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Home » Divorcing? Protect Your Assets

Divorcing? Protect Your Assets

May 24, 2010Asset Protection, Estate Planning, Financial Planning

Divorce is one of the most painful, disruptive life experiences you can have. Given the emotional stress and turmoil that goes along with many divorces, dealing with financial details may be the last thing you want to tackle. Paying attention to the details, however, can mean the difference between making a new start and having your past haunt you far into your future.

Besides finding a good divorce attorney, you’ll also want to enlist the help of a financial advisor and estate planning attorney. These professionals may be able to see your situation more clearly than you can, and they’ll help you to look out for your own interests. They also will have enough experience to warn you of pitfalls you might not even know you’ll be facing.

Next, you’ll want to take stock of your financial situation. It’s important to know what you and your spouse are working with, so that you can reach a fair and equitable division of your assets and debts. This is especially important for you to do if you have not been the one in charge of the money during your marriage. Find out exactly what property you each own, including retirement accounts and investments. Also find out what you owe – including mortgage debt, credit card debt, and loan balances. To help with this, you can request copies of your credit report from all three credit reporting agencies. These reports will list your accounts and the payment history for each.

Once you know what your financial picture looks like, it’s time to start separating your accounts (after consulting with your attorney, of course). You’ll want to close joint checking and savings accounts, and you and your spouse will want to open individual accounts. The same is true for any joint credit accounts – close your joint accounts and decide what to do with your joint debt. You may even want to consider transferring existing debt to your new account and paying it off yourself. This is because missed or late payments on a joint account will hurt the credit of both account holders, regardless of who is responsible for making the payments.

You’ll want to consider the tax implications of your financial decisions – selling property or investments can result in capital gains or losses, and moving money from one retirement account to another can also trigger tax consequences. You’ll want to work with your attorney and/or your financial planner to make sure you don’t end up with unintended tax bills.

Once the divorce is final, check your credit reports once more to make sure that the actions you took as part of the divorce were accurately reported. You may want to meet with a financial advisor to make a plan for your new, individual financial goals. If you take precautions to protect your finances during your divorce, you should have a solid foundation to build on.

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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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