Asset Protection Services
Asset Protection Review (APR)
An asset protection review (APR) is a good place to begin if one is uncertain about what action to take regarding a business or investment structure or defending assets in Texas. The APR is a thorough analysis of circumstances and goals with practical recommendations for client action. We utilize the Texas Constitution, the Property Code, and Texas case law to help protect the homestead, wages and salaries, retirement plans, and certain personal property from execution on a judgment.
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 phone or video call if necessary. The maximum available attorney time is two hours (which may be spread over up to three business days) after which the APR 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.
Asset Protection – Ongoing Retainer
Clients facing a lawsuit or judgment may need expert ongoing guidance (beyond the limited time of the APR) when it comes to protecting vulnerable assets and facilitating permissible transfers. Having the ability to ask questions of your asset protection attorney as the litigation process unfolds can be invaluable. It is not uncommon for our asset protection guidance to save a client tens of thousands of dollars. Asset protection retainers are available 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.
Asset Protection – Entity Structuring
Our goal as a Texas asset protection attorney is to design an entity 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 these issues, view our library of more than fifty articles. For a visual approach, see graphics of various asset protection structures, including the classic two-company structure.
We form traditional LLCs and Series LLCs in Texas and Nevada
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 classic set-up. Also, 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 all new, professional-level documents that will bring the company current and up to par with the latest in Texas asset protection law (this is our “LLC re-doc” option). We also handle conversions to a Texas series LLC and conversions from member-managed LLCs to manager-managed companies.
Trusts in Asset Protection
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: Texas land trusts and anonymity trusts for real estate investors; trusts used in conjunction with anonymity LLCs; and living trusts for probate avoidance and estate planning.
Combined Lawyer-Broker Services
Our attorney is also a Texas real estate broker and may be able to save significant commissions if property is bought or sold when implementing an asset protection plan. For this to work, we must be engaged before the contract is signed.
Transmission of Supporting Documentation
After retaining us, please send copies of supporting documents by email or fax to (832) 201-5327. We do not open a file or save attachments until payment is made, so please wait until after you have retained us to send documents and attachments as there will be no file to put them in. Please supply only documents that are directly relevant to your legal issues.
We do not offer consultations or any other legal services by text. Texting may be suitable for quick personal communications, but sentence fragments and one-liners are insufficient for professional discussions of complex asset protection matters. A keyboard device is required.
No Tax, Bookkeeping, or Accounting Advice
Our asset protection counsel does not include tax, accounting, or bookkeeping advice. We are not tax advisors, nor do we have a CPA on staff. All clients are encouraged to consult a qualified CPA and/or investment advisor as part of the client’s professional team in order to be fully informed on the tax and financial implications of a proposed asset protection structure.
We transparently post a comprehensive schedule of services and fees. Advance payment is required. There are a variety of available payment options including credit/debit and Paypal, as well as wire transfer and direct deposit to our operating account at Wells Fargo.
If you would like a no-obligation statement prior to making payment, we will gladly provide one. Files go into our queue in the order in which payment is made.
Please complete our brief Client Inquiry Form. Our initial response to your inquiry will be preliminary and general in nature and not a formal legal opinion or consultation.
No appointment is necessary to begin the consultation process. We can begin promptly after receiving basic facts, background documents, and payment from the client.
We hope the foregoing information has been helpful. Thank you for your interest in our law firm. We look forward to being of assistance to you.
“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!”