My Asset Protection Strategy

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  • Klemens
    MD
    • Dec 2019
    • 40

    #46
    Here is what the lawyer who specializes in Asset Protection talks about California Specific Real Estate Asset Protection Strategies. Clint Coons from Anderson Business Advisors. Here is his YouTube video: https://www.youtube.com/watch?v=UTbLaukU6XU - (starting at minute 32). Judge it for yourself.

    Comment

    • StarTrekDoc
      Member
      • Jan 2017
      • 8555

      #47
      The recurring observation you've received is what we give our patients who come in asking our advice after three years of self treatment....

      yes you've asked all your friends and dr Google over the past years on treatment plan but it was only covering the base symotoms and didn't address the issue. Now we have a problem. I wish you would have consulted a physician directly

      Sound familiar? Get a professional who does this daily to review your situation.

      If your goal is to minimize exposure risk from casual nuisance lawsuits in an economical fashion to avoid the annual $800 LLC Cali fee? Probably accomplished this...until sued and the suing lawyer forwards your fee avoiding scheme to BOE review board

      If your goal is the stated solid asset protection? Don't know. Get a professional review. I would think a regular LLC would be just as much chance as your scheme at the end of the day.

      Comment


      • Klemens
        Klemens commented
        Editing a comment
        Another jump-in assumption from a professional! Amazing! As a doctor, should we gather all the data first before making such a diagnosis?
        Have you read all my responses? Thanks for your advice.

      • Tim
        Tim commented
        Editing a comment
        Please define "constructive comments welcomed".
        Or at least some sample compliments you want to receive.
        @FLP
        Help!
    • Klemens
      MD
      • Dec 2019
      • 40

      #48
      - If you have experience with the matter (asset protection), please share so we (or I) all can learn from.
      - If you have more knowledge of the matter, please advise so we (or I) all can learn from.
      - If you have questions about the matter, please ask so we (or I) all can learn from.
      - Constructive comments: regarding the plan if you have more experience or knowledge about it.

      Otherwise you may not want to waste your valuable time and advice.

      I do not ask for compliments nor ask for approval.

      Comment

      • Tim
        Member
        • Sep 2018
        • 19563

        #49
        https://www.whitecoatinvestor.com/in...et-protection/
        https://www.whitecoatinvestor.com/to...s-for-doctors/

        State specific. Start above.

        Comment


        • Klemens
          Klemens commented
          Editing a comment
          Thank you so much Tim for the information.
      • jacoavlu
        Member
        • Mar 2018
        • 8561

        #50
        Originally posted by Klemens
        Here is what the lawyer who specializes in Asset Protection talks about California Specific Real Estate Asset Protection Strategies. Clint Coons from Anderson Business Advisors. Here is his YouTube video: https://www.youtube.com/watch?v=UTbLaukU6XU - (starting at minute 32). Judge it for yourself.
        Mr. Coons is selling a product. That doesn't mean it's a bad product. But if it were me I would be most interested to know if the strategy has been challenged and held up in court, that's all.

        Comment


        • Klemens
          Klemens commented
          Editing a comment
          You are right. Unfortunately I have not yet found case law regarding this strategy. I would be interested to find out if anyone knows any case law similar to this.
      • Tim
        Member
        • Sep 2018
        • 19563

        #51
        I know two partners at a Big Four Accounting Firm that ending up pleading in federal court on tax shelters that were vetted extremely well and lucrative. The reality is that "intention" becomes a factor in some judicial proceedings. Same facts, different intentions can lead to different results.

        Comment

        • Tim
          Member
          • Sep 2018
          • 19563

          #52
          Did you use Lexis Advance? Or Lexis Practice Advisor? They have free trials. Legal research platforms are not free. Pretty pricey.

