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Archive for the ‘Asset Protection’ Category

How to Protect Your Assets From a Personal Financial Crisis

Saturday, January 16th, 2010

By Jason Markum

We live in a crazy world. You never know what’s going to happen. From an unexpected health emergency, to a crazy lawsuit, to an unexpected firing from work, and 1 million other things in between; we just never know when disaster is about to strike.

But you can plan ahead of time to keep your finances safe from catastrophe, and that’s exactly what I’m going to discuss in this article today.

You may be a doctor who gets sued for malpractice, you may be a business owner who gets sued for some strange liability issue, you may get stuck with insanely large medical bills and find that your insurance policy doesn’t cover them, or you may just get fired from your job… whatever the emergency you need to be prepared before hand…

I’m going to discuss a few strategies to protect your assets from things of this nature. But these things need to be applied before trouble starts, because if you try to apply them afterwards; they will not work. So here we go…

One effective strategy is to set up a family personal holding company that lets you maintain control of your major assets but at the same time transfers ownership out of your name. To do this you form a Corporation and give yourself a majority of the stock. You give a minority interest of the stock to your family members. Next transfer your assets to the corporation as a gift. How you allocate shares is important; one example is to give 30 shares to yourself 25 shares to your spouse and 15 shares to each of your three children for a total of 100 shares of stock outstanding. This way if somebody sues you, they can only take your 30 shares, and those 30 shares constitute a minority interest in the corporation.

Another effective strategy is to create a spendthrift trust. These are good for protecting inheritances from ending up in your creditors hands. Basically you set up a trust with you as the beneficiary and somebody else for instance your spouse or maybe a close friend or even a lawyer as the trustee. The downside here is that you lose control of your assets to the trustee, but you can always remove the trustee and replace them if you want.

Another effective strategy is to simply give your assets to family members. It’s important to do this before trouble occurs though, because if you do it after trouble starts a judge is likely to nullify the gift. There are gift tax consequences to this strategy that you will need to research in advance. Talk to your CPA or tax attorney before you give any gifts to your family members.

Another effective strategy is to have a life insurance policy because cash values in a life insurance policy cannot be touched by creditors. One drawback of this strategy is that single premium annuities are not protected, which is something you want to keep in mind.

These are just a few examples of how to protect your assets from a financial crisis or emergency. Sitting down with a good financial planner that specializes in asset protection, or an attorney who specializes in financial planning and asset protection, or even just an accountant who specializes in this area is a very good idea for anyone with a substantial net worth, and I suggest you do so right away.

How To Protect Yourself From Bank Failures - What To Ask Your Banker

Tuesday, January 19th, 2010

By: Jason Markum

Bank failures! Who would ever have thought that we would be talking about bank failures? We aren’t living in the wild West or the depression era when banks routinely went out of business and depositors lost all their money! The FDIC was created to stop bank runs after all…

But then the recession of late 2008 and 2009 struck. 100 banks went out of business in 2009, and some authorities believe that number could increase in 2010. And it’s not just little banks; major banks have also gone out of business within the last year. Some of these banks get bought up by larger banks, but some of them simply fade away…

Yes, we have FDIC insurance that will pay you back all the money you lose up to a certain amount. But! It may be years before you see that money! And what happens if you have more then the FDIC minimums? I’ll tell you what happens, you’re out of luck!

So how do you make sure your bank isn’t about to go out of business? Here is a list of several questions you can ask your banker that are appropriate and not at all pushy that will give you a pretty clear indication of how financially firm and solvent you bank really is…

First, ask for your bank’s financial statement. Any bank or thrift will be able to provide you with their most current financial statement. Most of them publish them either annually or semiannually. Try to get the most current up-to-date financial statement.

When looking at the financial statement, pay special attention to the net worth of the bank and also look and see how many workouts are listed. A workout is When the bank is helping troubled companies. Also pay special attention to the amount of real estate the bank owns or has lended out.

If your bank is a publicly traded company then you can check with the SEC, the Securities and Exchange Commission, to get all of their current financial statements. Take a look at the investments that the bank has made, are they safe investments or do they seem shaky to you?

