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 the asset protection 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.
We are an email-oriented office, so our online asset protection consultations begin with an email back-and-forth dialogue between attorney and client. Our attorney’s objective is to first gather basic facts and documents, after which he can offer a legal opinion, answer questions, and advise on suggested options. This process has proven very popular with clients, because it is unrushed and the client has a written email record of the legal advice given.
Availability and Response Time
We are generally available on business days during normal office hours (Monday through Friday, 8-5 CST). Our response time is usually one to two business days from the time we receive all necessary information and payment from the client – but it can be sooner depending on our backlog.
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.
Supporting and Background 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.
No Tax, Bookkeeping, or Accounting Advice
Our asset protection counsel does not include tax or accounting advice. We are not tax advisors, nor do we have a CPA on staff. All clients are encouraged to consult a qualified CPA as part of the client’s professional team in order to be fully informed on the tax and accounting implications of a proposed asset protection structure.
Please complete our Client Inquiry Form. No appointment is necessary to begin the process. Our initial response will be preliminary and general in nature and not a formal legal opinion. You will then have the option of proceeding with paid legal services if you wish.
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!”