Protect Assets Strategy – The Role of Life Insurance

March 05, 2009 : Posted by: admin : Category: Uncategorized : Comments (0) : Add Comment

Life insurance can be a key element of an effective strategy for protecting assets by eliminating estate taxes. But for this protect assets strategy to work, one must be knowlegeable about the kind of life insurance that is effective in employing this strategy.

Term Life Insurance Policies

These popular policies are intended to pay at face value if the policy holder dies within the period of coverage. Premiums can be fixed for 10-20 years and sometimes can be renewed, with new premiums set by the company at that time. For example, a 20-year policy for $2 million might cost $10,000 per year at age 45. Depending on the policy, you may have the right to renew for another 10 or 15 years, but the premium will be reset by the insurer based on your new age. At 65 or 70, the annual premium might increase to several hundred thousand dollars per year. So at a time when the insured’s income is decreasing, the cost of the term insurance has increased so much as to make it virtually impossible to retain. Term life insurance is low cost because the actuarial tables indicate that few people die during the term of this type of policy. And few can afford to renew a term policy as they get older and really need the policy either to replace income if they died or to protect assets.

Term policies have one important and specific purpose: to replace lost income from a premature death. If you should die before your anticipated retirement date, how much insurance would be necessary to replace for your spouse and children all or a portion of your lost income? If the answer is “a lot,” you are probably a good candidate for term insurance—. It offers the most insurance for relatively low premiums. Term insurance effectively covers the risk of lost income for a set number of years, but it doesn’’t build or protect wealth for the future. If one is in a position in which he has a business that will increase in value and he needs a
source of funds to pay estate taxes without selling the business, then term life is probably not the strategy that will protect assets. Often when someone is young he purchases this type of policy because the agent recommended it and doesn’t look too closely at the details or think about the asset protection aspect of insurance.

Permanent Life Policies as an Asset Protection Strategy

Because your current term policy probably will be insufficient if you anticipate paying sizeable estate taxes or you want to leave money to your family, you’’ll probably need a “permanent” life insurance policy that lasts for your lifetime. There are many varieties of these policies, but they are often described as “Whole Life” or “Universal Life.” In addition to paying the specified death benefit, these policies also work like savings
accounts, building cash value that you can borrow against or redeem. They also get a big tax break because the earnings on the savings are not subject to income tax at any time. That may be an amazingly good asset protection strategy but it’s one that few people understand.

Another advantage of permanent life policies is their usefulness in wealth accumulation. Since they work like a savings account, the funds that have accumulated in them can be borrowed more easily than borrowing against the equity in your home or getting a loan from a bank. As the insured pays that loan back to his policy, he is free to pay it with interest, thus garnering the interest from his own “loan” and accumulating cash value in his policy.

Conclusion

Term policies and permanent policies meet important but different financial needs and are useful for different asset protection goals. Term life insurance efficiently and inexpensively protects against the risk of lost income for a specific number of years. Permanent policies are designed to last for a lifetime; they
effectively guarantee that a specified amount of wealth is accumulated for whatever family, charitable, or estate tax needs you might consider. The caveat is that there are huge differences in benefits and costs among all of the available plans. You owe it to yourself to talk to knowledgeable advisors about the real benefits and costs of any insurance plan you are considering.

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Are LLC’s adequate asset protection vehicles?

September 02, 2010 : Posted by: admin : Category: protect assets strategy : Comment (1) : Add Comment

I would like to protect my personal assets and home from a potential judgment stemming from a lawsuit. As such, I set-up two LLC’s, one for my personal assets and one for my home. In the opinion of the viewers, am I protected enough from creditors? If not, would strategies would be recommended?

You are not protected AT ALL from a judgment. The "alter-ego" theory would pierce your LLCs faster than you can blink an eye.

Here’s what you do (and it costs the same or less than those stupid LLCs). BUY PERSONAL UMBRELLA INSURANCE with limits of $5 million.

BUY PROFESSIONAL LIABILITY INSURANCE for your business (if you have one) with limits of $5 million.

If that isn’t sufficient, then you’re screwed.

Alternatively, if you want to really make things difficult for creditors, then place your non-exempt assets into an irrevocable trust. Then, it’s beyond anyone’s reach (including your own).

Are LLC’s adequate asset protection vehicles?

September 02, 2010 : Posted by: admin : Category: protect assets strategy : Comment (1) : Add Comment

I would like to protect my personal assets and home from a potential judgment stemming from a lawsuit. As such, I set-up two LLC’s, one for my personal assets and one for my home. In the opinion of the viewers, am I protected enough from creditors? If not, would strategies would be recommended?

You are not protected AT ALL from a judgment. The "alter-ego" theory would pierce your LLCs faster than you can blink an eye.

