Entity-Structuring for Asset Protection
A major part of our practice is devoted to LLC formation and designing entity structures that minimize liability, enhance anonymity, deter lawsuits, and insulate 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 these issues, view our library of more than fifty articles. For a visual approach, see graphics of various asset protection structures.
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. If you have an existing traditional LLC or series LLC that was formed with only a minimal, one-pager-type filing, we can fully re-document it with new, professional-grade documents that bring the company current and up to par with the latest in Texas asset protection law.
We also handle conversions to a Texas series LLC and conversions from member-managed LLCs to manager-managed companies.
We also maintain an inventory of established shelf companies for immediate shipment.
Role of Trusts
While trusts do not have a liability barrier as do LLCs, there are a variety of ways that trusts can be used in asset protection including land trusts and anonymity trusts for real estate investors.
Trusts may also be used in conjunction with an LLC as part of an entity structure. And while not (strictly speaking) an asset protection device, living trusts for the homestead are an excellent means of avoiding probate as part of an overall estate plan.
Asset Protection Retainer
There are times when expert ongoing advice is called for, beyond the scope of an initial consultation. Clients facing a lawsuit or judgment may need continuing expert counsel when it comes to protecting vulnerable assets and facilitating permissible transfers.
Having your asset protection attorney on retainer as litigation or the judgment-execution process unfolds can be invaluable. It is not uncommon for our asset protection guidance to save a client tens or even hundreds of thousands of dollars. Asset protection retainers are available at a flat fee for 30, 60, or 90 day terms. Inquire.
Note that an asset protection retainer arrangement assumes that the client also has a litigation attorney available to handle the mechanics of the legal case. For a variety of good reasons, one’s asset protection attorney should not be the same person as one’s litigation attorney.