By Arnold S. Goldstein
Legally protect wealth and estate from court cases, collectors, financial ruin, probate, and different monetary failures, which can suddenly wipe you out.
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Extra resources for Asset Protection Made E-Z
Two exceptions: a) when a plaintiff sues for punitive damages, the discovery of assets and income is relevant to an appropriate award, and b) when the litigation involves allegations of conversion or fraudulent conveyance and the discovery centers on those assets. • When your assets are well protected, it may be worthwhile to voluntarily disclose your assets and how they are titled either before or during litigation for purposes of discouraging the litigation. • Creditors entitled to discover assets have wide discretion in the questions used to examine debtors, as well as the procedures used to discover assets.
4) Have you properly applied for homestead protection? 5) Where possible, is the homestead protection directed to the greater-risk spouse? 6) Do mortgages against your residence, plus the homestead exemption, equal or exceed the value of your home, or is substantial equity still exposed? 7) Were your debts incurred before or after you claimed homestead and are these debts covered under homestead? 8) Will homestead protect a future equity build-up? 9) Will homestead allow you to sell or refinance your home against a judgment creditor, or will the recorded judgment cloud your title and prevent a sale or refinancing?
Forty thousand dollars would be homestead protected and $60,000 would remain creditor exposed. If your state offered a $100,000 homestead protection, your entire equity would then be protected. Several states limit homestead protection to residences of a certain size or value. Texas, for example, protects residences of up to 200 rural acres, in one or more parcels, if the homestead is not located within the legal boundaries of a town or city. If the homestead is located within the boundaries of a city, town, or village, only one acre is protected.
Asset Protection Made E-Z by Arnold S. Goldstein