Here’s what you do (and it costs the same or less than those stupid LLCs). BUY PERSONAL UMBRELLA INSURANCE with limits of $5 million.

BUY PROFESSIONAL LIABILITY INSURANCE for your business (if you have one) with limits of $5 million.

If that isn’t sufficient, then you’re screwed.

Alternatively, if you want to really make things difficult for creditors, then place your non-exempt assets into an irrevocable trust. Then, it’s beyond anyone’s reach (including your own).

I’m being sued. What is the best way to protect and make my assets untouchable?

August 26, 2010 : Posted by: admin : Category: protect assets : Comments (3) : Add Comment

Someone has filed a baseless lawsuit against me. I will win; however, I am concerned about any assets being frozen. I do not own a house. I only own a car in full. How do I protect any cash savings? Is there anything else of value that is not safe?

Too late now. Any transfer could be undone by a court. If the suit is baseless you have nothing to worry about, right?

What authority do mall cops/asset protection guys have?

August 20, 2010 : Posted by: admin : Category: asset protection : Comments (5) : Add Comment

I saw a video of a deaf guy getting literally choked by a security guard/shoplifting prevention guy from a Forever XXI store in California because he had walked out of the store and the shoplifting alarm had sounded and he couldn’t hear it. The guy thought he was shoplifting and tackled him and put him in a chokehold.

In the video, there are a lot of people watching but not helping because they’re apparently afraid to intervene because they’re afraid that the guy is an actual cop that could arrest them. If people had ran to the guy’s defense and pulled the mall cop guy off the deaf guy, could they themselves have gotten into legal trouble?

private security has citizen’s arrest authority, nothing more; if no crime has been committed, they (private security) are subject to prosecution and civil suit

a citizen helping a security guard make an illegal arrest is also subject to prosecution and civil suit; a citizen intervening in a lawful citizen’s arrest is subject to prosecution and civil suit

What authority do mall cops/asset protection guys have?

August 20, 2010 : Posted by: admin : Category: asset protection : Comments (5) : Add Comment

I saw a video of a deaf guy getting literally choked by a security guard/shoplifting prevention guy from a Forever XXI store in California because he had walked out of the store and the shoplifting alarm had sounded and he couldn’t hear it. The guy thought he was shoplifting and tackled him and put him in a chokehold.

In the video, there are a lot of people watching but not helping because they’re apparently afraid to intervene because they’re afraid that the guy is an actual cop that could arrest them. If people had ran to the guy’s defense and pulled the mall cop guy off the deaf guy, could they themselves have gotten into legal trouble?

private security has citizen’s arrest authority, nothing more; if no crime has been committed, they (private security) are subject to prosecution and civil suit

a citizen helping a security guard make an illegal arrest is also subject to prosecution and civil suit; a citizen intervening in a lawful citizen’s arrest is subject to prosecution and civil suit

Forming an LLC as nurse practitioner would protect my personal assets in case of a lawsuit?

August 09, 2010 : Posted by: admin : Category: protect assets : Comments (2) : Add Comment

In case a patient sues me someday, would the LLC protect my personal assets?

Malpractice insurance will protect you. You can alway be sued personally for your actions, and the LLC won’t help. You and the LLC would both be named in the suit.

Forming an LLC as nurse practitioner would protect my personal assets in case of a lawsuit?

August 09, 2010 : Posted by: admin : Category: protect assets : Comments (2) : Add Comment

In case a patient sues me someday, would the LLC protect my personal assets?

Malpractice insurance will protect you. You can alway be sued personally for your actions, and the LLC won’t help. You and the LLC would both be named in the suit.

How can we protect our assets from the devastation the massive tax increses will cause?

July 28, 2010 : Posted by: admin : Category: protect assets : Comments (8) : Add Comment

When the lowest tax rate goes up by 50% and all of those other taxes take effect. our economy will be devastated. I am just wondering how people will protect themselves from that.
When the tax cuts we have become used to expire, the very lowest rate (paid by the poorest taxpayers) will increase the most, because those are the ones Bush cut the most. They will go from 10% to 15%. For those of you that are challenged in math, that is a 50% increase on the lowest income taxpayers.

The best thing to do is petition Congress to extend the tax cuts.

How can we protect our assets from the devastation the massive tax increses will cause?

July 28, 2010 : Posted by: admin : Category: protect assets : Comments (8) : Add Comment

When the lowest tax rate goes up by 50% and all of those other taxes take effect. our economy will be devastated. I am just wondering how people will protect themselves from that.
When the tax cuts we have become used to expire, the very lowest rate (paid by the poorest taxpayers) will increase the most, because those are the ones Bush cut the most. They will go from 10% to 15%. For those of you that are challenged in math, that is a 50% increase on the lowest income taxpayers.

The best thing to do is petition Congress to extend the tax cuts.