jurisdictions, and we routinely form foreign trusts and foreign LLCs as part of our clients asset protection plans.
When considering asset protection attorneys, certain red flags may indicate a lack of knowledge, professionalism, or honesty. Asset protection lawyers who promise complete protection from lawsuits are either incompetent or overpromising. Asset protection is about managing risk, not eliminating risk altogether.
Another red flag would be pushing offshore asset protection without first understanding your unique goals and situation. While offshore asset protection makes sense for some, it also involves strict reporting requirements with the IRS, the potential for throwback taxes, and should only be recommended after a thorough analysis of your current asset profile, goals, and objectives.
©
2025
Allegis Law, LLC. All Rights Reserved.
