You might think that only the super wealthy need to worry about asset protection planning. But the truth is that if you don’t have millions, you may be at even greater risk. For instance, if you are a multi-millionaire, a $50,000 judgment against you might not be that big of a deal. But for a family with a modest income, savings, and home, it could be devastating.
Furthermore, asset protection planning isn’t something you can put off until something happens. Once you are under threat of a lawsuit, it’s likely too late to protect your assets. Like all types of planning, to be effective, you must have your asset protection strategies in place well before something happens. And your asset protection plan isn’t a one-and-done deal: it must be regularly updated to accommodate changes to your assets, family dynamics, and the law.
While you should meet with us, your Personal Family Lawyer to determine the asset protection strategies that are best suited for your particular asset profile and family situation, here are four essential strategies to consider for safeguarding your family’s most valuable assets.
1. Invest In Insurance
Insurance is always the first line of defense when it comes to asset protection. Anyone can file a lawsuit against you at any time—and basically for any reason. And whether you are ultimately found at fault or not, defending yourself in court can be extremely costly.
The insurance coverage you purchase should not only pay damages if a lawsuit against you is successful, the policy should also cover the cost of hiring a lawyer to defend you in court, whether you win or lose your case. And because a large judgment could exceed your policies’ coverage limits, you should also seriously consider buying umbrella insurance.
Should your underlying insurance policy max out, an umbrella policy will help cover any remaining damages and legal expenses. As your Personal Family Lawyer, we will evaluate your current insurance policies and advise you about the types and amounts of insurance you should have for maximum protection of your assets.
2. Take Advantage Of Statutory Exemptions
Another way to protect your family’s assets is by taking full advantage of federal and state laws that make certain types of assets “exempt” from creditor claims and judgments. Depending on the state, the availability and amount of protection offered by these exemptions can vary.
For example, many states offer a homestead exemption, which protects a certain amount—or even the full value—of the equity you have in your primary residence from creditors. If your state provides a generous homestead exemption, paying down your mortgage could protect funds that would otherwise be vulnerable.
Similarly, federal and state laws also classify many retirement plans, such as 401(k)s and IRAs, as exempt assets. Additionally, some states offer significant, or complete, exemptions for life insurance policies and annuities, as well.
Even though such exemptions won’t offer you total protection, they can provide significant shelter for certain assets. Plus, using statutory exemptions is something that can be accomplished without investing anything—all that’s required is for you to understand how best to structure your investments to take advantage of these protections. Meet with us, your local Personal Family Lawyer to learn what types and amounts of exemptions are available in your area, and how to make the best use of each one.
3. Use The Right Business Entity
Owning a business can be a major wealth-generating asset for your family, but it can also be a serious liability. In fact, without the proper protection, your personal assets are at serious risk if your company ever runs into trouble. For example, if your business is currently a sole proprietorship or general partnership, you are personally liable for any debts or lawsuits incurred by your business.
However, structuring your business as a limited liability company (LLC) or corporation is typically the best move for most small businesses. When properly set up and maintained, both entities create an impenetrable barrier between your personal assets and your business activities. Creditors, clients, and other potentially litigious individuals can go after assets owned by your company, but not your personal assets. Additionally, having the right business insurance in place can help shield your business assets from such claims.
If you own any kind of business, even just a side gig to earn extra income, you should consider setting up a protective entity to ensure any liabilities incurred by your company won’t affect your personal assets. We can help you select, put in place, and maintain the proper entity structure for your particular business operation. If you haven’t done this already, contact us right away to ensure your business doesn’t put your personal assets in jeopardy.
4. Put The Proper Estate Planning In Place
Although each of the above scenarios are mere possibilities, there is one certainty in life—death. It’s coming for all of us, and given this fact, your eventual death—or your potential incapacity from a serious accident or illness before you pass away—is the biggest risk to your family’s assets.
If you become incapacitated or die without proper estate planning in place, your assets and family will face a number of potentially tragic outcomes. Without the proper planning, your assets will get stuck in the court system, which could result in those assets passing to family members you would never want inheriting them, or if the assets eventually do pass to the loved ones you would want inheriting them, those assets could be seriously depleted or even lost. To this end, planning in advance for the inevitability of death is one of the greatest gifts you can give those you love most.
