Aeizona Asset Protection is the preserving of your physical and financial property against creditor judgments, negligence lawsuits, and divorcing spouses in the State of Arizona. Through Declared Assets Estate Planning you can provide this protection for you, your spouse and your children. Also you have many rights that aren't mentioned, But are your rights under Arizona Revised Statues.
A.R.S. 29-329 clearly sets out the pounts that we want to take notes from. As Arizona law is the same as many other States. Your Trust must be setup under Arizona Law properly.
Whether you are facing foreclosures or some other type of devastation in your life. Arizona Asset Protection maybe in your reach. With Forclosures on the rise, you need some peice of mind right away. There is nothing illegal, wrongful or unethical about protecting your assets from potential creditors. It is natural to want to protect what you have.
Assets can be property, goods, a business or money you have saved or inherited. The term refers to anything of worth that you have and that someone else may try to take from you, whether it is in the form of a tax lien for unpaid taxes or the settlement of a lawsuit.
Protecting your assets offers you protection during your lifetime. A creditor cannot place a lien on property that is exempt. This will ensure you have a place to live and funds for your retirement years. Asset protection can also shelter the inheritance of your spouse and children from your debts and from their debts. As long as an item remains exempt, it cannot be taken by a creditor, or for a lawsuit or divorcing spouse of an heir.
With asset protection you can make sure your loved ones will continue to have a home to live in and funds for their daily needs after you have passed away.
In particular, it is quite common for people to protect their assets by using some sort of instrument to shield their assets. For example, a savvy real estate investors will purchase property through a limited liability entity, such as a LLC or a corporation. Thereby the Arizona real estate investor's liability, subject to a few exceptions, is limited to the company's Arizona assets regardless of whether a judgment, fine or levy against the company exceeds the value of the company's assets.
However, the problem of asset protection in terms of a trust arises when people write their own trust for their own benefit, a "assets protection self-settled trust." In short, creditors can reach the assets of a self-settled trust. So if you thought that allocating your assets into your revocable trust would shield such assets from creditors you are incorrect.
The key then to Arizona asset protection is to recognize the correct medium for effectuating this goal. Consequently, a State of Arizona self-settled trust will never work whereas a corporation or Arizona LLC will, if drafted and operated correctly.
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