Asset Protection

Trebilcock & Rovira is committed to helping you protect your life's work.  We represent clients who desire to shield their assets against potential litigation, judgments and liens.  In sum, more and more professionals such as doctors, dentists and lawyers, and business owners are seeking to protect their assets from frivolous law suits and general liability.  The fact is that as the economy further contracts, the risks associated with conducting business or practicing a field of expertise have only increased.  So, whether litigation is ensued by a disgruntled employee, a former business associate or due to an unexpected tragedy, asset protection can help protect you.

Asset Protection is not about hiding assets, it’s about managing risk and preserving your wealth.  It is not a substitute for liability or professional insurance, but a supplement, since insurance does not always cover all foreseeable risk or liability.

Trebilcock & Rovira develops a comprehensive asset protection plan for each client’s needs, using a variety of tools, such as Trusts, business entities and other legal instruments to protect your hard earned wealth, whether it is your home, your pension plan or your kids’ college fund.  When developing your asset protection plan, we take your financial needs into account, the nature of the assets you desire to protect and all tax considerations related to the transfer of the assets which require protection.

Basically, assets owned by a properly structured trust or other entity are generally not subject to claims against the grantors or beneficiaries.  So, if done properly, any claimant or creditor who ensues civil litigation against a person who has placed his/her assets into a trust or other entity, may learn that there aren’t any assets to pursue.  The key to the planning process is timeliness, since it should commence before claims arise.  And, striking the proper balance between the amount of control the client retains over the assets and the need to separate the grantor from the same are essential so that it cannot be argued that they are one and the same.