Why is minimizing your lawsuit risk key to estate planning?

On Behalf of | Sep 13, 2019 | Asset Protection Planning |

When most individuals hear the terminology “asset protection,” they often think about making sure that their home, car or tangible property are well-maintained so that they retain their value across the years. Few individuals think about how a lawsuit filed against them could put their assets at risk. Protecting yourself against a potential lawsuit is a critical component of the estate planning process.

In most cases, a plaintiff doesn’t necessarily need to substantiate any claims that they make to simply file a lawsuit against someone else. Defending yourself against an allegation of impropriety can be costly. The longer that a case remains open, the apter it is to potentially harm you or your company’s reputation. It can be costly to repair such damage once it’s been done.

The money that you end up spending just litigating your case can quickly add up. If you end up losing then you may be ordered to pay a settlement. These costs could bankrupt you.

Once you assign a monetary value to the damage that a lawsuit has done to your reputation and total up the fees associated with repairing it; you may easily find yourself bankrupt. This may leave you with nothing to will over to your heirs.

The best step that you can take to protect your estate’s assets is to form a business entity such as a limited liability company or limited partnership. You may also find it helpful to set up a private retirement plan or trust. The biggest advantage to setting up any of these is that you can remain in control over your assets while also protecting them from judgments.

These different options can also help reduce your tax obligation that your executor has to pay on your behalf once you die. This could result in more money and assets ending up in the hands of your heirs.

If you’re thinking about getting your final affairs in order and you’re looking to understand how to best protect the value of what you own, then an attorney in Bridgewater can help. They can advise you of the different options that you can pursue here in New Jersey and beyond.

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