You work way too hard to leave your family’s assets at risk. If you’ve been putting off creating your estate plan—or if you haven’t updated your existing plan recently—now is the time to get it handled. As your Personal Family Lawyer firm, we’ve made estate planning incredibly easy, and we start with a Life and Legacy Planning Session, which is the first step in our Life & Legacy Planning process.
Life & Legacy Planning: Do Right By Those You Love Most
During this process, we’ll walk you through an analysis of your assets, what’s most important to you, and what will happen to your loved ones when you die or if you become incapacitated. From there, we’ll work together with you to put in place the right combination of estate planning solutions to fit with your unique asset profile, family dynamics, budget, as well as your overall goals and desires.
As your Personal Family Lawyer, we aren’t like most estate planning firms—we see estate planning as far more than simply planning for your death and passing on your “estate” and assets to your loved ones—it’s about planning for a life you love and a legacy worth leaving by the choices you make today. And this is why we call our services Life & Legacy Planning. Contact us today to schedule your visit to ensure that your assets and loved ones are safeguarded from all potential threats.
This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.
Did you know that Pennsylvania has the fifth largest older adult population in the nation with 3.4 million individuals?1 As the population continues to age, more people are weighing their options when it comes to downsizing, moving into a senior living community, or choosing to age in the comfort of their homes. According to a 2021 Home and Community Preferences survey by AARP of 2,826 U.S. adults, about 75% of people over the age of 50 expressed that they would like to remain in their current houses and communitiesmeaning aging in place is becoming a more prevalent life choice among older adults.2What to Know About Aging in PlaceIf youre leaning toward spending your years in the place where you feel the most content and safe, then you need to be willing to make some modifications to your home. As you age, your needs change, which means certain features in your home may need to be adjusted. Wider doorways and walkways; accessible bathrooms, kitchens, and bedrooms; ramps and lifts; non-slip floors; and stability aids like grab bars and handrails are some of the most common enhancements that come to mind, but assistive technology can play an important role in aging in place too.Many people choose to age in place because they want to maintain their independence, and assistive technology helps make that possible. From smart home devices that allow you to control the temperature or lights with voice commands to amplified phones and doorbells, there are plenty of high-tech tools that can help you navigate your day-to-day with ease. If youre a senior with hearing loss, Captioned Telephone Relay Service is a free service that allows you to read captions of whats said to you during phone conversations using a uniquely designed CapTel phone.CapTel Makes Phone Conversations Clearer Using CapTel, you can confidently and securely age in place knowing that you can effectively communicate over the phone. Whether youre calling loved ones to catch up, chatting with your doctor, or contacting first responders in an emergency, CapTel is a dependable communication solution for older adults who have hearing loss.Best of all, the CapTel captioning service is free and available in English and Spanish, with captions appearing on the bright, built-in display screen of the CapTel phone just moments after the other caller has spoken. CapTel phones can be purchased directly for $75 through a third-party vendor, or qualified Pennsylvania residents can apply for a CapTel device through the states Telecommunications Device Distribution Program (TDDP)which provides specialized equipment to individuals who find it difficult to use a standard phone. Age in Place Confidently with CapTelTo learn more about CapTel, including how to purchase or apply for an assistive communication device, visit pactrs.com today!Sources:1Master Plan for Older Adults, Pennsylvania Department of Aging 22021 Home and Community Preferences Survey: A National Survey of Adults Age 18-Plus | Joannne Binette & Fanni Farago, AARP Research CapTel is a registered trademark of Ultratec, Inc.
