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What Assets Are Protected In A Lawsuit In Texas

Protect Assets From Lawsuit In TX

Asset protection is all about protecting your assets from collection actions from predators and creditors. You can protect both exempt and non-exempt assets legally so that your heirs can benefit from them. Many people have had to watch their estates getting decimated by lawsuits, bankruptcy, and divorces and had no power to do anything about it.

Talk to an estate planning lawyer to show you how to protect the wealth that you have worked through a lifetime to create and can answer your questions regarding Texas asset protection.

What Assets Can You Protect?

Is IRA Protected From Lawsuit In Texas

Exempt assets are assets that the law already protects from creditors.  These include:

  • Retirement accounts
  • College savings accounts
  • Your homestead
  • Some person property
  • Life insurance and annuities

You can choose state and federal exemptions in bankruptcy and can also convert some non-exempt assets into exempt assets. But you can also protect non-exempt assets or assets that the law does not protect already. You can do this through on-shore and Offshore irrevocable trusts and Limited liability companies. However, asset planning after someone files a claim against you is not encouraged.

Limited Liability Strategy

What Assets Can Be Taken In A Lawsuit

Texas Asset ProtectionThe most popular business entity that entrepreneurs choose is sole proprietorship instead of a Corporation or a Limited Liability Company.  While a sole proprietorship gives you a sense of informality and is cheaper to set up, it does not protect your personal assets from claims from creditors or bankruptcy.

Any lawsuit brought against a sole proprietorship puts the owner’s personal assets at risk. But with a Limited Liability Company, the owner is not personally liable for a lawsuit filed against the business. Creditors of the business can only take the assets of the business and not the money or personal property of the business owner.

Off-shore And Onshore Irrevocable Trusts

How Can I Protect My Assets From A Civil Lawsuit In TX

You can set up an offshore irrevocable trust to hold assets for your heirs. Once you create this trust none of the terms can be changed and you must fund the trust.  They are often set up outside the United States.

Onshore irrevocable trust just works in a similar way to offshore ones but the only difference is that they are based on US soil.

Protecting Assets From Spendthrift Children

Texas IRA Protection

Protecting assets from taxation or creditors is a smart strategy but many people don’t think about protecting their assets from spendthrift children. Trusts are a great way to protect your assets from spendthrift children because after you die, ownership of the assets you leave behind is held by the trust.

Only the trustee can manage the assets and funds in the trust, not your spendthrift children. This means that your spendthrift child will not be able to sell everything you worked hard for. Choosing a trustee that is mature and knows how to manage estates is important if you want to protect your assets without removing your child from your Will.

How An Estate Planning Attorney Can Help

What Assets Are Exempt From Lawsuit

Estate planning lawyers can help you utilize various legal tools to protect and preserve your assets.  These lawyers can help you prevent probate fees, estate taxes, lawsuits, and other liabilities from substantially reducing the value of your assets.  Your lawyer will listen to your needs and goals in order to create a strategy to legally minimize the taxes you have to pay.