Protect Your Dream
Don’t be caught unprepared. Protect your assets.
Divorce, inheritance, health issues, creditors, employees, theft, changing markets, malpractice suits, sexual harassment claims, natural disasters and disgruntled business partners are just a few issues that can result in devastating lawsuits for unprepared business owners. The highest level of risk falls on those who think they are immune.
Americans are now more concerned than ever about protecting their assets from creditor claims, taxes, divorce and other disasters. Rightly so.
The more success you have (especially in business, professional practice or real estate activities), the more at risk you are as others see your success grow.
Here’s some of the “risky behavior” you may be engaging in right now:
- Are you an attorney or physician?
- Do you have rental properties or employees?
- Do you work in construction or perform professional services?
- Will you be signing loan documents, a personal guaranty or a lease?
- Are you getting married and have children from a prior marriage or separate property assets you are bringing into the marriage?
Here’s the thing: all of these activities are activities we want to see you do more of! They are, in many ways, the spice of life. But we don’t want that spice to become too hot and impact your life negatively. That’s where we come in. We can set up your business and life structures to ensure that you can take maximum risk with minimum worry.
We assist our clients in determining the appropriate level of asset protection planning for their particular circumstances. We will consider insurance, prenuptial agreements, asset segregation, choice of jurisdiction, gifting, LLCs, partnerships, corporations, and asset protection trusts. Customized combinations are layered depending on the needs of the client and as appropriate.
There are many different strategies to accomplish the protection of your assets while you are alive and after you are gone. To find out which strategies may be right for you, contact us for a Family Wealth Planning Session.
And if you have a business, your very first step is to ensure that your business is set up correctly; contact us for a LIFT (Legal, Insurance, Financial and Tax) Audit of your business foundation and recover any of the money that may be leaking from your business today.
Key Concepts of Asset Protection
The “Key Concepts of Asset Protection” is a fifteen-part video series that is direct and to the point and designed to help you understand what Asset Protection Tools are available to you and what you need to consider when making a choice. Each of these short, informative videos are listed in order below.
“Just got back from updating my estate plan and have to share with you how impressed I am at the level of professionalism and integrity of this law firm. I highly recommend Beverly!”
CHERI GANNON
Frequently Asked Questions About Asset Protection Planning
What does an asset protection attorney do, and when should I consider hiring one?
When searching for an asset protection attorney, many people wonder if this type of legal guidance is only necessary for the ultra-wealthy or large corporations. The truth is, anyone with significant assets—including business owners, professionals, and families—can benefit from speaking with a local asset protection law firm. If you’ve ever asked how to protect your assets from legal claims, divorce, creditors, or lawsuits, you’re already asking the right questions. An asset protection attorney helps individuals and families develop asset protection strategies that minimize risk and keep wealth safe from future threats. Whether you’re seeking asset protection for business owners, high net worth individuals, or married couples, a legal audit and structured plan can make a major difference in safeguarding what you’ve worked so hard to build.
An asset protection attorney helps clients design and implement legal strategies to safeguard assets from future risks, lawsuits, or financial exposure. Asset protection planning is not just about hiding money or reacting to emergencies. It is a proactive, legal process that uses a combination of risk assessment, financial structuring, and legal planning to protect wealth over time.
A qualified asset protection attorney will start with a comprehensive legal audit and financial audit to assess vulnerabilities. They will evaluate your current business and life structures, including real estate holdings, retirement accounts, business entities, and family obligations. This process often includes a tax audit and an insurance audit to understand how your existing plans interact with asset protection goals.
From there, your attorney will recommend tailored asset protection strategies. These might include setting up limited liability companies (LLCs for asset protection), partnerships for asset protection, or corporations structured for liability reduction. Business structures are key for separating personal and professional liabilities, especially for physicians, real estate investors, and entrepreneurs.
Other legal tools may include asset protection trusts (domestic or offshore), prenuptial agreements (often called asset protection prenups), or choice of jurisdiction—placing your trust or business in a state with favorable laws for protecting wealth. Gifting strategies can also move assets out of your estate legally, reducing exposure while still benefiting heirs.
