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Daniel Van Slyke is an estate planning attorney licensed to practice law in California, Texas, and Missouri. On this channel, he discusses estate and tax planning, special needs planning, business...
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Daniel Van Slyke is an estate planning attorney licensed to practice law in California, Texas, and Missouri. On this channel, he discusses estate and tax planning, special needs planning, business planning, and related topics. Nothing on this channel is legal advice. I cannot give you legal advice without learning about you and your estate and analyzing your goals and concerns. This channel does not create an attorney-client relationship. No attorney-client relationship exists between us unless we both have signed an attorney-client engagement agreement.
Mission. The mission of Daniel Van Slyke, Attorney at Law is threefold: (1) to give you and your family peace about your estate; (2) to help keep your estate, business, and family out of court; (3) and to protect your legacy from creditors, predators, and indiscretion. Daniel will take the time to learn about you and your estate, to discuss your goals and concerns, and to carefully craft a plan to help you meet your goals. Daniel also will explain clearly all you need to know so you will understand your plan and how to manage it.
Remote Services. The Firm conducts business remotely. Daniel is an attorney licensed to practice law in California, Texas, and Missouri. Wherever you are in California, Texas, or Missouri, Daniel can prepare or update your estate or business plan from the comfort of your own home, without the need for in-person visits or travel.
show less
Mission. The mission of Daniel Van Slyke, Attorney at Law is threefold: (1) to give you and your family peace about your estate; (2) to help keep your estate, business, and family out of court; (3) and to protect your legacy from creditors, predators, and indiscretion. Daniel will take the time to learn about you and your estate, to discuss your goals and concerns, and to carefully craft a plan to help you meet your goals. Daniel also will explain clearly all you need to know so you will understand your plan and how to manage it.
Remote Services. The Firm conducts business remotely. Daniel is an attorney licensed to practice law in California, Texas, and Missouri. Wherever you are in California, Texas, or Missouri, Daniel can prepare or update your estate or business plan from the comfort of your own home, without the need for in-person visits or travel.
iPlan Law - Asset Protection
iPlan Law - Asset Protection
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What is Asset Protection?
18 FEB 2024 · Asset protection is a set of strategies to protect your assets from being taken by predatory creditors. There are two parts of asset protection. First, avoid creditor claims. You create your own creditors by taking on debt, failing to pay taxes, or associating with the wrong people – especially in intimate relationships. But you can’t always avoid creditors. You may lose a lawsuit and wind up with a judgment against you – even if you’ve done nothing wrong. When that happens, the second part of asset protection comes into play: allocating your assets into two protected categories. You must do this before you have a known creditor. The first category is exempt assets, which are protected by law from certain creditor claims. The second category is assets you placed beyond the reach of future potential creditors, for example in LLCs or trusts.58s -
LLC Owners – do this to prevent piercing your corporate veil!
18 FEB 2024 · The corporate veil protects your personal assets from your Limited Liability Company's (LLC’s) creditors and liabilities. If someone sues your LLC and pierces the corporate veil, that creditor may be able to seize your personal assets. This short provides some best practices to keep your veil intact and help preserve the asset protection of your LLC. LLC owners don't let them pierce the corporate veil your LLC is a separate entity responsible for its own debts and obligations to keep your Veil intact you must follow best practices including one keep the llc's finances and assets separate from your own two always keep enough funds in the LLC Bank account for at least 3 months of business expenses three document all transaction c s and keep the records four clearly State when you are acting on behalf of the LLC with third parties five follow state law regarding LLC operations and regular public filings and fees six have an operating agreement and follow it seven don't try to defraud or cheat anyone with your LLC these best practices will strengthen the asset protection of your LLC English (auto-generated)59s -
TX now gives charging order protection to single-member LLCs
18 FEB 2024 · As of September 2023, Texas provides charging order protection to single-member limited liability companies (LLCs). Good news partnership and LLC owners charging order protection just got better in Texas charging order protection can stop creditors of business owners from reaching the businesses assets for example if you are sued for causing a car crash charging order protection may keep the plaintiff from reaching your business assets the plaintiff can only seize distributions the business makes to you Texas provides this protection to LLCs and Partnerships responding to a court ruling that limited charging order protection the Texas legislature has expanded that protection in September 2023 Texas joined a small group of states that provide charging order protection to single member LLCs the other states are Alaska Delaware South Dakota Nevada and Wyoming I'm Daniel van slyke and Aggie attorney licensed in Texas California and Missouri you can find me at iplanlaw.com58s -
Inside Out LLC Asset Protection
18 FEB 2024 · Some business entity forms can protect your personal assets from liabilities of the business. Did you know that some business forms protect you as owner from the liabilities of the business? Larry owned a rental property. He placed it in a business entity called a Limited Liability Company or LLC. Larry then hired a management company to take care of the rental. The tenant threw a wild party, during which a drunk guest fell down the stairs, sustaining injuries. The guest sued Larry, but he could not reach Larry’s personal assets because the they were protected by the Limited Liability Company. To maximize asset protection, own your business interests in entities like Limited Liability Companies or corporations that protect your personal assets from the liabilities of the business.48s -
Protect Assets Like a Reasonable Person!