Take a look at the bank’s track record over a long period of time. What you’re looking for here is the growth rate. Has the bank grown quickly? If so this may be a warning signal since fast growth rates can be interpreted as the bank taking Too many risks.

Finally you should ask about the banks “at-risk” loans. At-risk loans are loans that have been in default for two months to four months, that is sixty to one hundred and twenty days. Obviously the more of these at risk loans your bank is carrying, the higher the risk that the bank could go out of business.

The best thing that you can do is to make sure that you keep less money in your account than the minimum FDIC payout rate. This used to be $100,000, but has been raised recently. Check with the FDIC to see what the current rate is and make sure you keep less than that in any one bank.

And be sure to keep up on current events. Most of the time newspapers like the Wall Street Journal begin to sniff around a bank if they feel it may be in trouble. Spotting warning signs early can ensure that you get your money out in time.

How to Protect Yourself With a Safe Deposit Box

Wednesday, January 20th, 2010

By: Jason Markum

Everyone should have a safe deposit box these days. People often aren’t sure exactly what to keep in the safe deposit box. In this article I’m going to discuss all the basic things you should keep and give you some pointers and tips that you need to know.

Why keep a safe deposit box? Many reasons! There could be a fire at your house, or you might get robbed. Identity theft is a growth industry and keeping all of your important documents in a safe deposit box can considerably cut down your chances of con artists stealing your important information.

And that’s not to mention valuable physical items as well such as jewelry and coins and things of this nature that you may not want to keep laying around in your house.

Most people don’t realize that safe deposit boxes are so incredibly cheap. Many times that fee can be charged directly to your checking or savings account which makes paying the fee very simple and hassle free.

So what exactly should you keep in your safety deposit box?

First lets talk about important documents… you should always keep stock certificates, mortgage papers, and title papers to real estate and automobiles and boats and campers and things like this in your safety deposit box. You also want keep copies of any contracts or legal agreements that you have signed over the years. Divorce papers or separation agreements and military discharge papers are also good documents to keep in your safe deposit box.

Also I suggest you keep basic documents on members of your family; including birth certificates for yourself and all your children and your spouse, marriage certificates especially if you’ve been in several marriages, and heaven forbid - death certificates should be placed in your safe deposit box as well.

Those are the basic documents you should keep… a lot of people also keep copies of credit cards (both front and back photocopied) and passport photocopies for yourself and all your family members. Another good idea is to keep pictures of all the major asset you own, including your house and your boats and RVs, and things of this nature. Keeping pictures of these things is important if you ever need to make an insurance claim of any kind.

Some people keep copies of tax returns for the prior 3 to 5 years in their boxes as well though I’m not so sure how important this is since your accountant will have copies as well.

Keep a copy of your will and any trust agreements in your safe deposit box but not the originals. These should be on file at your attorney’s office because if you die your attorney will need your will. Safe deposit boxes are often sealed upon death until the IRS can get in there and see what’s what. So if your will is in there it may complicate things considerably since you may not be able to get it out till the IRS gets done (and who knows how long that will take!).

Whatever you end up putting into your safe deposit box, just to make sure that you *have* one. It’s one of the most important things you may ever do.

How safe is your safe deposit box?

Wednesday, January 20th, 2010

By: Jason Markum

I’ve got a safe deposit box. I don’t know you, but I’m guessing that YOU have a safe deposit box too! At least, if you’ve got any brains in your head you do! In this day and age, with identity theft such a growth industry, it’s more important than ever to keep all your important documents in a safe deposit box.

And of course, it’s always a good idea to keep other valuables besides important documents, I’m talking about jewelry, rare coins, gold bars, diamonds, etc in a safety deposit box. Or is it?

Just how safe IS your safe deposit box? Sure, it’s in a bank….but banks get robbed all the time. Sometimes robbers go straight to the deposit boxes because they know that’s where the good stuff is. After all, it’s hard to walk out of a bank with huge bags of cash (those things are incredibly heavy!), but if they can walk out with a handful of diamonds that may be worth millions of dollars…well, you get the idea.

And you don’t just have to worry about theft…there’s always a threat of fire, flood, earthquake, alien invasion…well okay, strike that last one. But natural disasters do occur, and banks are not immune to these things.

