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Home » Tools You Can Use to Protect Your Wealth

Tools You Can Use to Protect Your Wealth

September 21, 2017Asset Protection

Indianapolis Asset Protection Attorney

An Indianapolis asset protection attorney helps you to keep money and property safe so your assets are not at risk from common sources of loss. You work too hard to build a nest egg, only to see all that you have worked to build lost due to bad luck or mismanagement. There are tools you can use to try to protect your wealth and to maximize the chances that your money and property can provide you with financial security and serve as your legacy. Frank & Kraft will help you to use the asset protection tools that are right for you.

Frank & Kraft helps with the asset protection process for people in all phases of wealth building. Whether you have substantial assets already or are working on building wealth, we will help you to identify the different ways to keep your property safe. Give us a call to find out about the ways in which we can help you and to learn about some of the asset protection tools we can help you to use.

Tools That Can Help You to Protect Your Wealth

The tools that you should use to protect your wealth are going to vary depending upon what kind of assets you own, what kinds of risk to your wealth you face, and the value of the property that you own. Some of the common asset protection tools that Frank & Kraft assists you in using include:

  • Trusts: Trusts are a versatile asset protection tool that can be used for lots of different purposes. Depending upon the kind of trust you make, you could protect trust assets from having to be spend on nursing home care in case you need this kind of care. A Medicaid asset protection trust could allow you to structure asset ownership so your wealth doesn’t count as a resource when a determination is made as to whether you should receive means-tested Medicaid benefits. Since Medicaid is usually the only third-party payer of nursing home care or long term care costs, this is important. Trusts can also protect against creditors, can keep wealth safe if you leave it to spendthrift heirs or beneficiaries and can help you to reduce estate tax.
  • Incorporation: Incorporation can help you to avoid risks to your personal wealth if you are a business owner. You can incorporate your business so it is easier to pass the company on to new owners and to ensure that you don’t face personal bankruptcy or substantial loss if the business is sued.
  • Tax-advantaged retirement accounts: Not only do IRAs and 401(k)s give you tax breaks, but these accounts are also given certain special protections, especially during bankruptcy.
  • Family limited partnerships: Family limited partnerships can be a way to protect assets from being lost due to estate tax while still maintaining control over investments or a family business during the course of your lifetime.
  • Powers of attorney: Creating a power of attorney – and creating a comprehensive incapacity plan – can help you to ensure that your wealth is protected in case of incapacity. Your assets could be at risk of being lost if you become unable to manage them and you have not given a trusted person authority to immediately begin taking care of your wealth when something happens to you. If you have no incapacity plan in place, the court could appoint someone as part of guardianship proceedings. This can take time, court proceedings can be costly, and the person who is appointed may not have the knowledge to appropriately manage the assets and keep your wealth safe.

These are just some of the many tools that Frank & Kraft can utilize to help you make certain that illness, bad luck or irresponsible heirs or beneficiaries do not lead to the loss of all you have worked for.

Getting Help from Indianapolis Asset Protection Attorneys

Indianapolis asset protection attorneys at Frank & Kraft will work closely with you to determine what kinds of risks make your wealth most vulnerable. We will help you to put in place the types of legal tools and legal protections that can reduce the risk of loss. Your plans will be personalized to your specific situation so the money and property you have worked so hard to acquire will be as safe as possible.

To learn more about asset protection tools that help you to keep wealth safe, join us for a free seminar. If you are ready to work with an experienced attorney to make a personalized plan, give us a call at 317-684-1100 or contact us online today.

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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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