ASSET PROTECTION PLANNING*

The firm practices in the area of asset protection planning, including client evaluation, plan design and implementation. Chris Riser and Jay Adkisson are the authors of the best selling "Asset Protection: Concepts and Strategies" (McGraw-Hill 2004). Chris Riser is currently the Chairman of the American Bar Association's Asset Protection Planning Committee.

 

Asset Protection Book Visit http://assetprotectionbook.com which is the largest, most comprehensive and widely-acclaimed asset protection website featuring literally thousands of pages of information, statutes and court opinions on many creditor-debtor issues.

The firm's asset protection planning services can include in a given matter:

  • Client de-briefing and creation of inventory of assets and liabilities

  • Review of any planning suggested or implemented by other advisors

  • Development of a comprehensive or asset-specific asset protection plan

  • Implementation of asset protection plan

  • Periodic review of plan and structures to ensure conformance with changes to client's assets or changes in the law

Techniques that may be used by the firm in implementing asset protection planning include:

  • Trusts

    • Third-Party Settled Trusts

    • Beneficiary-Taxed Trusts

  • Corporations

  • Partnerships and Limited Liability Entities

    • Limited Partnerships including so-called Family Limited Partnerships

    • Limited Liability Companies and Series Limited Liability Companies

  • Advanced Asset Transfers

    • Advanced Installment Notes

    • Structured Financial Products

    • Private Annuities

    • Accounts Receivable Financing

  • Captive Insurance

Asset protection planning and implementation services are typically performed by the firm on an agreed flat-fee basis. Blended asset protection and advanced estate/succession plans implemented by the firm are rarely less than $15,000 and may be considerably more depending on the number and value of the assets transferred and other factors. A typical fee for a client having $10 million in personal assets would be in the $25,000 to $35,000 range.

The firm's typical asset protection planning engagement first involves the creation of a comprehensive asset protection and estate/succession plan design for $10,000 with up to 1/2 of that fee applied to plan implementation should the client resolve to go forward with all or a substantial part of the firm's recommendations.

Prospective clients with existing claims should expect planning fees that are at least double those of ordinary asset protection planning fees due to the substantial extra work that is typically required.


The all-time asset protection bestseller is available from:

Amazon.com


BarnesandNoble.com

For more information on:

Assisting Other Firms

The firm assists other firms in designing and implementing asset protection plans for their clients. The firm has ongoing relationships with certain other firms to be on-call to provide asset protection planning services, advise and counsel to those firms' clients.

 

  Selected Strategies 
 
BETIR Trust   Beneficiary-Taxed Irrevocable Trust (BETIR Trust)
Probably the strongest estate planning and asset protection trust so far created, which may be created in any state.
     
Captive Insurance Companies   Closely-Held Insurance Company (CHIC)
a variation of a Captive Insurance Company
Nearly all major corporations now have captive insurance companies, and they are now being utilized by smaller businesses. The CHIC is a variant of the captive that has been designed to provide unique estate planning advantages.
     
Modular Asset Protection   Modular Asset Protection Plan (MAP Plan)
This is a system for asset protection that allows the creation of new entities with minimal additional planning, while keeping new entities away from creditors and outside the business owner's estate.
     
Series LLC   Series Limited Liability Company (Series LLC)
Several states now recognized the "Series LLC" that allows for internal containment of liabilities within cells. This new form of entity is perfect for venture capital funds, facilitate mergers & acquisitions, and other advanced planning needs.
     
Xtreme LLC   Xtreme Limited Liability Company (Xtreme LLC)
The most advanced business planning tool yet created, solves asset protection and estate planning solutions in an unusual fashion.
     
BICOCO Billing & Collection Company   Billing & Collection Company (BICOCO)
Protects accounts receivables and revenue sources without requiring the purchase of a life insurance product or an annuity, and also provides unique estate planning advantages.
     
Synthetic Roth   Synthetic Roth (SynROTH)
Provides tax-free growth, but without the contribution limits of an ordinary Roth IRA, and both provides very solid asset protection even in states that do not protect IRAs and transfers the unused portion outside the owner's estate at death.
     
NQPRT   Non-Qualified Personal Residence Trust (NQPRT)
Allows protection of the family home without forcing the parents to give up the right to live in the house after a period of years, and without risking the loss of the home to creditors in the first few years as with a normal QPRT.
     
RetireZ   RetireZ Plan
A non-qualified and heavily asset protected retirement plan that allows the participant to put away nearly an unlimited amount as well as protect the payments from creditors as they are made. A must-have for high-risk professionals.
 

 

Asset Protection Litigation

The firm engages in civil litigation involving asset protection plans, both defense and attack of such plans. The firm also engages in litigation, attack and defense, involving fraudulent transfers, veil piercing, alter ego, successor corporation liability, charging orders, civil conspiracy, and similar actions.

 

Prospective clients seeking to use the firm's services should call our new client coordinator at 949.629.1176 to set up a brief free telephone conference with an attorney of the firm to discuss the prospective client's suitability and the firm's process for assisting its clients once they have engaged the firm.

 

* Please note that no attorney of the firm has sought board certification by any state as a specialist in any area of practice, and no attorney of the firm claims to be a specialist in any practice area. The firm does not solicit new clients in any jurisdiction where the firm does not have a member of the firm licensed to engage in the practice of law.

 

 

 

 

© 2008 by Riser Adkisson LLP. All rights reserved. This website may not be reproduced in whole or in any part without the express written permission of Riser Adkisson LLP.  The firm's attorney who is responsible for this website is Jay Adkisson. Issues regarding this website should be directed to Mr. Adkisson by fax to 877.698.0678 or by mail to 100 Bayview Circle, Suite 210, Newport Beach, CA 92660.

Riser Adkisson LLP does not practice in any jurisdiction unless one its attorneys has been admitted to practice there, or an attorney of the firm has been properly admitted pro hac vice according to the local court rules of that state. Nothing in this website should be construed to be any advertisement for legal services directed to a state wherein Riser Adkisson LLP is not admitted to practice. Nothing in this website is any substitute for the services of a licensed attorney in the relevant jurisdiction.  Persons resident in a state where Riser Adkisson LLP does not have an attorney regularly admitted to practice law should consult with their own local licensed attorney about that attorney retaining Riser Adkisson LLP to assist the local attorney with any client matters that such attorney believes our services and advice would be helpful.

The information given in this website does not constitute legal or accounting advice or opinion, and should not be relied upon for any planning purposes. It is provided solely and exclusively for general, non-specific educational purposes, and to advise the reader of the nature of the services offered individually by us. Planning of this nature is necessarily very circumstance-specific and therefore it would be dangerous to apply the very general rules described herein to any singular fact-pattern. Prudence demands that you consult with an experienced professional licensed in your state before attempting any of the planning techniques described herein. Additionally, the information given in this website is not meant to be a substitute for legal representation. You should consult with your local attorney regarding your suitability for the techniques stated herein under your local laws.

Except as may be specifically described in a fully-executed client engagement letter, Riser Adkisson is not your counsel and you will not rely upon Riser Adkisson LLP for any advice, counsel or suggestions as to the proposed or actual tax treatment of any transaction. Likewise, Riser Adkisson LLP does not make any guarantees or assurances in connection with any product, transaction or strategy discussed by Riser Adkisson LLP. Prudence demands that you retain independent professional tax counsel to objectively advise you on any tax consequences of any product, transaction or strategy discussed by Riser Adkisson LLP. Prudence also demands that you retain appropriately qualified and independent tax professionals to advise you of your tax compliance and reporting requirements.