South Jordan, Utah what is asset protection

Asset Protection Lawyer - A Guide to Asset Protection

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These potential scenarios should concern any entrepreneur or investor: You get sued personally and lose; the judgment creditor (the entity that won the suit and was awarded a judgment against you) decides to go after your business and investment assets. Or you have a retail store plus several real estate investments; you get sued for something related to the store and the judgment creditor decides to attach your real estate. You can cry, "Unfair!" all day long and it won't matter if you haven't taken the appropriate asset protection steps.

An asset protection tool you need to understand is the charging order. By definition, a charging order is an order issued by a court to a judgment creditor which essentially compels an entity of which the debtor is a partner or member to direct to the creditor until the judgment is satisfied any distributions that would otherwise have been made to the debtor (from Asset Protection: Concepts & Strategies for Protecting Your Wealth by Jay Adkisson and Christopher M. Riser, McGraw-Hill, 2004).

What this means is that if you have an interest in a Charging Order Protected Entity (COPE) [entities for which creditors are limited to using charging orders as remedies in collecting debt, such as a Limited Partnership (LP), a Limited Liability Company (LLC), and certain others] and a creditor obtains a charging order, the entity is ordered to pay the creditor any money that would have gone to you until the judgment is paid in full. In most states, the creditor has no rights with respect to the ownership or management of the entity and cannot force the entity to make a distribution. The idea is to balance the rights of creditors with those of the non-debtor partners.

Charging orders do not come into play with assets such as stock in a corporation or personal property. But in an entity such as an LLC, legislators have taken steps to prevent creditors from attaching partnership or membership interests and essentially becoming partners or members themselves because such a change in ownership could disrupt the operations of the entity. Where you are not protected by state law, discuss this issue with your attorney because you may be able to create a comparable level of protection through your operating agreement.

How you are protected

As long as the creditor has the charging order, the LLC can simply not make any distributions and the creditor should not receive any money. For example, let's say a visitor to your home slipped on the sidewalk, sued you, and won. As a judgment creditor, he decides to go after all of your assets and gets a charging order against the LLC that owns your real estate investments. He typically can't collect anything until the LLC makes a distribution, and you and the other members of the LLC are perfectly within your rights to decide to not make any distributions for as long as you like. Because of this, creditors with charging orders are often willing to negotiate a settlement to get at least a portion of their money and be done with the situation.

Another issue that often prompts judgment creditors to settle charging orders quickly is the potential for tax liability. If the creditor is entitled to the distribution when it is made, he may also be obligated to pay the taxes. It's possible for the members of the LLC to issue a K-1, which is the tax form used to report a member's share of an LLC's income, potentially making the creditor liable for taxes on profits even though he hasn't received any money.

As of January 2007, there were no known cases where the IRS has held a judgment creditor holding a charging order liable for taxes--but nor are there any cases where the IRS has specifically relieved a judgment creditor of such liability. Until case law becomes definitive on the issue, creditors may be reluctant to take a chance that they could be held liable for taxes on profits they haven't received and may never receive.

The protection offered by charging orders may be circumvented in a number of ways, depending on the state in which the entity operates and your individual circumstances.

Be aware that simply forming a partnership or LLC is not going to automatically protect your assets. Charging order protected entities are some of the strongest and most acceptable asset protection tools available, but to be effective, they must be properly structured and carefully drafted according to your particular requirements and the laws of your state.

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Asset Protection Attorney: Asset Protection and Charging Orders - What They Are - How They Work

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Asset protection systems refer to the various strategies available for protecting your valuables from lawsuits and creditor-collection attempts. This sort of protection is usually adopted by most businesses and individuals. Some simple steps can help protect most of your assets without incurring much expense or trouble.

In fairly safe areas in which crime is not a major problem, a basic system designed for asset protection may be enough. Everyone will certainly want to protect his home, since a house is considered to be one's biggest and most expensive asset. There are three ways one can do this, which include physical protection, corporate protection, and insurance protection.

