6 Asset Protection Mistakes To Avoid

Posted on: 15 March 2023


There are many misconceptions and mistakes that can lead to costly consequences when it comes to asset protection. As a consumer interested in safeguarding your wealth, it's important to be aware of these common mistakes to avoid them. To this end, here are some common asset protection mistakes and relevant advice for protecting your assets:

Mistake #1: Failing to Plan Ahead

One of the biggest mistakes people make regarding asset protection is failing to plan. Asset protection should be an ongoing process that begins long before any potential legal issues arise. Waiting until a lawsuit is filed or a creditor comes knocking can limit your options and make it more challenging to protect your assets.

Start planning for asset protection early on. Consult a local asset protection attorney to develop a comprehensive strategy that fits your needs.

Mistake #2: Mixing Personal and Business Assets

Mixing personal and business assets is a common mistake that can leave both vulnerable to legal actions. Keeping personal and business assets separate is essential to avoid potential liability issues.

Create a legal separation between your personal and business assets, such as forming a Limited Liability Company (LLC) or Corporation for your business.

Mistake #3: Relying Too Much on Insurance

While insurance can provide some protection, it's not always enough to safeguard your assets. Insurance policies have limitations and exclusions that may not cover specific legal actions or damages.

Consider additional asset protection strategies, such as trusts or LLCs, to provide extra layers of protection beyond insurance.

Mistake #4: Transferring Assets Improperly

Transferring assets to family members or other individuals without proper planning and documentation can lead to legal complications. Improper asset transfers can be seen as fraudulent conveyances and may not hold up in court.

Work with an experienced asset protection attorney to properly transfer your assets and avoid legal issues.

Mistake #5: Failing to Update Your Asset Protection Plan

Your asset protection plan should be reviewed and updated regularly to reflect changes in your financial situation, laws, and regulations. Failing to update your plan can leave you vulnerable to legal action and limit your options for protecting your assets.

Review your asset protection plan with your attorney annually to ensure it remains up-to-date and effective.

Mistake #6: Not Taking Asset Protection Seriously

Perhaps the biggest mistake you can make regarding asset protection is not taking it seriously enough. Asset protection is a complex and ever-changing law area requiring careful planning and attention.

Educate yourself on asset protection and work with an experienced attorney to develop a comprehensive plan to protect your wealth.