In my last article, I (hopefully) explained how incorporating may not provide the liability protection people expect. In this one, I will explore some of the steps we can take to keep family assets safe, most of which don’t involve forming a company.
(a) Planning Ahead
The key factor in any of the steps mentioned in this article is when you take action; if you only start planning to secure your assets after the wolves are already sniffing at your door, then it is likely too late. Our legal system has some scary sounding terms like “fraudulent conveyance” and “fraudulent preference.” These terms apply to transactions like gifting or transferring assets to a family member for less than market value or paying out certain creditors and stiffing others. If a court determines that you have taken steps to thwart those aforementioned creditors after you are already insolvent or have…
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