A physical protection system refers to what you can change in the property structure to protect it. The first point to remember is that you never buy a home in areas of high crime or natural disasters such as earthquakes or landslides. Then, consider installing security systems, burglar alarms, and fences. Home security systems are designed to help prevent theft or damage of your valuables while you are away from home.

Corporate protection is offered through limited liability companies, corporations, and trusts. Having your property in this entity provides legal security and possible tax breaks. The benefits of this protection vary according to your location, so it is important to look into the type of corporate protection while you are thinking about purchasing properties.

A third protection system, which is simple to do, is the utilization of the inherent asset protection of an insurance policy. Many insurance companies and banks provide you good rates for insurance on an investment property. An insurer is always ready to pay a specified amount of money to or for you if a specific incident occurs. The incident might be your falling sick, someone damaging your assets, or a natural disaster.

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Provo Utah Co. UT lifetime asset protection trust

Asset Protection Attorney explains Asset Protection Systems

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There are certain key elements you want to protect during a divorce. Asset Protection in a divorce usually consists of actions involving a spouse. Spouses who want to protect there finances and avoiding splicing property up. Personal property and marital property are the assets they are looking to protect. Even if the said property is in a single name. It may still be subject to division under the laws of the state or court system.

Inheritance and distinct property can possibly be separate from marital property. But individual property can and does sometimes get mixed up with marital property. If you have personal property such as money that was put into any marital accounts after you were married. These funds are now marital property.

This instance is where it would have been handy to have had a prenuptial agreement. This in turn would have helped to keep your assets safe. But if there is no such agreement your most likely going to loose at least have of those funds.

In this case protecting your individual assets would have saved you a lot of trouble. This would be called an Individual Asset Protection. This would have been included in the a fore mentioned prenuptial. Simply put, To keep your asset's safe you would have just not included these funds in the marital accounts. In this light a prenuptial is not necessary to protect yourself with asset protection.

If before marriage, All to keep Asset Protection in a divorce. Just keep your accounts separate and you will have used Asset Protection in divorce. As you can see Asset Protection can be very simple or very complicated. Especially if involving a court of law. You never know what a judge of the courts may do or order during a divorce.

You may have certain other rights in your state of jurisdiction. Remember that some states don't allow the protection of asset's in any circumstance. Know your state and local laws in this area. Also certain country's don't allow asset protections in any form.

Have your asset's planned before you get married to avoid any hatred or despise for the other party. It is that simple to make asset protection in a divorce work for both party's involved.

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Pleasant Grove Utah Co. UT trust and estate attorney

Asset Protection Lawyer - Selecting the Jurisdiction of a LLC For Maximum Asset Protection

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To safeguard your rental assets and properties there are some simple things that you may consider.

Prepare a strong and sound lease agreement

When there is some problem with the tenants or with your property, the first and foremost thing is to produce the lease agreement in the court of laws. A vital aspect of a lease agreement is to obey the state and local laws. So your chief requirement should be an airtight lease agreement.

Purchase properties in the name of a legal entity

Always try to build a legal entity under the name of which you could purchase property. Also ensure to have a joint ownership of the property. This would help avoid problems related to suing or litigation by others. As when you own a property in your name, it will instantly show up as an asset if someone chooses to sue you and this can call for serious legal problems.

You should also restrict the number of properties that each of your legal entities own as all the other undertaken properties would be susceptible, if even one among them is litigated. Hire reputable providers for proper asset protection services, when you find self-management difficult.

Provide appropriate legal disclosures to the tenants

You must give the tenants the most authentic and legal real estate disclosures while they are signing the agreement. An agreement with loop holes can make your tenants are successful in suing you if they wish to. Remember to check all your local landlord and real estate laws before creating the agreement and if required contact a local real estate lawyer specializing in landlord-tenant law.

