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Estate Planning

Comprehensive Asset Protection Strategies: Safeguarding Wealth for the Elderly and Beyond

November 7, 2024 | By
property ownership dispute attorney

Asset protection is a crucial aspect of financial planning, especially for individuals with substantial holdings, those in high-liability professions, and elderly individuals aiming to preserve their legacy. Effective asset protection involves structuring asset ownership to shield it from potential creditors, ensure financial security, and maintain wealth across generations. This comprehensive guide synthesizes key insights from experts, including a recent webinar led by Jacob Stein, Esq., managing partner at Aliant, LLP, to provide practical strategies for safeguarding assets through legal means.

Understanding Asset Protection

Asset protection is about creating legal structures that make it costly, uncertain, and time-consuming for creditors to access your assets. Contrary to common misconceptions, legitimate asset protection does not involve hiding assets or evading taxes but rather organizing ownership to minimize vulnerability to financial claims while adhering

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Posted In: Blog, Estate Planning

Understanding Transfer on Death Deeds

July 18, 2024 | By

The purpose of this article is to explain what a Transfer on Death (TOD) Deed is. TOD Deeds are designed to help people, especially the elderly, transfer their residential property more easily and at a lower cost. These deeds allow property transfer without the need for a will or living trust, which would typically require going through probate.

Before January 2016, the only ways to transfer property after the owner’s death were through joint tenancy with right of survivorship, probate, or a trust transfer deed. The laws establishing TOD Deeds were initially set to expire in 2021 but have been extended to 2032.

What is a Transfer on Death Deed?

A TOD Deed allows the property owner (grantor) to transfer their property by filling out and notarizing a form. This …

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Posted In: Blog, Estate Planning, Real Estate Transactions

Safeguard Your California Property: Trust Transfers and the Due-on-Sale Clause

April 5, 2024 | By

When managing or planning your estate, you might consider transferring your property into a trust. It’s a strategic move to ensure your assets are handled according to your wishes without the complexities of probate. However, if you have a mortgage on your property, the idea of transferring it to a trust can raise concerns about the due-on-sale clause. This clause allows lenders to demand full repayment of the loan if the property is sold or transferred. Fortunately, for California homeowners, there’s a protective measure in federal law that offers peace of mind: the Garn-St. Germain Act.

Under 12 U.S. Code § 1701j–3, the Garn-St. Germain Act outlines specific transactions that do not trigger the due-on-sale clause. A standout exemption is particularly relevant for homeowners looking to secure their estate planning

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Posted In: Blog, Estate Planning