Trusts & Estates
A Primer On Asset Protection Planning
By Jeffrey R. Matsen, Esq. & Jonathan A. Mintz, Esq.
Asset protection planning has been practiced by attorneys, financial planners and accountants for several decades. Business persons have always had concerns over the exposure of their personal assets to claims against their business. The corporate form of business entity with its shield of limited liability has been invoked for centuries. Certainly, protecting one’s assets from the myriad of risk involved in business and personal financial planning is not a novel objective or planning idea.
Since the 1970’s, expanding theories of liability and the proliferation of litigation have given increased emphasis to asset protection planning to the extent that it is now a well-recognized area of practice. It certainly comes within the concept of lifetime estate planning involving the protection and conservation of accumulated wealth or asset base.
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