Decent property management and tenant screening

Screening tenants is a real tactful and hard job, requires keen investigating knowledge and proper assessment, understanding for scrutinizing both individual and business tenants. The main purpose of this screening is to evaluate the probability of the tenant in fulfilling the terms of the rental agreement and also in taking care of the rental property in question.

Property management is an equally important aspect of property protection. It's always true that a good landlord who responds to his tenants when they call for a problem or concern about their legal assets, are less likely to be sued. So keeping a good rapport with your tenant is very essential. You can even hire property managers instead to help you manage and protect your rental properties in an efficient way.

All of these can prove to be highly time consuming and complex for most of you, so opting for some asset protection services could help greatly in bringing down all the hard work and tension related to managing your rental property.

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Asset Protection Attorney: What Are The Advantages Of An Asset Protection Trust or DAPT?

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To safeguard your rental assets and properties there are some simple things that you may consider.

Prepare a strong and sound lease agreement

When there is some problem with the tenants or with your property, the first and foremost thing is to produce the lease agreement in the court of laws. A vital aspect of a lease agreement is to obey the state and local laws. So your chief requirement should be an airtight lease agreement.

Purchase properties in the name of a legal entity

Always try to build a legal entity under the name of which you could purchase property. Also ensure to have a joint ownership of the property. This would help avoid problems related to suing or litigation by others. As when you own a property in your name, it will instantly show up as an asset if someone chooses to sue you and this can call for serious legal problems.

You should also restrict the number of properties that each of your legal entities own as all the other undertaken properties would be susceptible, if even one among them is litigated. Hire reputable providers for proper asset protection services, when you find self-management difficult.

Provide appropriate legal disclosures to the tenants

You must give the tenants the most authentic and legal real estate disclosures while they are signing the agreement. An agreement with loop holes can make your tenants are successful in suing you if they wish to. Remember to check all your local landlord and real estate laws before creating the agreement and if required contact a local real estate lawyer specializing in landlord-tenant law.

Decent property management and tenant screening

Screening tenants is a real tactful and hard job, requires keen investigating knowledge and proper assessment, understanding for scrutinizing both individual and business tenants. The main purpose of this screening is to evaluate the probability of the tenant in fulfilling the terms of the rental agreement and also in taking care of the rental property in question.

Property management is an equally important aspect of property protection. It's always true that a good landlord who responds to his tenants when they call for a problem or concern about their legal assets, are less likely to be sued. So keeping a good rapport with your tenant is very essential. You can even hire property managers instead to help you manage and protect your rental properties in an efficient way.

All of these can prove to be highly time consuming and complex for most of you, so opting for some asset protection services could help greatly in bringing down all the hard work and tension related to managing your rental property.

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Lindon Utah Co. UT contesting a will

Asset Protection Attorney: Learn the Ways to Safeguard Assets From Liabilities by Asset Protection

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Asset protection systems refer to the various strategies available for protecting your valuables from lawsuits and creditor-collection attempts. This sort of protection is usually adopted by most businesses and individuals. Some simple steps can help protect most of your assets without incurring much expense or trouble.

In fairly safe areas in which crime is not a major problem, a basic system designed for asset protection may be enough. Everyone will certainly want to protect his home, since a house is considered to be one's biggest and most expensive asset. There are three ways one can do this, which include physical protection, corporate protection, and insurance protection.

A physical protection system refers to what you can change in the property structure to protect it. The first point to remember is that you never buy a home in areas of high crime or natural disasters such as earthquakes or landslides. Then, consider installing security systems, burglar alarms, and fences. Home security systems are designed to help prevent theft or damage of your valuables while you are away from home.

Corporate protection is offered through limited liability companies, corporations, and trusts. Having your property in this entity provides legal security and possible tax breaks. The benefits of this protection vary according to your location, so it is important to look into the type of corporate protection while you are thinking about purchasing properties.

A third protection system, which is simple to do, is the utilization of the inherent asset protection of an insurance policy. Many insurance companies and banks provide you good rates for insurance on an investment property. An insurer is always ready to pay a specified amount of money to or for you if a specific incident occurs. The incident might be your falling sick, someone damaging your assets, or a natural disaster.

