A Brief Overview of Asset Protection Planning

Published on: February 10, 2017

Asset protection planning is an important part of safeguarding your property, savings, and other valuable assets from potential creditor claims and financial risks. Lawsuits arising from car accidents, personal injuries, business disputes, and other legal matters can put your financial security at risk. While many people assume asset protection is only necessary for wealthy individuals or business owners, anyone with assets to preserve can benefit from understanding the legal strategies available in New Jersey.

At The Matus Law Group, our New Jersey estate planning attorneys help individuals and families develop asset protection strategies based on their financial circumstances and long-term goals. We can help you coordinate trusts, wills, and other legal tools to protect your interests and prepare for the future.

This guide discusses the basics of asset protection planning, the strategies available, and why taking action before financial problems arise is important. Call (732) 281-0060 to schedule a consultation and discuss your asset protection needs.

The Importance of Asset Protection Planning

You are at risk of being sued at virtually all times. This is especially true if you own real estate or a vehicle. If anyone injures themselves on your property or because of your driving, they may have the ability to sue you. This risk is even greater for those that own small businesses.

After a judgment is entered against you, the court may order payment for the individual’s losses, and the amounts could be staggering. Insurance often helps, but it may not cover all costs associated with the suit. The judgment creditor may instead attempt to sell your property in satisfaction of the ruling, while adequately protected assets may remain beyond the creditor’s reach. The advantages and disadvantages of a revocable trust in NJ should therefore be evaluated within the broader plan rather than assumed to provide every form of asset protection. For a discussion of potential planning objectives, see our asset-protection planning benefits overview.

Estate Planning Attorney in New Jersey – The Matus Law Group

Christine Matus, Esq.

Christine Matus, founder and owner of The Matus Law Group, is a New Jersey estate planning attorney who helps individuals and families develop strategies to protect their assets and preserve their wealth. She earned her Juris Doctor from Touro College, Jacob D. Fuchsberg Law Center in 1995 and her Bachelor of Arts in Economics from Rutgers University in 1992. She has been admitted to practice in New Jersey and the U.S. District Court for the District of New Jersey since 1995.

Christine is a member of the New Jersey State Bar Association and serves on the Board of Trustees of the Ocean County Bar Association. She has lectured on estate planning, special needs planning, and other legal matters, and co-authored articles addressing elder law and long-term care. Through her practice, she assists New Jersey families with trusts, asset protection planning, and estate planning strategies designed to safeguard property and provide for future generations.

How Can I Protect My Assets?

You can protect your assets by moving them so that creditors cannot reach them. It could mean putting an asset into a trust or creating an LLC or other entity to own the property. It could also mean providing loved ones with gifts as well. Proper planning may mean that a judgment will not affect your daily life or your ability to care for yourself or your loved ones.

When Should I Start Asset Protection Planning?

Asset protection planning should begin well before a lawsuit or creditor claim arises. Taking action early gives you more opportunities to protect your property and develop strategies that support your long-term financial goals. Families looking to preserve wealth for children and future generations can also consider bloodline trusts in New Jersey, which can help protect inherited assets and control how they are distributed.

Waiting until a lawsuit is pending or creditors are pursuing payment can limit your legal options. Transferring assets to avoid existing or anticipated creditor claims can be considered a fraudulent transfer under New Jersey law, allowing courts to reverse certain transactions. Understanding the different types of trusts and other asset protection strategies before financial problems arise can help you make informed decisions and establish a plan that complies with applicable laws.

Protect Your Assets and Financial Future with The Matus Law Group

Asset protection planning is an important step in preserving your financial security and protecting what you have worked hard to build. Taking action before creditor claims or legal disputes arise allows you to explore strategies that fit your financial circumstances and long-term goals. Whether you are considering trusts, estate planning tools, or other legal protections, having a well-structured plan can help safeguard your assets for the future.

At The Matus Law Group, our New Jersey estate planning attorneys help individuals and families understand their asset protection options and develop strategies tailored to their needs. We can review your financial situation, explain the available legal tools, and help you create a plan that supports your goals. Call (732) 281-0060 to schedule a consultation and discuss how we can help protect your assets.

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Christine Matus

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