Posted by Rosovich & Associates, Inc.

The Role of Wealth Preservation Attorneys

The Role of Wealth Preservation Attorneys

The real estate market is an ever-changing market that affects our economy by buying, selling, renting properties, among other business opportunities. We often hear about sales profits, tax deferrals, and the current rental market situation in the media. However, most of us don't hear much about protecting and preserving our assets or preserving our wealth other than getting an insurance policy. While insurance is an excellent first line of defense, heritage preservation is a framework that makes it difficult or even impossible to access resources. This article will briefly outline why wealth conservation should be considered when it comes to protecting your property.

Why should we have Wealth Protection?

Wealth preservation planning is about protecting your work and the legacy of your life. Whether it is a principal residence or a rental business, preserving wealth means protecting these assets as much as possible. In general, wealth preservation is a handy tool when business, estate planning, and family goals are the primary goals, and asset protection is just a side benefit. The countless results can be increased wealth, real estate management and development, reduction of inheritance tax, avoidance of two levels of taxes, protection of LLC members from LLC creditors, provision of confidential information, avoidance of probate, the establishment of an order of succession, prevention of transfer of interests due to troubled marriages, member cash flow control, purchase and sale agreements, private dispute resolution and tax reductions, to name a few.

Wealth conservation is a framework that makes possessions difficult or impossible to obtain. If the right steps are taken, you can protect your property by putting some of your assets behind barriers: the more obstacles, the greater the protection. Maintaining wealth also includes future responsibilities. Achieving this type of security is essential and allows you to stop worrying about the type of liability you could be exposed to. We focus on building most of the time; we don't stop to think about how these risks may affect our primary residence or business. Effective wealth conservation planning is based on the assumption that the management measures adopted today include the protection of the future transfer of this legacy to younger generations.

We live in a controversial society where it is common to sue a person or a company, especially when trying to find someone to blame. Secondly, nothing can prevent someone from taking legal action. This means that the costs of a defense when you are sued, even if you win at all levels, you can still spend up to $100,000 extra to defend yourself, and you will probably never recover these costs and legal fees. 

Clients, customers, patients, employees, family members, business partners, tenants, virtually the general public are all people who can sue you. These trials also vary in flavor, and while we try to make the justice system fair, juries are sometimes shaky. Depending on the members of the jury, they may not have the same sympathy for the real property owner. Considering all these dangers, it is worth taking steps to maintain the barriers to sustaining wealth. If something happens, at least you know you have a line of defense ready instead of having to open up to all your resources. This type of pre-planning of current and future wealth transfers to younger generations aims to protect assets. Effective asset preservation planning is always based on the premise that at the time the plan is implemented, there is no known or suspected creditor that will be left holding the bag.

What are the tools for preserving wealth?

There are several tools we can consider to give us better asset protection. Insurance, trust, entities and/or multiple entities, gifting plans, retirement plans, and application of knowledge. These wealth preservation tools are available for you to control your property and assets for your benefit. Several lines of defense can be used: insurance, incorporation, and estate planning, to name a few.


The insurance provides protection when a lawsuit is filed. Sufficient coverage and the cost of the policy are matters that depend on each activity and your personal comfort. There are numerous insurance policies in the market, and while not every product meets the goals of every individual and business, insurance would be the first line of defense.

Entity Formation

Entity formation is something that can be used to separate activities. For many businesses operating as a corporation or in their own name, a lawsuit can result in the loss of everything they own. If you own property in separate companies, only the entity involved in the process is at risk. Although creating entities does not mean that your other businesses are not accessible because, in some cases, the courts apply equally comprehensive legal theories to corporations and limited liability entities. Ignoring the "entity formalities" is the main reason why courts pierce the entity veil. The corporate shield is maintained as long as the entity adheres to formal maintenance plans, turns documents into valuable planning opportunities, engages attorneys and accountants with owners for annual planning meetings.

When considering protecting a business asset, think about the type of entity formation that would work for you. So when choosing the right type of entity, follow the proper procedures to ensure the entity is formed. Finally, have an exit strategy in the event of death, disability or divorce. As these decisions can be difficult to make, especially during unforeseen circumstances, it is best to plan for these difficult times early in the honeymoon phase of entity creation.

Estate Planning

Having a trust-based succession plan prevents probate. Probate is a long, difficult, public, and expensive process. Some state intestacy plans don't allow for who your beneficiaries are and in what way you can leave your property, whether it's a special needs trust or a lifetime trust. Trusts include revocable life trusts and irrevocable life trusts. There are also Special Needs Funds, Living Funds, and General Needs Funds, which are essential for people with special needs and those who are not financially ready to inherit a property due to problems such as drug addiction or would squander their distribution. A trust can also plan for your incapacity, whereas a trust-based plan allows you to give people the power to manage your assets when you are unable to take care of yourself. Trusts can plan for these issues to ensure that a family's legacy is protected and passed on in the way that the trustmaker wishes.


Although there are many ways to protect your property, there can be levels of insurance and different types of insurance with a comprehensive policy. It could build confidence and willpower. Or it could be a combination of all of the above. Using the tools above and a combination of different strategies, a wealth preservation attorney can create a creative defense mechanism that caters for assets based on what your assets are, who you are preserving the wealth for, all so you can sleep better the night if and when you need a line of defense, you have them all lined up and ready to protect you and your property.



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