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Asset Protection Attorney: Learn the Ways to Safeguard Assets From Liabilities by Asset Protection

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"Asset protection" has long been a strategy in divorce cases across the United States. The term "asset protection" refers to the use of a legal strategy in order to hide or shield assets from the Courts. Bitcoins, the relatively new internet currency, will most likely become the next frontier of asset protection.

In divorce cases, asset protection can take many forms. Sophisticated asset protection techniques involve transferring money to an overseas account, the formation of legal entities (trusts, corporations, limited liability companies) and other methods.

The most unsophisticated and simple form of asset protection, and perhaps the most common in divorce cases, is simply holding money in the form of cash (i.e., inside a home safe or in a bank safety deposit box). In this way, a person that is in the process of divorce believes that he can "protect" the cash from the divorce process. The divorcing spouse might keep the existence of the cash secret from his spouse, divorce lawyer and Court, in order to avoid being ordered to share the cash with his spouse. This strategy may or may not be successful, but it is surely not legal because it requires that the person misrepresent his assets to his spouse and to the Court.

A sophisticated divorce lawyer will know how to uncover hidden assets of this kind through the examination of financial records and other means of legal discovery. Bitcoin, however, has the potential to replace the hiding of cash as the most common form of asset protection in divorce cases. Given the structure of the bitcoin system and most divorce lawyers ignorance regarding bitcoins, it could become a significantly more successful method than hiding cash.

Bitcoin is the digital currency that was created in 2009 by the anonymous developer known the by pseudonym as Satoshi Nakamoto. It is a currency that exists only in digital form. All bitcoins and transactions are "registered" on the bitcoin block chain that is updated by bitcoin users rather than a centralized authority. The transactions, however, do not include names but rather the digital identification of each bitcoin. Bitcoin owners keep their bitcoins in a bitcoin wallet. The wallet is not necessarily a physical wallet, but rather various methods for storing the digital identification of the bitcoin. The wallet might be kept on a computer, the server of a bitcoin wallet website, or even a piece of paper.

While is theoretically possible to trace the transfer of a bitcoin by examining the block chain, one will only discover the public identification key of the bitcoin rather than the name of the owner. If the wallet is kept on a person's computer or on a website (where a party to a divorce registered his name) it is possible to discovery the existence of the bitcoins. However, wallets do not have to be associated with a name. Furthermore, if a person uses a "brainwallet" tracing a bitcoin to a specific person becomes almost impossible through any conventional method. A brainwallet is the use of a memorized passphrase in order to store a bitcoin.

The methods for discovering hidden cash will be the first approach of any divorce lawyer for discovering a bitcoin asset protection plan. Unfortunately many, if not most, divorce lawyers and judges are unfamiliar with bitcoins and the fact that bitcoins can be used to hide assets. A divorce lawyer who doesn't understand bitcoins cannot possibly be expected to uncover hidden bitcoin assets. If you have any suspicion that your spouse might be hiding assets, make sure your lawyer understands the bitcoin system and how to discover hidden bitcoin assets.

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American Fork Utah Co. UT asset protection insurance

Asset Protection Attorney explains Asset Protection Systems

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A major goal of asset protection planning is to substantially diminish and reduce your financial profile. If you can restructure your assets in such a way so as to place them beyond the reach of future potential creditors, while at the same time maintaining a beneficial interest in those assets, you have succeeded in substantially reducing your financial profile. Accordingly, you are a far less attractive target for litigation because of issues of doubt of collectability, thus reducing the likelihood that you will be sued; or if you are sued, increasing the likelihood of a favorable settlement.

A trust can be an effective foundation for your asset protection planning. Trusts have been utilized for centuries as a means of conserving and protecting property for the beneficiaries of the trust. However, most domestic trusts do not provide protection from creditors. The typical revocable living trust, wherein the trustors are the lifetime beneficiaries and retain the power to revoke, amend and invade the principal of the trust, provides no protection whatsoever against the creditors of the trustors. Accordingly, absent specific legislation to the contrary, self created or self settled trusts are ineffective for asset protection planning purposes.