          Comment

          • StarTrekDoc
            Member
            • Jan 2017
            • 8555

            #53
            Originally posted by StarTrekDoc
            The recurring observation you've received is what we give our patients who come in asking our advice after three years of self treatment....

            yes you've asked all your friends and dr Google over the past years on treatment plan but it was only covering the base symotoms and didn't address the issue. Now we have a problem. I wish you would have consulted a physician directly

            Sound familiar? Get a professional who does this daily to review your situation.

            If your goal is to minimize exposure risk from casual nuisance lawsuits in an economical fashion to avoid the annual $800 LLC Cali fee? Probably accomplished this...until sued and the suing lawyer forwards your fee avoiding scheme to BOE review board

            If your goal is the stated solid asset protection? Don't know. Get a professional review. I would think a regular LLC would be just as much chance as your scheme at the end of the day.


            #47.1
            Klemens commented
            Today, 06:21 AM
            Another jump-in assumption from a professional! Amazing! As a doctor, should we gather all the data first before making such a diagnosis?
            Have you read all my responses? Thanks for your advice.

            Another jump-in assumption from a professional! Amazing! As a doctor, should we gather all the data first before making such a diagnosis?
            • Have you read all my responses? Thanks for your advice.

            Been following your comments, yes. Just attempted a metaphor that we as physicians all too often experience. You, as a consumer (patient) of asset protection are doing the same by asking other consumers/cohorts (us) on something we're all non-professionals at --- asset protection; instead of seeking professional help -- Asset Protection Lawyer for your specific situation and viability of said structure in asset protection.

            My premise is that your structure may minimize cursory discovery. Properly structured LLCs would do the same. A consistent observation of your responses is that you are seeking an inexpensive solution, including not seeking direct professional review of your situation.

            Take these observations and advice as you will; but it's been repeated several times over by a few and doesn't appear to be received well or dismissed as assumptions.

            Sometimes people seek advice. Other times they just want to be heard of their plans. It seems you seek the latter than the former.

            Comment


            • Klemens
              Klemens commented
              Editing a comment
              Sorry that you just wasted your valuable time.
              Thank you.
          • uteomfs
            Member
            • May 2019
            • 53

            #54
            The asset protection plan you discuss is actually pretty common, in terms of this structure being solicited by Asset Protection Companies, not necessarily attorneys. In theory this probably works, in the real world, with very sharp attorneys coming after your assets, well that's a different story, potentially. I have set up a very similar Asset Protection Strategy, I just dont have as much faith in it as I once did. I believe there are holes in it, and I believe it can be exposed.

            Take this for what its worth. If you truly need a plan that is this complicated, and it is, there is a lot of upkeep. Is it not worth it to you to pay an attorney, who specializes in this line of work, to draft this plan for you. And more importantly, find an attorney who has defended such cases (this is hard because as noted above, most lawsuits are settled before it gets to this point), generally these aren't the companies peddling these products. I cant imagine having this complex of an Asset Protection Structure unless your NW is greater than MP limits. So, to try and save 10-20K, 1-2% of your NW, on a do it yourself Asset Protection Plan sounds ludicrous. I understand you have probably put a lot of time into studying this, and your ahead of the game bc you have done your homework, but there is nuance with these structures and I believe you are well served seeking the counsel of an attorney. Good luck

            Comment

            • G
              Physician
              • Jan 2016
              • 5089

              #55
              This has been a fun thread. I have read about similar strategies, but when it came time to pull the trigger, I was just too lazy. It takes work to keep up with all this, as well as expenses. I am kind of shocked that you would do all of this and have such a small umbrella policy. Also based on the comment above, seems like a lot of hassle for relatively small NW. Further, if you are that concerned, you might limit exposure to RE.

              Comment

              • Klemens
                MD
                • Dec 2019
                • 40

                #56
                I wonder if you two above would mind sharing your asset protection strategy that you paid to have it set up and what the cost was, so that we all can learn? Thank you.