Asset segregation is another critical tactic. By keeping high-risk assets (like rental properties) in separate legal entities, an asset protection attorney ensures that a claim against one asset does not expose everything else you own. This is often overlooked in generic financial planning.
Many clients also choose to work with a New Braunfels asset protection attorney who understands Texas-specific laws. Jurisdiction matters, especially when determining how assets are titled, how liability is limited, and how court rulings might apply. Local asset protection services in New Braunfels combine regional legal knowledge with broader protective strategies.
Ultimately, the best time to consult an asset protection attorney is before you face a problem—not after. Whether you are starting a business, getting married, receiving an inheritance, or simply growing your net worth, asset protection planning gives you long-term security and control over your financial future.
What are the best strategies an asset protection attorney uses to help clients protect their wealth?
If you’re considering working with an asset protection attorney, you’re probably asking: What are the best asset protection strategies, and how do they actually work? Whether you’re a business owner, a professional with personal liability exposure, or someone seeking to safeguard generational wealth, the right combination of planning tools can make all the difference. When done properly, asset protection is fully legal, highly effective, and often integrated with estate and tax planning. If you’re looking for a New Braunfels asset protection attorney or want asset protection services in your area, it’s helpful to understand the core strategies most attorneys use—because the best plans are always tailored, not generic.
An asset protection attorney helps clients protect their wealth by combining legal structures, insurance planning, and jurisdictional advantages into a customized strategy designed to minimize financial and legal risks. The best asset protection plans are built on a foundation of legal compliance, transparency, and long-term thinking.
One of the most effective strategies is forming business entities such as LLCs for asset protection. When structured correctly, an LLC separates your personal assets from business liabilities, meaning creditors cannot easily pursue your home, savings, or other holdings if your business is sued. Similarly, partnerships for asset protection (such as limited partnerships) offer control with limited exposure for passive partners.
Asset protection trusts—particularly irrevocable trusts—are another powerful tool. These trusts move assets out of your personal ownership while still allowing indirect control or benefit. Depending on your goals, your attorney may recommend domestic options or explore jurisdictions with favorable asset protection trust laws. Choice of jurisdiction matters, as some states provide stronger legal shields than others.
Other strategies include asset segregation, where high-risk assets (like real estate or vehicles) are placed in separate legal entities to isolate liability. This prevents a lawsuit involving one property from jeopardizing your entire portfolio. Gifting strategies can also reduce risk by transferring assets to family members or charities, often as part of a larger estate planning strategy.
Your asset protection attorney may also recommend a legal audit or financial audit to identify weak points in your current setup. These reviews are often followed by insurance audits, where gaps in coverage are addressed through enhanced asset protection insurance policies—such as umbrella liability coverage or specialty business insurance.
Prenuptial agreements are another key tool, particularly for business owners or those entering a second marriage. An asset protection prenup can define how assets are handled in the event of divorce, offering clarity and legal protection for both parties.
For clients seeking asset protection and tax planning, integrating strategies with your CPA ensures you maximize tax efficiency while maintaining legal compliance. A strong attorney will collaborate across disciplines, often coordinating with financial planners and accountants to build truly comprehensive asset protection.
Whether you’re searching for asset protection for high net worth individuals, married couples, or business owners, your plan should be based on your specific risks and goals. Cookie-cutter forms won’t work when legal challenges arise. A local asset protection law firm—like one in New Braunfels—will understand Texas laws and the best way to structure your plan based on regional court systems and asset types.
The best asset protection strategies are proactive, not reactive. They work best when designed in advance, before a lawsuit, divorce, or crisis occurs. By working with a qualified asset protection attorney, you protect more than your wealth—you protect your freedom to make choices for yourself, your family, and your future.
How does an asset protection attorney evaluate risks and design a customized asset protection plan?