As was stated previously, most self settled trusts are not protected from creditors. However, recently, several states have provided various degrees of asset protection legislation for a self settled trust. The trust legislation in Alaska, Delaware, Missouri, Oklahoma, Nevada, Utah and Rhode Island is similar in many respects to the asset protection trust legislation found in several offshore jurisdictions. It should be noted, however, that the courts have not had an opportunity to pass muster on this type of legislation because of its recent enactment and because the statute of limitations in most cases has not expired. Depending on the timeline involved with respect to when the claim has arisen, these trusts can be and should be considered in appropriate circumstances, but only by an attorney who understands all of the ramifications.

Offshore asset protection planning normally involves the utilization of offshore trusts and other entities. Offshore planning generally raises justifiable concerns with respect to asset security and tax issues. The most efficacious manner to address these concerns is to make certain that you are receiving the best advice and counsel from a qualified expert in the area. You must be sure that the attorney with whom you are dealing has expertise in the field and is recognized in this regard by his peers.

A FAPT is a trust that is set up in an offshore jurisdiction which has enabling trust legislation providing for substantial protection against creditors of the trustor. One of the greatest advantages of the FAPT is the fact that by its very nature any legal attacks against its assets are transferred abroad to a different legal system. The FAPT is generally much more expensive to set up and create than a domestic trust and requires a certain willingness on the part of the Trustor to deal with offshore jurisdictions and trust entities. The FAPTs' greatest value is for asset protection planning well in advance of any potential creditor problem. Moreover, many times FAPTs are only used when the client already has some international connections and networking. Recent cases have emphasized the need for careful planning in the structuring of the FAPT if it is to be legally efficacious and successful in meeting the purposes and objectives of the trustor.

Most foreign jurisdictions do not recognize US judgments. This may force a trial de novo on the merits under the laws of foreign situs in order for the creditor to impose liability on the trustor and reach the assets of the FAPT. Obviously, the fees and expenses of this trial de novo and the burden of having to select offshore counsel can be substantial. Moreover, the FAPT jurisdiction, generally, requires plaintiffs to employ attorneys who are licensed in that jurisdiction.

Most foreign situs jurisdictions require that the burden of proof in challenging asset transfers to a FAPT is on the creditor and does not shift to the trustor. Moreover, many foreign jurisdictions impose a higher standard of proof upon civil litigation plaintiffs such as the "beyond the reasonable doubt" standard. This is in sharp contrast to the "preponderance of the evidence" principle utilized in US domestic civil cases.

The FAPT legislation of many jurisdictions establishes a statute of limitations for challenging asset transfers to a FAPT that begins to run on the date of transfer. This is contrary to US law where the statute may begin to run the date the transfer is "discovered" by someone with a claim against the trustor. Additionally, the statute of limitations of many FAPT jurisdictions is much shorter than the typical four year statute found under US law.

Manifestly, it is going to be much more expensive and inconvenient to prosecute a claim offshore. Think of the inconvenience of having to pursue a claim out of state and then multiply that by two to three times the cost to pursue the matter in a foreign jurisdiction. Many foreign jurisdictions prohibit contingency fee arrangements forcing the claimant to finance a litigation process entirely on his/her own. Creditors may think twice about having to deal with a completely different legal system out of the country. This unfamiliarity, plus the additional expenses and costs, and the entire uncertainty with respect to the process, adds a substantial element of protection to the FAPT.

The FAPT may assist the trustor in achieving several other objectives and planning goals independent of asset protection planning. Traditional estate planning issues such as the orderly transfer of property at death, the avoidance of probate, the strengthening of spendthrift provisions, greater privacy w, the management of offshore assets and businesses and premarital planning can all be addressed by the FAPT.

