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Home » 3 Situations When You Need to Talk with Indianapolis Asset Protection Planning Lawyers

3 Situations When You Need to Talk with Indianapolis Asset Protection Planning Lawyers

January 23, 2018Asset Protection

Indianapolis Asset Protection Planning

Indianapolis asset protection planning lawyers can help you to make plans to keep your wealth safe and secure. It’s important for you to consider the biggest risks to your wealth and the potential threat that your assets could be lost either during the course of your lifetime or after your death. Often, you will need to take steps in advance to keep your wealth safe if you want to have financial security as you age and if you want to leave a legacy for the people who you love.

Frank & Kraft will work closely with you to determine if you need an asset protection plan and will help you to determine what legal tools should make up your asset protection plan based on a personalized risk assessment. We can help clients at all phases of wealth creation and we have the experience necessary to help you carry out your plans and make the legal documents that you need to protect your money and property as much as is possible. You should give us a call today because you never know when something could happen to cause you to experience substantial financial loss.

While almost anyone who has built any wealth should strongly consider talking with Indianapolis asset protection planning lawyers, there are certain circumstances where taking steps to protect your assets can become especially important. Three key situations when you definitely need to talk with attorneys about making your asset protection plan include the following.

When you Are Getting Older

As you get older, the chances that you will become incapacitated increase. If you become incapacitated, your assets could be at risk if there’s no trusted person to immediately begin to manage your wealth. If you don’t have advanced plans in place in case of incapacity, you could experience losses as your loved ones pursue guardianship proceedings to have a guardian or conservator appointed to manage your wealth. The court will appoint a person it believes is appropriate to manage your assets, but if this person isn’t up to the task, assets could still be in jeopardy.  Your asset protection plan should include an incapacity plan so a trusted, responsible person takes over the management and protection of wealth as soon as something happens to you.

The chances you will need nursing home care also rise as you get older, and you could find your entire nest egg gone if you’re forced to pay for nursing home care or long-term care out of your own pocket. Since most insurance and Medicare won’t pay for long-term care or nursing home care, you could easily be put in a position where you have to pay privately unless you have made plans to protect your wealth and get means-tested Medicaid benefits to pay for nursing home care.

When You May Owe Estate Tax

If you are above the federal threshold for having your estate taxed, you need to make sure you talk with an asset protection lawyer as soon as possible. Estate tax is paid by your estate after you pass away and is calculated on the basis of all of the assets that are part of your estate. If your estate must pay a substantial amount of tax to the government upon your death, your heirs or beneficiaries will receive a far smaller inheritance.

In certain circumstances, such as if you have a business or own farmland, your wealth may be tied up and there may be few liquid assets actually available to pay the taxes that are due. When this happens, your loved ones may have no choice but to either facilitate the sale of estate assets to generate money to pay the tax or to take a loan out to pay the estate taxes that are due. You want to avoid any of these undesirable outcomes so you should work with an Indianapolis asset protection planning lawyer to try to reduce the estate tax due or to try to avoid having to pay estate taxes after your death.

If you Own Your Own Business

If you own your own company, there are a few risks to your wealth. First, depending upon how your business is structured, a lawsuit against the company or the business going into debt could have a detrimental impact on your personal financial security. If you’re a sole proprietor, for example, you and your company are the same legal entity so if your company is in debt, you are personally in debt and could potentially lose everything. You need to make plans to keep your wealth safe in case of businesses losses.

You also need to make plans to keep your company safe in case of your incapacity or death, since your business is a valuable asset that should serve as a key part of your legacy.

Getting Help from an Indianapolis Asset Protection Planning Lawyer

To find out more about how an Indianapolis asset protection planning lawyer can help you to keep all of your money, property and assets as safe as possible, join us for a free seminar. You can also give us a call at 317-684-1100 or contact us online today to get personalized assistance protecting your assets.

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Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.Read More!
Paul A. Kraft, Estate Planning Attorney
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If you have children, your estate plan likely designates some or all your assets to be passed on to them in the event of your demise. This arrangement is intended to secure the familial continuity of the assets you've accrued over your lifetime. While that is certainly a lofty and admirable goal, have you considered the possibility that your adult child's spouse might end up with the assets intended for your child? To better explain, the Indianapolis attorneys at Frank & Kraft discuss how to safeguard your assets from being inherited by your child’s spouse. Potential Scenarios of Asset Transfer to Your Child's Spouse You may be excited to welcome your son or daughter-in-law into the family after you find out that a wedding is in the future. Even if you approve wholeheartedly of your child's chosen life partner, it doesn't necessarily mean you desire them to inherit the assets designated for your child. Marriage complicates matters regarding asset and property ownership. For instance, envision having an estate valued at $1 million and passing it down to your married son upon your demise, anticipating that the assets will eventually be passed on to your grandchildren. If your son undergoes a divorce, some or all the estate may be considered marital property subject to division. Additionally, if your son bequeaths his entire estate to his spouse in his Will, she could inherit the entire estate in the event of his death. In both scenarios, there's no assurance that your grandchildren will ultimately receive the estate assets. Utilizing a bloodline trust can be a strategy to address this concern. The Role of a Trust in Asset Protection A trust establishes a legal relationship where assets originally owned by one party are held by a Trustee for the benefit of a third party or parties. Created by a Settlor (also known as a Maker or Grantor), a trust involves the transfer of property to a Trustee appointed by the Settlor. Trusts are classified as either testamentary or living trusts. A testamentary trust comes into effect upon the Settlor's death, activated through a provision in the Settlor's Will. Conversely, a living trust takes effect once all legalities are in place and is administered during the Settlor's life, potentially continuing after their demise. A bloodline trust, a type of revocable trust, specifically ensures that assets remain within your bloodline. Establishing a Bloodline Trust for Asset Protection Upon creation, a bloodline trust can be funded with the assets and property intended for your child(ren). Upon your passing, the trust becomes irrevocable, safeguarding the assets from creditor access to satisfy debts. If your child faces a divorce, the trust's assets are considered separate property and are not subject to division. Upon the passing of the original beneficiaries (your children), any remaining trust assets are distributed to your grandchildren or other blood descendants. In summary, a bloodline trust guarantees that your child's spouse does not inherit your assets, ensuring that the assets remain within the family. Do You Questions about How to Safeguard Assets? For more information, please join us for an upcoming FREE seminar. If you have additions questions or concerns about the best way to safeguard your assets from being inherited by your child’s spouse, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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