Moving to a personal care home is a big decision based on many factors. Cold winter months are drawing near, and the Farmers Almanac is forecasting a Winter Wonderland for the northeastern United States. Keeping this in mind, and to avoid winter chores, this is a great time to consider a respite stay and experience first-hand what life is like living in a personal care home.Experience an easier moveWinter weather conditions like snow and ice can complicate the move to a personal care home. Moving before bad weather conditions arrive allows seniors to avoid potential weather-related delays, accidents or other challenges during transportation and when moving belongings.Try out the personal care homeRespite care offers seniors a chance to try out a retirement community without making a long-term commitment. Country Meadows offers all-rental retirement living accommodations, so seniors are not beholden to a lengthy lease or an ownership stake. A respite stay can help older adults see for themselves whether or not the community is a good fit for a permanent move.Avoid winter weather challengesMany older adults struggle with winter chores such as shoveling snow, chipping away ice, walking on icy sidewalks, managing heating systems and driving in inclement weather. A temporary respite stay at a personal care home eliminates these responsibilities, as well as many other daily chores, removing worries. It provides seniors the opportunity to settle into their new living arrangement without the added stress of winter weather.Access daily assistance and health servicesAlong with cold weather, the winter season can also bring several challenges for older adults to maintain wellness. A major benefit to living at a personal care home is prompt, easy access to health resources and assistance. This is especially beneficial for seniors with health concerns and mobility issues. If a resident requires assistance with medications, dressing, bathing or another daily activity, simply push a call button and a personal care associate can provide needed help. And a wellness team keeps an eye on each residents overall health.Reduce lonelinessMany seniors experience loneliness and isolation while living at home. The winter months can magnify these feelings. Respite care offers opportunities for social interaction and engagement with new neighbors and friends in the same age group, reducing feelings of loneliness and providing mental stimulation.Participate in activities, enjoy entertainment and outingsSenior living communities often offer a variety of enriching activities and events. At Country Meadows, our Vibe program considers each residents physical, cognitive, social and spiritual needs and customizes activities, entertainment, outings and purposeful service opportunities. Events are organized seasonally by categories and offer opportunities for socialization and fun. When living at a personal care home, one doesnt need to brave the elements outside, because all the fun during winter is happening indoors, fostering a sense of belonging among residents.Provide relief for family caregiversA respite stay offers a break for family members and friends providing care in a seniors private home. This break is especially appreciated during winter months when private caregiving responsibilities might become more demanding due to inclement weather, illnesses or holiday-related activities.When considering respite care at a personal care home or retirement community over the winter months, its important to do some homework. Families and seniors should research and visit potential facilities to ensure the community can meet specific needs and preferences of each individual. The decision for respite care should prioritize the well-being, comfort and specific needs of each person, aiming to provide a supportive and enriching experience. Contact Country Meadows Retirement Communities today.
What Are Elder Law and Special Needs Planning?Elder law and special needs planning involve preparing for expected and unexpected life circumstances, including the possibility of becoming incapacitated as well as protecting and providing for future needs of loved ones with disabilities.At its core, Elder Law focuses on the unique needs of older persons and practice areas that address issues of concern for aging adults, adults with disabilities/incapacity, their families and caregivers. Unlike traditional estate planning, Elder Law begins by assisting you with issues associated with a long and healthy life, rather than simply planning for death. It mixes legal and practical issues such as being able to continue residing in your home if you had a chronic condition, having someone help in managing your finances, and not becoming a victim of financial abuse in the process. Elder law endeavors to help you solve the problem of not knowing what you dont know.Special Needs Law focuses on solving legal problems for individuals with special needs and their caregivers. Although there is no uniform definition of special needs, the phrase describes individuals with a wide variety of physical or mental conditions who require assistance with personal care needs, activities of daily living, paying bills, managing finances, etc., who may be vulnerable to and need protection from exploitation or abuse, and who may need access to public benefits or any number of other types of assistance. If you currently provide care for a child or loved one with special needs (such as mental or physical disabilities), you must have contemplated what may happen to him or her when you are no longer able to serve as the caregiver. Frequently, parents and grandparents are concerned about how their children and grandchildren will be cared for after the parents or grandparents deaths and want to plan in advance to protect their special needs loved one. Elder Law and Special Needs Planning encompass many different fields of law, including, for example: Disability planning, durable powers of attorney, living trusts, advance directives, other tools to delegate management and decision-making to another in case of incompetency or incapacity Estate planning, including the management of finances and assets during life and disposition on death using trusts, wills, and other instruments Special/Supplemental Needs Trusts Conservatorships and guardianships Long-term care planning and placements Trust and probate/estate administration Elder abuse and financial exploitation Medicaid planning Retirement and Social Security planningWhen each day seems to present a new challenge, thinking about the future can be overwhelming. A plan can help break things down into achievable pieces. No matter what age or stage, it is getting started that counts.This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq., A Day Law, LLC. Reach her at 251-277-3377.
Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.