The easiest way to understand how a FAPT protects cash and securities is to focus on the process by which a claimant would try to reach trust assets. A claimant must either bring his case in a court that has jurisdiction over the trustee so that the court can order the trustee to give up the assets or initiate litigation in the court that has jurisdiction over the assets themselves so that the court can attach or seize the assets. However, if the client's offshore planning strategy is properly structured and implemented, no domestic court can successfully attack the plan because it would not have the ability to force the offshore trustee to expatriate or return the assets nor would it have the ability to levy on assets properly held outside of the United States.

Protecting non liquid assets like real estate, accounts receivable and business equipment involves the process of equity stripping. Although some of these assets can be put in charging order protected entities that may provide some limited protection, the most effective strategy available to protect a domestic illiquid asset is to strip that asset of its value by encumbering it as collateral for a loan and protecting the loan proceeds with your other liquid assets in the FAPT. Creditors are going to be very discouraged attempting to levy on an asset that may have substantial value, but has very little equity because of a loan encumbrance or lien.

Generally speaking, the establishment of the offshore asset protection plan will be tax neutral. The FAPT will either be a US grantor trust or a foreign grantor trust with a US grantor for US income tax purposes. It will be necessary to file various forms with the Internal Revenue Service in either case, but these forms will only demonstrate that the taxpayer is a responsible and law abiding citizen.

One very typical arrangement with respect to a possible offshore strategy would be for the client to establish the offshore asset protection trust utilizing an offshore trustee. The trust would then set up an offshore limited liability company which would be entirely owned by the offshore trust. You could be the manager of the LLC with direct signature control over bank accounts and securities accounts. In the event of a crisis, you would obviously resign as a manager and appoint a trusted friend, relative or a management company. There are modular variations to this strategy that can be worked out with your professional advisors.

The proliferation of plaintiff lawsuits and the expanding concept of liability that has become second nature in our court system have engendered much concern and anxiety about the preservation of wealth in the United States. Many professionals like doctors and lawyers as well as business owners, corporate executives, real estate developers and investors, contractors and others operate in an environment of high risk. Many such people lack confidence that they will be treated fairly by the US legal system and are desirous of reducing their financial profile and eliminating their liability potential. For these individuals, the offshore planning alternative may very well be the best planning device available for maximum comfort and piece of mind.

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Asset Protection Lawyer - Asset Protection Planning - Why Go Offshore

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Asset Protection Guide:

The strange and sometimes puzzling evolutions in the business world ask for more and more secure methods of protecting the client's assets. In spite of all popular articles claiming the right to be taken into consideration, asset protection strategies depend on individual perceptions. Each person involved in a business is supposed to choose his own means to protect his assets. His decision is crucial but it can be changed by several factors. First element which enters the system of asset protection strategies is considered to be the counselor. He can be a lawyer or not. His position is not really important. Most important fact about a counselor is to understand his client's business and to be able to offer the appropriate advice. He is the most significant element which decides upon asset protection strategies. A counselor must be well informed about all law changes so he can direct his client in the right way. If the relation between two of them respects the basic principles of communication then results are fortunate. Each counselor has to know everything about his client's business as long as he is supposed to guide him towards financial success. However each person owning a business has the right to decide on his future movements. Even if a counselor does try to influence him the final move depends on the client's dynamic character.

A business man might be misguided by his private counselor. Applying asset protection strategies means playing with the law system. This is not about violating basic principles. Most of all is about discovering original ways which might give someone the chance to take advantage in certain situations. For example the principle of LLC might prove extremely operative. But if there are not any experienced persons behind the business master then he would probably miss this hint. The asset protection strategies system is quite sinuous and requires a capable person who is able to explain the basic rules.

