Asset Protection Services
Asset Protection Review (APR)
The APR is a thorough analysis of circumstances and goals with recommendations for action. It is a good starting point if a client is uncertain about what action to take regarding a business or investment structure or defending assets. In terms of format, the APR is a dialogue between attorney and client (rather than a formal analysis or report). It is conducted entirely online, supplemented by a phone or video call if necessary. The maximum available attorney time for an APR is two hours (which may be spread over up to three business days) after which it automatically concludes. By way of explanation, this is not a three-day consultation. We allow the consultation to be spread over that period of time, up to the two-hour maximum, in order to facilitate thorough Q&A with the client.
APR fees are $650 for issues up to $600,000; $600,000 to $1.1M – $850; $1.1M to $5M – $1,500; in excess of $5M – $2,500. Litigation Review. For review and evaluation of pending or threatened litigation: Fees are $650 for issues up to $600,000; $600,000 to $1.1M – $850; $1.1M to $5M – $1,500; in excess of $5M – $2,500.
Asset Protection – Entity Structuring
Our entity-formation advice is designed to achieve an asset protection structure that minimizes liability, maximizes anonymity, deters lawsuits, and insulates assets from judgments. We are often able to simplify the way our clients do business while significantly improving their asset protection. If you would like more detail on our approach to these issues, scroll down to our library of more than fifty articles. For a visual approach, see graphics of various asset protection structures, including the classic two-company structure.
Series LLCs in Texas and Nevada
We form both traditional and series LLCs in Texas and Nevada. Inquire about our recommended two-company structure for real estate investors. Most investors do not need a more elaborate structure than this. Also, if you have an existing traditional LLC or series LLC that was formed with only a minimal filing, we can re-document it with all new, professional-level documents and bring it current and up to par. We also handle conversions to a series LLC and from member-managed to manager-managed companies.
There are a variety of ways that trusts can be used in asset protection: land trusts and anonymity trusts for real estate investors; trusts used in conjunction with anonymity LLC formation; and living trusts for the probate avoidance and estate planning.
Asset Protection – Ongoing Retainer
Clients facing a lawsuit or judgment need expert and ongoing guidance when it comes to protecting vulnerable assets and facilitating permissible transfers. We utilize the Texas Constitution, the Property Code, and Texas case law to protect the homestead, wages and salaries, retirement plans, and certain personal property from execution on a judgment. It is not uncommon for our asset protection planning to save a client tens of thousands of dollars. Our attorney is also a real estate broker and may be able to save significant commissions if property is bought or sold when implementing an asset protection plan.
“Six years ago, David guided me through implementing an asset protection plan. I was sued by two major US banks. Both got six-figure judgments but no one collected a dime. David knows real estate law and asset protection!”