When people search for an asset protection attorney, they often assume the process starts with forming an LLC or setting up a trust. In reality, effective asset protection begins with understanding risk. An asset protection attorney does not apply generic solutions. Instead, they analyze your personal, financial, and business exposure to determine where vulnerabilities exist. This is especially important for business owners, professionals, and high net worth individuals who face legal, contractual, or personal liability risks. If you are looking for asset protection planning near me or asset protection services in New Braunfels, understanding how risk assessment works can help you see why professional guidance matters. Asset protection is not about reacting to lawsuits. It is about designing business and life structures that reduce exposure before a problem arises.
An asset protection attorney begins by conducting a detailed risk assessment to identify where your assets are vulnerable and how they can be legally protected. This process often starts with a legal audit that reviews ownership structures, contracts, liabilities, and existing legal entities. The attorney examines how assets are titled, whether personal and business assets are properly separated, and where gaps exist that could expose wealth to claims.
A financial audit is typically part of this process. This review looks at cash flow, investments, real estate, and business interests to understand where value is concentrated. High-risk assets such as rental properties, operating businesses, or professional practices often require asset segregation through separate business entities. LLCs for asset protection and partnerships for asset protection are commonly used to isolate liability so that a claim against one asset does not jeopardize others.
An asset protection attorney also evaluates insurance coverage through an insurance audit. Insurance planning plays a critical role in safeguarding assets, yet many individuals are underinsured or improperly insured. Umbrella policies, professional liability insurance, and asset protection insurance can reduce exposure when paired with proper legal structures.
Tax considerations are another layer of the analysis. A tax audit may be conducted to ensure that asset protection strategies align with tax planning goals. Asset protection and tax planning must work together. Poorly designed structures can create unintended tax consequences, which is why coordination matters.
For married clients or those planning marriage, prenuptial agreements may be discussed as part of asset protection planning. An asset protection prenup clarifies ownership and expectations, reducing future legal risks. Gifting strategies may also be explored to shift assets in a controlled, lawful manner.
Once risks are identified, the asset protection attorney designs customized asset protection plans. These plans may include asset protection trusts, business restructuring, choice of jurisdiction decisions, and long-term maintenance strategies. A New Braunfels asset protection attorney will tailor these recommendations to Texas law and local court realities.
The result is comprehensive asset protection that minimizes risk, protects wealth, and provides clarity. Rather than relying on isolated tools, a professional plan integrates legal, financial, and insurance strategies into one cohesive structure.
How does an asset protection attorney help business owners protect personal and business assets?
Business owners face unique risks that make working with an asset protection attorney especially important. Lawsuits, contract disputes, employee claims, and creditor actions can threaten not only business assets but also personal wealth if structures are not properly set up. Many business owners searching for asset protection for business owners or asset protection planning near me discover that their current setup leaves them exposed. An asset protection attorney helps separate personal and business risk while preserving operational flexibility. Whether you operate a single-member company or manage multiple ventures, asset protection strategies must be intentional and compliant with the law.
An asset protection attorney helps business owners protect both personal and business assets by creating legal structures that limit liability and reduce exposure. One of the most common tools is the use of LLCs for asset protection. When properly formed and maintained, an LLC creates a legal barrier between the business and the owner’s personal assets. This means that if the business is sued, the owner’s home, savings, and personal investments are less likely to be at risk.
For more complex operations, partnerships for asset protection or corporations for asset protection may be appropriate. These structures can be tailored to separate operating risk from ownership interests. For example, a business owner may hold real estate in one entity and operations in another. This form of asset segregation prevents a claim against one area from spreading to others.
An asset protection attorney also reviews contracts, leases, and vendor agreements as part of a legal audit. Poorly drafted contracts can create unnecessary personal liability. The attorney ensures that agreements are structured to protect the business owner while complying with state law.
Insurance planning is another essential component. Asset protection insurance such as general liability, professional liability, and umbrella coverage works in tandem with legal structures. An insurance audit helps confirm that coverage limits match actual risk exposure.
Business owners may also benefit from asset protection trusts in certain situations. These trusts can protect accumulated wealth from future claims while supporting long-term planning goals. Choice of jurisdiction can matter here, as some jurisdictions offer stronger protections for business-related assets.