People involved in a business might take this fact as a childish game and enjoy playing till the end. First of all, people are supposed to think about asset protection strategies. If taken into consideration right from the beginning then things are really simple. So the business man will enjoy his position being already protected against all possible dangers. If his counselor prescribes him the appropriate asset protection strategies then he does not have to worry about future success. From now on procedures are not so complicated. They remain exhausting but they are pleasant in a way. They are pleasant because they prove their efficiency. They are no longer insecure means of gaining money. Taking real advantage of the asset protection strategies means finding all the possible ways towards financial success. No one should miss this valuable tip of the presence of the counselor. Once a business is getting stronger and stronger, its owner must thing about all opportunities to protect his money. Of course that a counselor would always come with additional information but the final decisions belongs to the client. He is the only person who can decide upon asset protection strategies. He can say if certain strategies are compatible with his expectations. A counselor might always suggest something but if his client does not want to respect the plan then the deal is violated. There are no formal procedures to punish such a decision. The business man might be right. He knows his business. Maybe the counselor is wrong. There are numerous possible situations. But a good counselor would always be able to offer a good advice. So asset protection strategies might be best suggested only by a counselor.

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South Jordan Salt Lake Co. UT trust law

Asset Protection Lawyer - Asset Protection - Protecting Yourself in a Divorce

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"Asset protection" has long been a strategy in divorce cases across the United States. The term "asset protection" refers to the use of a legal strategy in order to hide or shield assets from the Courts. Bitcoins, the relatively new internet currency, will most likely become the next frontier of asset protection.

In divorce cases, asset protection can take many forms. Sophisticated asset protection techniques involve transferring money to an overseas account, the formation of legal entities (trusts, corporations, limited liability companies) and other methods.

The most unsophisticated and simple form of asset protection, and perhaps the most common in divorce cases, is simply holding money in the form of cash (i.e., inside a home safe or in a bank safety deposit box). In this way, a person that is in the process of divorce believes that he can "protect" the cash from the divorce process. The divorcing spouse might keep the existence of the cash secret from his spouse, divorce lawyer and Court, in order to avoid being ordered to share the cash with his spouse. This strategy may or may not be successful, but it is surely not legal because it requires that the person misrepresent his assets to his spouse and to the Court.

A sophisticated divorce lawyer will know how to uncover hidden assets of this kind through the examination of financial records and other means of legal discovery. Bitcoin, however, has the potential to replace the hiding of cash as the most common form of asset protection in divorce cases. Given the structure of the bitcoin system and most divorce lawyers ignorance regarding bitcoins, it could become a significantly more successful method than hiding cash.

Bitcoin is the digital currency that was created in 2009 by the anonymous developer known the by pseudonym as Satoshi Nakamoto. It is a currency that exists only in digital form. All bitcoins and transactions are "registered" on the bitcoin block chain that is updated by bitcoin users rather than a centralized authority. The transactions, however, do not include names but rather the digital identification of each bitcoin. Bitcoin owners keep their bitcoins in a bitcoin wallet. The wallet is not necessarily a physical wallet, but rather various methods for storing the digital identification of the bitcoin. The wallet might be kept on a computer, the server of a bitcoin wallet website, or even a piece of paper.

While is theoretically possible to trace the transfer of a bitcoin by examining the block chain, one will only discover the public identification key of the bitcoin rather than the name of the owner. If the wallet is kept on a person's computer or on a website (where a party to a divorce registered his name) it is possible to discovery the existence of the bitcoins. However, wallets do not have to be associated with a name. Furthermore, if a person uses a "brainwallet" tracing a bitcoin to a specific person becomes almost impossible through any conventional method. A brainwallet is the use of a memorized passphrase in order to store a bitcoin.

The methods for discovering hidden cash will be the first approach of any divorce lawyer for discovering a bitcoin asset protection plan. Unfortunately many, if not most, divorce lawyers and judges are unfamiliar with bitcoins and the fact that bitcoins can be used to hide assets. A divorce lawyer who doesn't understand bitcoins cannot possibly be expected to uncover hidden bitcoin assets. If you have any suspicion that your spouse might be hiding assets, make sure your lawyer understands the bitcoin system and how to discover hidden bitcoin assets.

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