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Home » What Is a Limited Liability Company?

What Is a Limited Liability Company?

February 10, 2015Asset Protection

What Is a Limited Liability Company?

When you are the owner of a business or a professional practice, you may be concerned about litigation.  You can limit your exposure if you implement the appropriate asset protection strategies.  One asset protection structure that is frequently utilized by small business owners is the limited liability company or LLC.

If you create a limited liability company, the business property would be separate from your personal property.  As a result, if the business was targeted by litigants, your personal property like your home, your bank accounts, etc. could not be attached.

This is one of the benefits that you gain when you create a limited liability company.  Another is the fact that you enjoy what is called “pass through” taxation.  You could claim your profits or losses on your personal income tax return as a self-employed individual.

Fraudulent Conveyances

A limited liability company can be a very useful asset protection structure if it is properly created at the right time, but you should definitely steer clear of fraudulent conveyances.

You cannot suddenly create a limited liability company after you find out that you are being targeted by a litigant seeking redress.  This would be looked upon as a fraudulent transfer or fraudulent conveyance, and this type of reactive transfer is illegal.

Learn More About Limited Liability Companies

We have prepared an in-depth report that will provide you with more comprehensive information about the value of limited liability companies.  The report is free, and you can visit this page to gain access to your copy: Free Report on Limited Liability Companies.

Asset Protection

A limited liability company may be a good choice for you if you are a business owner who is looking for asset protection.  However, there are other options that are available to you, and the optimal choice will depend upon the circumstances.

In addition to the report that covers limited liability companies, we have another special report that takes a broader look at a wide range of asset protection strategies.

This report is also available to our readers on a complimentary basis, and you can click this link to obtain access: Asset Protection Report.

Schedule a Free Consultation

The information that we offer through our website is going to help you expand on your knowledge, and we encourage you to download our free reports.

At the same time, there is no substitute for a one-on-one discussion with a licensed professional.

If you have questions about the asset protection strategies that are available to you, we can answer your questions and help you take steps to keep your resources out of harm’s way.

We offer free consultations, and you can send us a message through our contact page to set up an appointment: Indianapolis IN Asset Protection Attorneys.

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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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