Mon 18 Sep 2006
Book Review – Asset Protection: Concepts & Strategies for Protecting Your Wealth
Posted by RichSlick under Book Reviews
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As my financial wealth has continued to grow, I’ve become increasingly concerned about keeping that wealth. Warren Buffets two rules of investing are
1. Don’t lose money
2. See Rule #1
I can across a well written and highly recommended book regarding asset protection called written by Jay Adkisson and Christopher M. Riser.
The book debunks many myths and provides some interesting examples at how creating complicated and extravagant “in your face” offshore trusts or other asset protection schemes can backfire and turn a simple civil case into a criminal case with jail time.
There are many practical things a person can do to limit their liability and properly and legally protect their assets. The author points out that the most obvious asset protections are generally the best and safest. Adkisson recommends a layered approach to asset protection and while I can’t cover every aspect of his strategy here, I think some of them distill down to the following:
While laws vary state to state, the right state can help protection many of your assets under existing laws:
States like Texas & Florida have generous homestead and property exemptions. If I’m not mistaken, Traditional IRA & Roth IRA (up to 1 million), 401k Plans (unlimited), Homestead (certain limits and restrictions) are exempt from lawsuits (except divorce) in Texas and Florida. State laws and exemptions offer the first layer of protection.
The second layer of protection is proper insurance. Often, an umbrella policy with one or two million coverage can be purchased for a few hundred dollars. Complicated offshore trusts and other schemes usually recommend cancellation of insurance coverage but his is a big no-no according to Adkisson.
The third layer of protection is one afforded to everyone: Bankruptcy. While usually a last resort, this does offer protection of some of your assets and can help unload heavy financial burdens placed on you.
The fourth layer of protection comes into play as subtle yet practical and innocent creation of Limited Liability Corporations and Trusts. The key in creating these is ensuring that their creation serves multiple legitimate purposes rather than just “to keep money away from US judges.” Legitimate uses include creation of family protection trusts, tax shelters, business protection amongst other things.
There are other facets in the book that make it an interesting read. There is a section dedicated to the whole “morality” of using any of these asset protection schemes and how they may be technically legal, they may be ethically and morally wrong.
I highly recommend this book anyone interested in protecting their wealth. Recent bankruptcy laws aren’t included in the book so be on the look out for an updated version and keep that in mind if ordering this book.