| Given the individuality of risk exposure, family dynamics,
and values, consulting and planning strategies are custom tailored for each
client.
Typically, an exploratory consultation with a Wealth Preservation Group
member identifies priorities and determines if and how the group may be
useful. The Private Client Consultant reviews client objectives and
preferences with the Advisory Members to draft written recommendations for
the client's consideration summarizing the areas of concern, a brief
explanation of what each strategy is expected to accomplish, related costs
and time to implement. If selected techniques call for preparation of legal
documents, the client may use WPG attorneys or lawyers of their own
choosing.
Asset Insulation Levels
The chief objective of asset insulation planning is to deter asset
attachment by claimants and maintain family privacy. Since the incentive to
bring suit is generally motivated by financial gain, minimization or
possibly elimination of such incentive may make negotiating a favorable
settlement more likely for the asset owner. Most well designed asset
insulation programs will also contain characteristics aimed at reducing or
eliminating estate taxation. It is advisable to coordinate estate planning
objectives with asset insulation techniques while maintaining control and
providing for those we care about most. Well crafted programs are
economical, easy to understand and live with. The programs offered are not
an attempt to “hide assets” but rather utilization of laws most favorable to
substantial asset owners. Asset insulation as provided by WPG advisers is
not suitable for families intending to defraud creditors, authorities or
evade legitimate responsibilities. Insulation techniques are generally
ineffectual when claims pre-exist planning inception.
Good program: $5,000 to $7,500
This base level planning involves creating entities (legal containers) to
hold major assets while maintaining control. State laws are written to
disallow direct attachment to assets held in these sorts of containers. With
the exception of fraud and the most adamant of “results oriented” judges,
this technique is quite adequate for most families.
Better program: $12,000 to $15,000
Same entities are employed as stated in the good program, however the
majority of the equity interest of the entity is held by a self settled
domestic trust (U.S. based) for the owner’s benefit. This extra layer of
protection renders the underlying assets more difficult to attach judgment.
Best available: $25,000 and up
Since it is difficult at best to predict the outcome of any civil trial,
this strategy involves using a non United States trust (offshore) to hold
the entity equity interest. Foreign jurisdictions are not required to
recognize United States internal laws or judgments. The combination of
impediments makes it difficult to impossible for opportunist litigants to
prevail.
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