Tax planning is closely connected to these decisions. Asset protection and tax planning must be aligned to avoid inefficiencies or compliance issues. A skilled asset protection attorney collaborates with accountants to ensure that structures serve both protection and tax goals.
For business owners in Texas, working with a New Braunfels asset protection attorney provides local insight into state laws and court practices. This local knowledge enhances the effectiveness of asset protection strategies.
Ultimately, an asset protection attorney helps business owners operate with confidence. By minimizing risks and safeguarding assets, the business can grow without placing personal wealth in constant jeopardy.
What is the difference between asset protection planning and estate planning, and why does it matter?
Many people assume asset protection planning and estate planning are the same, especially when searching for legal help online. While they are closely related, they serve different purposes and timelines. An asset protection attorney focuses on safeguarding assets from future risks during your lifetime, while estate planning addresses how assets are transferred after death. Understanding this distinction is critical for anyone serious about protecting wealth. If you are looking for asset protection strategies or asking how to protect your assets, knowing where these plans overlap and differ helps you make informed decisions.
An asset protection attorney focuses on shielding assets from legal and financial risks during life, while estate planning governs how assets are distributed after death. Asset protection planning is proactive. It is designed to minimize exposure to lawsuits, creditors, and other claims before they occur. Estate planning, on the other hand, deals with wills, trusts, and beneficiary designations that control asset distribution.
Asset protection planning uses tools such as LLCs, partnerships, asset protection trusts, prenuptial agreements, and insurance planning to safeguard assets. These strategies are implemented while you are alive and financially active. They are particularly important for business owners, professionals, and high net worth individuals who face elevated legal risks.
Estate planning focuses on legacy, family protection, and tax efficiency after death. While trusts can play a role in both areas, their purpose differs. An asset protection trust may be designed to limit creditor access, while an estate planning trust may focus on probate avoidance or inheritance control.
The overlap occurs when plans are coordinated. Asset protection and estate planning should work together, not compete. For example, gifting strategies used for asset protection must align with estate planning goals. Choice of jurisdiction for trusts may affect both creditor protection and estate administration.
A comprehensive approach involves both disciplines. An asset protection attorney often collaborates with estate planning professionals to ensure consistency. This is especially important in Texas, where laws governing liability, probate, and trusts interact.
For individuals seeking asset protection planning near me or asset protection services in New Braunfels, choosing a local asset protection law firm ensures strategies are tailored to state law. Customized asset protection plans that integrate estate planning create long-term stability.
In short, asset protection planning protects what you have today, while estate planning controls what happens tomorrow. Working with an experienced asset protection attorney ensures both goals are met without unintended consequences.
How can an asset protection attorney help married couples protect joint assets?
Married couples often assume their joint assets are automatically protected because of spousal ownership laws, but that’s not always the case. If one spouse is sued or faces a creditor judgment, jointly held property may be exposed. An experienced asset protection attorney can help married couples structure ownership and financial arrangements to reduce that risk. Whether you’re looking for asset protection for married couples, or searching for an asset protection attorney near me who can safeguard shared property, understanding your options is essential. In community property states like Texas, some assets are more vulnerable than you might think.
An asset protection attorney helps married couples protect joint assets by structuring ownership, legal entities, and trusts to minimize legal and financial risk. The goal is to separate exposure while preserving the couple’s ability to manage and grow wealth together.
One common strategy is using tenancy by the entirety (available in some states) to shield marital property from individual creditor claims. While Texas doesn’t recognize this form, a knowledgeable New Braunfels asset protection attorney can use revocable or irrevocable trusts, limited liability companies, and asset segregation to achieve a similar outcome.
For instance, the couple’s home may be placed into a properly structured trust that protects it from lawsuits. Business interests or high-risk investments can be moved into LLCs for asset protection. This limits exposure if one spouse is a business owner or professional facing potential liability.
