Asset Protection

The 5 Pillars of Asset Protection

• Pillar #1 - Make Yourself Anonymous
• What is the difference between the Trusts in your diagram?
• I already use a P.O box instead of my personal address to provide anonymity.
• What is an Agent Trust? Does my state offer it?
• What is a Land Trust? Does my state offer it?
• Won't people know I own the property if they see Scott Smith or Royal Legal as the Nominee Trustee?
• How do I know that if I allow you to be the nominee trustee that you won’t run off and sell my properties?
• What happens if you no longer offer Nominee Trustee service or go out of business?

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Transferring Assets

• How does refinancing work in a Land Trust? 
• My mortgage company says I have to purchase in my name instead of a land trust. Is that a problem? 
• I have a mortgage on my property in my personal name - can I move my property into this structure?
• If I still have to buy under my own name to get the best rates on my loans, then that undoes the anonymity of your structure.
• This seems like I wouldn’t be able to show proof of ownership when I go to sell or in dealings with the bank.
• Do I have to pay for more transfers to refinance?
• For transferring an asset with a nominee trustee, do I have to notify the mortgage company of the ownership change resulting in a refinance?

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Pillar #2 - Liability

• Do I have to have separate LLCs for each state? 
• How do I avoid taxes if I have a corporate property?
• Can I convert my LLC into a PLLC in New York?

Pillar #3 - Separation

• How do you structure my Operating Company?
• I don’t want my Operating LLC to be based in CA.

Pillar #4 - Isolation

• I only do flips, so I don’t need a holding company.
• I’ve talked to other attorneys who advise against the Series LLC /DST.
• There isn’t enough case law to support the Series LLC/DST.
• How does the Series LLC or DST differ from the Wyoming LLC?
• What if I get sued and these structures are the basis of the lawsuit?
• The Series is too new for me to feel comfortable utilizing it.
• The DST has too many limitations.
• What is a Grantor Trust?
• I am a CA resident and I would rather use a WY holding company instead of the DST.

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Pillar #5 - Insurance

• What type of insurance do you offer?
• How much insurance do you recommend?
• I have an umbrella insurance policy and that is all I need for now.

Objections

• I already have LLC’s, S Corp, or living trusts to protect me to some extent. I want to restructure or continue to use those.
• This seems more complex than what I would need for my simple investment strategy.

Other Structures

• Do you recommend / offer a 1031 Exchange?
• Do you recommend / offer a Deferred Sales Trust?
• Do you offer a Friendly Lien?
• Can I use a DBA with a Land Trust?