18 FEB 2024 · In a lawsuit called a tort action, the court will enter a judgment against you if you failed to act like a hypothetical reasonable prudent person, and thereby cased injury to another's person or property. Protect your assets from tort suits by acting like a reasonable prudent person! In our litigious society, the slightest error can give rise to a lawsuit that will leave you bankrupt. Lawsuits seeking money judgment for failure to exercise proper care in your actions are called “torts.” How can you avoid a tort action that might devastate you financially? Act like a “reasonable prudent person.” The “reasonable person” is a hypothetical individual who approaches every situation with the appropriate amount of caution and then acts reasonably so as to prevent causing harm to either other people or their property, directly or indirectly. In a tort suit, the court will issue a judgment against you if you failed to act as this “reasonable person” and thereby caused harm to another’s person or property. In every situation, ask yourself how the reasonable person would behave, and do that. Exercising consistent caution can help protect your assets by avoiding a tort suit.58s -
To Protect Your Assets, Keep Them Quiet
18 FEB 2024 · Plaintiff's attorneys and their clients want to sue people with assets they can collect. They do not want to waste their time on people with little or no assets. Those who display their wealth risk attracting attention as potential lawsuit targets. Therefore keeping your assets quiet helps to protect those assets. To protect your assets, [whisper] keep them quiet. As a teenager, I lifeguarded at a recreation-center pool in a poor area of town. A fellow lifeguard came to work in a fancy jeep, loud music blaring from his radio. He worked there about three days before someone tore into his jeep and stole his speakers and radio. He did not keep his assets quiet. Asset protection includes keeping your assets quiet. If you drive an expensive vehicle and live in the biggest house in town, you attract attention as somebody worth suing. Plaintiff’s attorneys and their clients want to sue people with assets they can collect. They don’t want to waste their time on someone with little or no assets. You may be tempted to display your wealth. That’s understandable, and it’s a common lifestyle choice. Just be aware that you are attracting attention to yourself as a potential lawsuit target.57s -
Don't Waive Your Asset Protection Goodbye!
18 FEB 2024 · The sad story of Broke Barry shows how easy it is to waive asset protection by signing personal guarantees and secured loans. Don’t waive your asset protection goodbye. Don’t be like Broke Barry! Barry operated his business in an LLC that protected his personal assets, and all the equity in Barry’s home was protected by the state’s homestead exemption. Barry waived the protection of his business entity by signing a personal guarantee demanded by a certain supplier. Barry waived his homestead exemption by signing a loan secured by equity in his home. The supplier sued Barry, won a judgment against him, and seized his personal assets to pay the judgment. When Barry failed to pay his loan, the lender foreclosed on his home. You can blow your asset protection, no matter how carefully it’s been constructed. People lose their asset protection by signing guarantees and secured loans. Do whatever you can to preserve your exemptions and benefit from your protective structures. Don’t waive your asset protection like Broke Barry!59s -
There Are No Guarantees with Asset Protection - But It Helps!