Prenuptial or postnuptial agreements can also help, especially in second marriages or blended families. These agreements allow each spouse to clarify how assets will be managed, divided, or protected in the case of divorce or legal claims. An asset protection prenup is not just for the wealthy—it’s for any couple that wants peace of mind.
Insurance planning is another important layer. An insurance audit can identify gaps in liability coverage that could expose joint assets in the event of a lawsuit. Umbrella insurance policies, home liability riders, and asset protection insurance can be added for more robust protection.
Couples often benefit from a legal audit and financial audit as part of a comprehensive asset protection consultation. This helps your attorney understand your current structure and recommend strategies customized to your life, risk profile, and goals.
Whether you’re newly married or decades into your relationship, asset protection planning ensures that your hard-earned assets stay in your family’s hands—not lost in court or to creditors.
What role does jurisdiction play in the effectiveness of an asset protection attorney’s strategy?
Jurisdiction is one of the most overlooked but critical aspects of working with an asset protection attorney. Many people focus on which legal tools to use—LLCs, trusts, insurance, prenuptial agreements—but fail to consider where those tools are set up. The state or country you choose for forming a trust, creating a company, or establishing residency can dramatically affect the level of legal protection available. If you’ve been searching for the best asset protection strategies or evaluating trust jurisdictions, it’s time to understand why choice of jurisdiction is not just a technicality—it’s a cornerstone of effective asset protection planning.
An asset protection attorney selects jurisdictions strategically because state and international laws vary widely in how they protect trusts, LLCs, and other legal structures from creditors and lawsuits. Choosing the right jurisdiction enhances the durability of your plan and increases your ability to control and preserve your wealth.
For example, some U.S. states offer stronger protections for asset protection trusts than others. States like Nevada, South Dakota, and Delaware have favorable laws that limit the reach of creditors and offer short statutes of limitations on fraudulent transfer claims. Your attorney may recommend forming a domestic asset protection trust in one of these jurisdictions—even if you live in Texas.
Similarly, the jurisdiction of LLC formation matters. A Wyoming or Delaware LLC may offer more privacy and stronger liability protections than a Texas LLC, depending on your goals. However, if you operate in Texas, your New Braunfels asset protection attorney will help determine whether foreign registration or multiple entities are appropriate for your structure.
In some cases, an offshore trust or international asset protection structure may be considered for added insulation. These tools are more complex and require close coordination with tax and estate planning professionals.
Even choice of forum in contracts can be part of jurisdictional planning. Your attorney may include clauses in business agreements that specify which state’s courts will handle disputes, helping avoid litigation in creditor-friendly locations.
The bottom line: jurisdiction is not just a legal address. It’s a strategic decision that can strengthen—or weaken—your entire asset protection plan. A skilled attorney will explain the tradeoffs and select jurisdictions that align with your goals, risk level, and timeline.
How does an asset protection attorney use trusts to safeguard assets from legal threats?
If you’ve heard the term “asset protection trust” but aren’t sure how it works or if it applies to you, you’re not alone. Asset protection trusts are one of the most powerful tools used by an asset protection attorney, but they must be designed carefully to be effective. Whether you’re exploring asset protection for high net worth individuals, business owners, or married couples, trusts offer a way to legally remove assets from your personal ownership—reducing risk while maintaining control in many cases. These tools are especially relevant in Texas, where properly structured trusts can help shield wealth from creditors, judgments, or future claims.
An asset protection attorney uses trusts—especially irrevocable asset protection trusts—to separate ownership from control, shielding assets from creditors while preserving long-term access and flexibility. Unlike revocable living trusts, which provide no protection from lawsuits, an irrevocable trust can create a legal barrier between you and your assets.
There are several types of asset protection trusts:
- Domestic asset protection trusts (DAPTs) are permitted in certain U.S. states with favorable legislation.
- Foreign or offshore asset protection trusts offer even stronger protection, though they are subject to additional scrutiny and reporting requirements.
- Hybrid trusts combine estate planning and asset protection functions for families who want to transfer wealth securely.
