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Asset Protection

Asset Protection Trusts – Estate Planning & Testamentary Trusts – LLC’s and Corporations

Asset Protection is a method of planning that helps individuals and businesses deal with possible threats that may result in suffering financial loss. Whether the threats involve lawsuits, divorces, or unscrupulous creditors, our lawyers have the knowledge and court-room experience to protect you and your business to the maximum amount allowed by Louisiana asset protection law. We have proudly and successfully defended our clients when others attempted to seize their assets.

First and foremost, the client must understand that early preparation and planning is key. Louisiana Trust law allows individuals to place their own property in trust. Trusts play an important role in asset and creditor protection, and serve as an excellent vehicle to keep your assets out of reach of any potential creditors.

Incorporating your business venture, or setting your business up as a Louisiana limited liability company is an excellent way to protect you, as the owner, from personal liability incurred in your business.

Louisiana Prenuptial Contracts and marriage agreements are great ways to protect your assets in the event that your future spouse is sued or in the event of a divorce.

“Pre-nups,” as they are commonly referred to, are legally termed “matrimonial agreements.” Contrary to popular belief, this type of agreement need not be entered into before marriage, but may be established during marriage as well. Such agreements are the result of married persons modifying or terminating the “legal regime” (defined as the “community of acquets and gains,” and often referred to as a “community property regime”) in favor of a “contractual” or “partly legal and partly contractual” regime.

While all married persons who are domiciled in Louisiana are automatically subject to the community property regime, regardless of their domicile at the time of marriage and regardless of where the marriage ceremony took place, there are several reasons why they may prefer, or need, to modify or completely terminate the legal regime, not the least of which is protection from potential or existing creditors.

If you or your spouse, or someone you know, is interested in learning more about a matrimonial agreement, please call our office and speak to one of our attorneys who will be happy to walk through the options, benefits, and possible repercussions of contracting out of the Louisiana community property regime.

While all married persons who are domiciled in Louisiana are automatically subject to the community property regime, regardless of their domicile at the time of marriage and regardless of where the marriage ceremony took place, there are several reasons why they may prefer, or need, to modify or completely terminate the legal regime, not the least of which is protection from potential or existing creditors.

If you or your spouse, or someone you know, is interested in learning more about a matrimonial agreement, please call our office and speak to one of our attorneys who will be happy to walk through the options, benefits, and possible repercussions of contracting out of the Louisiana community property regime.

While the above mentioned items serve as examples of the vehicles used in asset protection, there are many other planning techniques that can prevent your hard earned assets from being seized by creditors. If the thought of having your assets seized causes you stress, we urge you to contact us.