Protecting your assets is an important consideration for any business owner. If done in conjunction with an estate plan, your protection plan can prevent outside attacks against your personal wealth.

Oftentimes, individuals wait until they are facing litigation, loss, or some tragedy, before transferring their assets into a protection vehicle. Unfortunately, when you wait until you have actual knowledge of problems; clever lawyers can use a cause of action called the fraudulent conveyance to get at your wealth.

A conveyance is generally considered fraudulent as to a creditor when the transfer was made without fair consideration and if it renders the transferor insolvent. Actual intent must be shown in cases where there was fair consideration for the transfer, if the transferor remains solvent after the transfer, or if the creditor's claim arose after the transfer.

It is not necessary for the creditor to prove that you intended to defraud them, but merely if the transfer was intended to hinder or delay the creditor. The courts also look at other indicia including the level of indebtedness, pendency of litigation, secret reservations of interest in the asset, or the retention of the possession to name a few. It is important to think about estate planning and asset protection early.

Attorney's Landlording Kit I learned Early in My Career that a poorly Drafted lease creates HUGE, ENORMOUS problems when you are trying to evict a deadbeat…Especially when that deadbeat is a talented…rent dodger, with years of experience, sticking it to landlords, and their attorney’s!!! THERE IS A BIG, BIG LESSON YOU MUST UNDERSTAND RIGHT NOW! Making money in Real Estate and becoming a good Landlord begins with using the right documents to increase cash flow, profits and protecting your investment!