A New Braunfels asset protection attorney may help you create a trust in a favorable jurisdiction while coordinating with your local estate plan. This often includes asset segregation, transferring real estate, business interests, or financial accounts into the trust so they are no longer vulnerable in personal lawsuits.
Gifting strategies are sometimes used to fund the trust, especially when reducing estate tax exposure is also a goal. These gifts must be carefully timed and documented to avoid fraudulent transfer accusations.
Trusts must also be administered correctly. A trust with weak recordkeeping, improper funding, or self-serving terms can be pierced in court. That’s why comprehensive asset protection planning includes a legal audit and ongoing trust maintenance.
Trusts are not just for the ultra-wealthy. They are used in many customized asset protection plans for physicians, real estate investors, and entrepreneurs seeking to protect their family’s financial future. When structured properly, they provide both security and flexibility.
What types of audits does an asset protection attorney perform, and why are they important?
Before building a legal structure to safeguard your assets, an asset protection attorney must first understand what you own, how it’s held, and where you may be exposed. That’s where audits come in. Whether you’re searching for a New Braunfels asset protection attorney or a national asset protection law firm, look for professionals who start with a detailed legal audit, financial audit, and insurance audit. These reviews are critical for uncovering gaps, risks, and opportunities that generic plans would miss.
An asset protection attorney performs legal, financial, tax, and insurance audits to identify vulnerabilities and build a personalized strategy that protects wealth from potential threats. Each audit focuses on a specific area of your financial life, but all contribute to the same goal—safeguarding your assets with legal clarity and strategic intent.
A legal audit reviews your current legal documents: business entities, contracts, trusts, prenuptial agreements, and titling of major assets. The attorney checks for inconsistencies, improper ownership structures, or outdated documents that could weaken your asset protection plan.
A financial audit assesses your real estate holdings, investment accounts, business interests, retirement plans, and other assets. This helps your attorney prioritize which assets need protection and how best to structure ownership.
A tax audit examines your exposure to income, capital gains, estate, and gift taxes. It helps integrate asset protection with tax reduction strategies—especially for clients with significant wealth or business interests.
An insurance audit evaluates your existing coverage. Many clients assume they are covered, only to find gaps in umbrella policies, business liability coverage, or property protection. Asset protection insurance should be coordinated with legal strategies for maximum effectiveness.
These audits are the foundation of a comprehensive asset protection plan. They help the attorney recommend specific tools such as asset protection trusts, LLCs, insurance upgrades, or changes in jurisdiction.
Without these audits, your plan may rely on assumptions—not facts. That leaves room for errors, oversights, and unnecessary risk. By starting with a detailed audit process, your attorney can build a plan that fits your life, business, and financial future.
What should I expect during an initial consultation with an asset protection attorney?
If you’re considering scheduling an asset protection consultation, you may be unsure what to expect. Will you need to bring documents? Will the attorney try to sell you expensive trusts or LLCs right away? The truth is, a reputable asset protection attorney will spend most of the initial meeting listening, learning, and assessing—not selling. Whether you’re seeking asset protection for business owners, married couples, or high net worth individuals, the consultation is your opportunity to get clarity and start planning the right way.
An asset protection attorney uses the initial consultation to understand your financial picture, risk tolerance, personal goals, and legal needs before designing a customized protection plan. You won’t need all your documents on day one, but the more information you provide, the more valuable the meeting will be.
Expect to discuss:
- Your personal and family financial goals
- Business ownership or professional liability exposure
- Existing trusts, business entities, and insurance coverage
- Past or potential legal claims
- Asset types, estimated values, and ownership structures
The attorney will ask about your concerns—such as lawsuits, divorce, bankruptcy, or succession—and explain how different tools like LLCs, asset protection trusts, insurance, or gifting strategies may be used.
You’ll also learn about jurisdiction options, the role of asset protection audits, and the timeline for implementation. A good attorney will provide a roadmap before moving into the document phase.
By the end of your asset protection consultation, you should have a clear understanding of your risk exposure, planning options, and next steps. It’s the first move toward long-term security and peace of mind.