So what can you do to make sure that your safe deposit box is…well…safe?

The most important thing you can do is to buy insurance for the contents of your box. Some banks offer a minimum level of insurance with the box (ask your banker to be sure) but this will not likely cover all the contents of your box, especially if you have high worth items.

Some people use private safety deposit box companies instead of banks. Generally speaking, these companies usually offer a little more in insurance for new depositors. Check to see with your specific box company what the general levels are.

Some things aren’t cover-able by insurance. Things like stock certificates, for instance, fall into this category. In that case, I suggest you leave your stock certificates on file with your brokerage company as they are well endowed to handle these sorts of things. Your brokerage firm has a legal obligation to safeguard your certificates that is probably more compelling than a banks safe deposit obligations.

One solution (well a SORT of solution) is to keep multiple safe deposit boxes at multiple banks in multiple towns. You don’t want to keep multiple boxes at the same bank, because if a fire hits, all the boxes will get destroyed equally.

And you don’t want to keep multiple boxes at banks that are close to each other, because if a earthquake or flood hits, chances are all the banks in your area could be hit. I suggest keeping two or three boxes in several towns, each within about an hour driving distance.

An hour is far enough away so that a natural disaster of some sort would likely miss each bank, yet not too far away that you can’t get there in an hour or so. Another solution is to open a box in the city where you usually vacation, or one in which you travel to often for business.

Keeping your safe deposit box safe is a tricky matter. However you end up solving this little dilemma, as long as you know this potential problem exists, you are already way ahead of the game. I suggest you use a combination of insurance for the high-worth items and diversification for all the others.

How To Rent Your Own Home From Your Children, And Why You Should!

Saturday, January 23rd, 2010

By Jason Markum

The estate tax recently lapsed in 2010. Congress didn’t renew it because they were too busy worrying about health care reform. That means that if you die in the year 2010, you won’t owe any estate tax. Yes, you read that right you will not own a single penny in estate tax for 2010.

But you can bet Congress isn’t going to be idle, they have the whole rest of the year to pass a new estate tax law. And with the Democratic Party running Congress at the moment, you can expect that they’re going to try everything they can to charge you as much tax on your estate as they can get away with. They’re very open about it; it’s one of their main goals after health care reform.

Now there are many different things you can do to lower your potential tax liability when it comes to estate planning. There are Trusts of a zillion different stripes that you can set up that will tailor to your specific situation. Of course you need an accountant and a lawyer who specializes in estate planning and asset protection to set these things up…

One of the easier ways to plan for your estate in order to minimize taxes is to make sure that you don’t have much by way of physical property that the government can tax when you pass away. No I’m not suggesting that you become poor, just that you plan accordingly.

One way to do this is to sell your house to your children now, and pay them rent each month. This way you get to enjoy living in your house, but you don’t own it. So when you die there’s nothing to tax.

The idea is to pay rent roughly equal to what your children will pay for a mortgage to buy the house from you. For example if your kid buys the house and takes out a loan that he or she has to pay $2,000 a month for, you would pay him $2,000 a month in rent. Where do you get the rent money? From the proceeds of the sale of your house of course. You get the idea…

There are a few things that you have to keep in mind when doing something like this. The IRS will scrutinize these sorts of arrangements very closely so you have to be careful not to get tripped up. Here are a few things to look out for…

Be sure to sell the house for its fair market value. If you sell it too cheaply, the IRS may consider it a gift to your children and apply gift tax.

Next, remember that the mortgage interest that your children pay is deductible to them, however it is taxable to you. That is to say, you can’t really deduct rent payments like you can mortgage payments… and if you’re used to deducting mortgage payments on your tax return, this may take some adjusting and getting used to varying it.

Next, realize that the rent payments that you pay your children each month are taxable income to them. That means that they will have to pay taxes on that rent.

Finally make sure you have documented all of this scrupulously. Make sure you create and sign an actual rental agreement between you and your children, and make sure that you actually pay the rent each month. And be sure to keep records of all the rental payments. The more specific documentation you keep, the more realistic the whole thing looks in the eyes of the IRS.