Broker Check

Family Asset Protection

Client Centered

What does asset protection mean to you?

Historically, one common view of asset protection contains having a strategy and secretive plan to hide or cloud visibility of assets from others.

Typical purposes have been to avoid potential taxes due, limit creditor claims in the event of default, deny claims on assets from ex-spouses or relatives, or to minimize frivolous lawsuits.

Click HERE for a useful article on the topic from Investopedia.

A short parable to illustrate this view. A person takes the most valuable assets he or she owns, puts them in a container secured with multiple types of locks, and then relocates the container to a remote island for retrieval later. The two primary aims being (1) to prevent others from even knowing the container exists, especially taxing authorities, and (2) to require special keys, technologies, or methodologies to access the container if identified.

While this has been a commonly attempted approach it is fraught with challenges ranging from potentially violating tax reporting requirements, to dishonorable or questionable intent, to creating a mess and unnecessary expenses for heirs.

A better and wiser approach is 
VISIBLE DETERRENCE.

Visible deterrence means protecting assets in more clean and streamlined ways while also using a different set of objectives.

The top three objectives being:

  1. Minimizing personal, family, business, and asset profiles individually and collectively but not hiding them.
  2. Using existing, proven, and effective tax code, legal mechanisms, and financial solutions that apply to your specific disposition to execute a robust protection strategy. A strategy that makes it expensive and difficult to be penetrated by bad actors, frivolous lawsuit initiators, or those without legitimate claims or significant resources of their own to support an intended legal action.
  3. Training beneficiaries, trustees, and other applicable stewards on intentions, desired outcomes, operational mechanics of the selected strategy, and what professionals should be contacting and when.
Client Centered

This keeps intentions clean and demonstrable. Potential actions honorable. Uses available legal remedies, financial solutions, and tax code to minimize potential financial, emotional, and spiritual damage to the family.

This approach is more akin to an American football game where every asset or item of value that one wants to protect is placed in one endzone.

Using various coverings, containers, placements, and patterns to make it difficult to identify, value, or access the assets. Or whether key assets have an existing encumbrance or senior lien.

Any party who wants to potentially access your assets will have to start one hundred yards away in the opposite endzone and drive towards the endzone where your assets are located.

The party becomes aware or is counseled that they will need a team, money, and determination to get in the game at all, and then must also agree to play by established rules of the game or be penalized or disqualified from continuing to play.

Embedded in the strategy selected by design can also be regular intervals of progression that require significant expense, time, and professional experience to access. For example, advancing from the 20-yard line to the 50-yard line.

In short, once this strategy is realized to be in play by a potential target or their legal counsel, it causes the threatening party to carefully consider the potential reward they might get versus the estimated cost in time and money to achieve the potential award. 

If family net worth is $1,000,000 or greater, or includes investment real estate, an operating business, or investible or digital assets, then an asset protection strategy should be considered.

Two things that surprise most people.

  1. Establishing a robust asset protection strategy is less expensive than expected, particularly for the value received. Cost today is driven by the number, value, and disposition of asset and liability types, investor situation and level of complexity, and the desired level of protection and probability applied to a given scenario.
  2. Oz Investing Services LLC supports clients with systematic or specific initial asset protection strategy development and planning. We typically assist clients with preliminary asset mapping and work with the client's tax and legal advisors to develop a customized comprehensive asset and liability management plan.

Contact us with questions or to inquire about asset protection services for your family or business.

Questions?

If you have any questions or would like to explore potentially working together now or in the future, please contact Oz Investing Services today. Thank you.

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