18 FEB 2024 · Asset protection planners cannot guarantee results. Nonetheless, asset protection can slow down potential judgment creditors. If you have wealth or you’re in a profession like medicine or law, you’re at high risk of being sued. You may worry about protecting your assets in case litigation arises. But don’t believe any protection planner who guarantees a structure will work. Determined judgment creditors may vigorously attack your asset protection trusts or business structures in court. And judges do not like judgment debtors who have transferred assets out of the court’s reach. If they cannot reach your assets, they may reach your behind and put it in jail for contempt of court. Although nothing guarantees protection, tools like asset protection trusts most likely will slow down or deter some potential judgment creditors. And you may also benefit from state and federal exemptions that protect certain assets from creditor claims with a little careful planning.51s -
Offshore Trusts Can Protect Your Assets but Not You
18 FEB 2024 · Judges find foreign or offshore asset protection trusts contemptible. These trusts can provide powerful asset protection, leaving your assets out of the reach of U.S. courts and judgment creditors. However, judges can punish and coerce you as the grantor of the trust with jail or prison if you refuse to hand over those assets. Offshore trusts can powerfully protect the assets of a U.S. citizen, but they can’t protect the citizen. In several cases, judges have jailed defendants for contempt of court when assets in offshore trusts were not returned to satisfy the court’s judgment. For example, one defendant spent 14 years in jail for refusing to turn over $2.5 million that the judge believed was hidden in an offshore trust. What’s the lesson? Judges are extremely powerful. If a judge believes that you’ve purposely hidden assets offshore to avoid the court’s authority, the judge may punish and attempt to coerce you into obeying with imprisonment under a contempt order. Take warning! Don’t do anything that will provoke a judge and carefully consider any offshore trust provisions that might leave you in jail for contempt, unable to satisfy a judgment against you.50s -
To Protect Assets, Pay Taxes!
18 FEB 2024 · Taxing authorities like the IRS and local governments have powerful tools to enforce the payment of taxes. While some planning strategies may mitigate or reduce taxes, any asset protection plan that promises to completely avoid taxes is highly suspect. Protect your assets by paying your taxes. You might get away with murder, but you won’t get away with not paying your taxes. Just ask Al Capone, who was sentenced to prison and fines … for what? Tax evasion. The IRS is a super-creditor. If you don’t pay your federal taxes, the IRS can seize your assets and even put a lien on your home. States and local authorities similarly have powerful tools to enforce their taxes. A local government can foreclose on your real estate if you don’t pay property taxes. Protect your assets from super-creditors by paying your taxes. Asset protection plans that promise to avoid taxes for residents of the U.S. are scams and may subject both planner and client to criminal prosecution for tax evasion or conspiracy to evade taxes. Don’t repeat Al Capone’s mistake. To protect your assets, pay your taxes!52s
Daniel Van Slyke is an estate planning attorney licensed to practice law in California, Texas, and Missouri. On this channel, he discusses estate and tax planning, special needs planning, business...
show more
Daniel Van Slyke is an estate planning attorney licensed to practice law in California, Texas, and Missouri. On this channel, he discusses estate and tax planning, special needs planning, business planning, and related topics. Nothing on this channel is legal advice. I cannot give you legal advice without learning about you and your estate and analyzing your goals and concerns. This channel does not create an attorney-client relationship. No attorney-client relationship exists between us unless we both have signed an attorney-client engagement agreement.
Mission. The mission of Daniel Van Slyke, Attorney at Law is threefold: (1) to give you and your family peace about your estate; (2) to help keep your estate, business, and family out of court; (3) and to protect your legacy from creditors, predators, and indiscretion. Daniel will take the time to learn about you and your estate, to discuss your goals and concerns, and to carefully craft a plan to help you meet your goals. Daniel also will explain clearly all you need to know so you will understand your plan and how to manage it.
Remote Services. The Firm conducts business remotely. Daniel is an attorney licensed to practice law in California, Texas, and Missouri. Wherever you are in California, Texas, or Missouri, Daniel can prepare or update your estate or business plan from the comfort of your own home, without the need for in-person visits or travel.
show less
Mission. The mission of Daniel Van Slyke, Attorney at Law is threefold: (1) to give you and your family peace about your estate; (2) to help keep your estate, business, and family out of court; (3) and to protect your legacy from creditors, predators, and indiscretion. Daniel will take the time to learn about you and your estate, to discuss your goals and concerns, and to carefully craft a plan to help you meet your goals. Daniel also will explain clearly all you need to know so you will understand your plan and how to manage it.
Remote Services. The Firm conducts business remotely. Daniel is an attorney licensed to practice law in California, Texas, and Missouri. Wherever you are in California, Texas, or Missouri, Daniel can prepare or update your estate or business plan from the comfort of your own home, without the need for in-person visits or travel.
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