                Comment

                • jfoxcpacfp
                  Moderator
                  • Jan 2016
                  • 15838

                  #57
                  Klemens, I believe the recurring theme in the responses you have received thus far is not that your plan should be endorsed by “professionals” who have no skin in the game but by hiring an attorney who is willing to risk his license by giving you specific recommendations and/or endorsing the plan you have cobbled together from watching YouTube, reading blog posts, etc. It appears to rub you the wrong way, as evidenced by your rejoinders to provide their plans, as if the lack thereof lends credibility to the fact that you at least have a plan. But getting opinions from forum members neither adds to nor subtracts from the viability of your plan. Whether you have put 2 days or 2 yrs into your project, all that really matters is if it will hold up in court. Neither you nor the other unlicensed forum members can provide that answer.
                  Last edited by jfoxcpacfp; 01-22-2020, 05:17 AM. Reason: Capitalization
                  My passion is protecting clients and others from predatory and ignorant advisors 270-247-6087 to schedule CPA and Financial Planning initial introductions for Fox CPA and Wrenne Financial Planning, my affiliate firm. We charge Flat Fees for both CPA & Fee-Only Financial Planning.

                  Comment

                  • G
                    Physician
                    • Jan 2016
                    • 5089

                    #58
                    Originally posted by Klemens
                    I wonder if you two above would mind sharing your asset protection strategy that you paid to have it set up and what the cost was, so that we all can learn? Thank you.
                    Big umbrella policy and got rid of tenants. The cost is self evident.

                    Maybe if you keep asking again and again somebody will post something to appease you!

                    Comment

                    • Klemens
                      MD
                      • Dec 2019
                      • 40

                      #59
                      Thank you jfoxcapcfp for your comment.
                      Let me say this and you can judge it yourself.

                      I posted the details of my plan so other can see and if anyone who has experience or knowledge about it can make constructive comments for me (or us) to learn form. It would be very naive of me to ask for legal advice from this group, don’t you agree? Because I explained how I studied the subject and how I set it up as DIY fashion, people (who may have no real knowledge about subject) assumed that is not a good plan and even called it as a “scheme” as if I want to hide or avoid something illegally. Other compared me to as self-treated symptoms and not getting real treatment from doctor. LOL.

                      What if I disclose that my plan was designed by a specialized asset protection attorney, would it change the way other members “advised” here? It still does not change the facts about the plan structure. At that time, I would bet no one who has no real knowledge about this would call it a “scheme” without providing specific “holes” in the plan. I didn’t want to have a pre-test bias when I originally posted my plan to obtain a real opinion from those who knows the subject.

                      Just because someone else provides something that does not comfort to your belief, it doesn’t mean that person is wrong.

                      My suggestion is that if someone posts something here and if you have experience or knowledge about it then share or give advice so everyone can learn. If you don’t know it, then keep reading and learn from other, don’t make assumption. If you are an expert, then share. If you are not, then read and learn. Don’t just post so you can feel good about yourself. Again, I posted here with 2 purposes as I mentioned in my above post. I do not ask for approval nor ask to be heard!

                      I do really thank those members who provide good feedback information with a good intention to share for all of us to learn from. You know who you are. Thank you very much.
                      Last edited by Klemens; 01-21-2020, 09:21 AM.

                      Comment

                      • uteomfs
                        Member
                        • May 2019
                        • 53

                        #60
                        Klemens, cant get to into mine, for a few reasons, but I will tell you that the second I read yours, it was extremely familiar. Mine obviously has some nuance, but my situation is different than yours, they are all a little different. I didn't need the Wyoming Trusts/LLC's bc the state I live in has good protections. I paid 8-10K, cant remember exactly, but somewhere in that neighborhood. Again, I will emphasize, find an attorney who specializes in this and practices this type of law. Completely different than a company who sells the product. I hope this makes sense. Also find someone local. Additionally, go back and listen to a recent WCI Podcast on Estate Planning and Asset Protection.

                        Comment

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