Asset Protection Attorneys

Asset protection is about safeguarding what you have worked hard to build. Whether you are an individual, a family, or a business owner, the assets you accumulate over a lifetime can be vulnerable to lawsuits, creditors, divorce, or unforeseen health events. Many people mistakenly believe asset protection is only for the ultra-wealthy, but in reality, anyone with a home, savings, or business interests can benefit from sound legal planning. To start the conversation today, book a call online, call us at 978-767-8540, or email us.

Asset protection refers to the legal strategies used to guard assets against claims of creditors, lawsuits, or other liabilities. It is about putting a shield around your property before threats arise. Proper planning ensures your assets are positioned in a way that legally minimizes exposure while maintaining compliance with the law. Timing is crucial. Once a lawsuit or creditor issue has arisen, your options become limited.

Common Threats to Your Assets

Everyday life carries risks that can jeopardize your financial security. Common threats include:

  • Lawsuits

    Personal injury claims, business disputes, or malpractice lawsuits.

  • Creditors

    Debts from personal loans, business obligations, or guarantees.

  • Divorce

    Division of assets during a marital dissolution.

  • Long-Term Care and Medical Expenses

    The high cost of nursing home care can quickly erode a lifetime of savings.

  • Business Risks

    Entrepreneurs and business owners face unique exposures from business debts and operational risks.

Key Legal Tools for Asset Protection

At Silveri + Wilson, we utilize a range of estate planning documents and strategies tailored to your situation:

  • Revocable Living Trusts

    A Revocable Living Trust is a cornerstone of many estate plans, allowing you to manage assets during your lifetime and avoid probate. However, because you retain control, it generally does not shield assets from creditors or lawsuits. It is best used for probate avoidance, privacy, and providing sound asset protection for your beneficiaries when desired.

  • Irrevocable Life Insurance Trusts

    An Irrevocable Trust offers far stronger protection for the trust creator. Once assets are transferred to the trust, you no longer legally own them. Done properly, this means creditors cannot easily reach them. Examples include Medicaid Asset Protection Trusts, Irrevocable Life Insurance Trusts (ILITs) and Spousal Lifetime Access Trusts (SLATs).

  • Limited Liability Companies (LLCs)

    Using an LLC can separate your personal assets from business liabilities. When properly structured, an LLC shields your personal wealth from business debts or lawsuits against the company.

  • Homestead Exemptions

    In Massachusetts, you can declare a Homestead Exemption that protects a portion of the equity in your primary residence from creditors. Filing a Declaration of Homestead can be a simple but powerful protection.

  • Gifting Strategies

    Strategically gifting assets can reduce your estate’s vulnerability, provided it is done well in advance of any creditor issues. Lifetime gifting strategies must be coordinated carefully to avoid tax pitfalls.

Asset Protection in the Context of Estate Planning

Asset protection does not stand alone; it should be part of a broader, integrated estate plan. At Silveri + Wilson, we ensure your Will, Revocable Living Trust, Irrevocable Trust, Power of Attorney (which designates someone to manage your financial affairs if you’re unable to do so), Health Care Proxy (which designates someone to make medical decisions on your behalf if you’re incapacitated), and other essential documents are drafted in a way that works together seamlessly. Effective asset protection ensures your estate plan not only passes assets efficiently but also preserves them against avoidable loss.

When to Start Asset Protection Planning

The best time to start is now. Asset protection is most effective when done proactively, empowering you to take control of your financial future. If you wait until after a legal threat arises, many tools become unavailable due to fraudulent transfer laws. Starting early allows you to maximize your legal options and build a strong foundation.

Start Your Estate Plan Today

At Silveri + Wilson, we understand that every client’s situation is unique. We craft customized, legally compliant asset protection strategies that align with your broader estate planning goals, such as ensuring your loved ones are provided for, minimizing tax liabilities, and preserving your wealth for future generations. Protecting your legacy starts with a conversation. To start the conversation today, book a call online, call us at 978-767-8540, or email us.

Related Articles

Begin your Estate Plan today. Call (978) 767-8540, email us, or schedule online.
Begin your Estate Plan today.
Call (978) 767-8540 or email us.