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Asset Protection

Asset Protection Lawyer | NY Asset Protection Attorney - Schlessel Law PLLC | Asset Protection Law Firm

Financial planning is a craft that involves both legal and financial knowledge. You have likely worked long and hard to establish yourself financially in the interest of living a comfortable life. Maybe you have saved up to buy a property, invested your money, or created a business in pursuit of that goal. In order for you to continue to benefit from the fruits of your hard work and so that your family can gain a similar advantage, it would be in your best interest to protect your assets.

If you think that you are at risk or if you have liabilities that may cause asset loss in the future, consulting with a skilled asset protection attorney is important. Our qualified NY estate planning lawyer Seth Schlessel and our team at Schlessel Law PLLC can evaluate your financial situation and recommend asset protection options that will best suit your needs.

To speak with one of an NY asset protection attorney, call us today at (516) 574-9630.

NY Estate Planning Attorneys at Schlessel Law Explains Assets and Asset Protection

An asset is defined as a resource that has an economic value. It may be tangible or intangible and can be thought of as something that either possesses value by itself or can generate cash flow.

Assets can have different forms:

  • Real estate
  • Motor vehicles
  • Bank accounts
  • Pensions
  • Retirement plans
  • Stocks
  • Patents and other intellectual property

The more assets you accumulate, the more likely you are at risk of lawsuits from creditors or other parties who may take an interest in your assets.

Asset protection is a set of financial strategies that prevent creditors from suing for a claim on your assets. Asset protection planning aims to insulate assets without the risk of being sued for tax evasion or perjury for covering up ownership of assets.

Asset protection can be used as a way to defend against liabilities or to be able to save your assets for your children or beneficiaries. Depending on your financial situation, a skilled Long Island estate planning attorney should be able to recommend measures that would allow you to secure your assets. At Schlessel Law PLLC, experienced asset protection attorney Seth Schlessel has helped many Long Island residents defend their property against risks and safeguard their futures.

To schedule a consultation, call us today at (516) 574-9630.

Asset Protection StrategyDescription
Irrevocable TrustsLegal arrangement where assets are transferred into a trust managed by a trustee for beneficiaries. Protects assets from creditors, minimizes estate taxes, and ensures control of assets after death.
Medicaid Asset ProtectionPlanning strategy to reposition assets to qualify for Medicaid benefits while protecting assets from long-term care expenses.
Power of AttorneyLegal document allowing an appointed person to manage affairs when unable to do so. Helps avoid court-appointed guardianship and ensures continuity of asset management. It’s important to choose a trustworthy and capable agent.
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I can't say enough about Seth Schlessel our estate planning attorney. The complexity of our estate and trust matters necessitated the expertise of someone with the knowledge and experience that seth possesses. He exuded the knowledge and patience to provide outstanding service and we have not hesitated to recommend him to countless family and friends who have also been happy with his service. I highly recommend Seth for any estate planning and legal matters.

Asset Protection Lawyer at Schlessel Law Discusses the Importance of Asset Protection in NY

Just as you can accumulate assets all throughout life, there are also instances when you can lose assets not just by selling or spending them, but due to legal disputes.

Such instances include:

  • Divorce – If you or your spouse decides to get a divorce, your assets may be at risk for distribution. This is especially true if you don’t have a legal agreement such as a prenuptial or postnuptial agreement that would dictate how you and your spouse’s assets are to be distributed in case of a divorce.
  • Filing for bankruptcy – Some types of bankruptcy may require the liquidation of assets as a way to repay creditors.
  • Applying for government long-term care assistance programs – Medicaid has eligibility requirements that are restrictive to those who fall above the median income threshold requirement. If you were not able to start Medicaid planning early on, your assets may be at risk.
  • Financial mismanagement – having irresponsible beneficiaries may factor in asset loss.

If you are at risk of one or more of these factors, it may be beneficial to consult with an asset protection attorney. An experienced asset protection attorney may be able to assist you in establishing legal ways of protecting your estate and ensuring that asset losses are minimal to none in the event of a claim.

At Schlessel Law, PLLC, we take a comprehensive approach to estate planning that involves the inclusion of asset protection measures. We may be able to help you in planning for the protection of your hard-earned assets. Attorney Seth Schlessel, an experienced Long Island, NY asset protection attorney, and our team of estate planning lawyers will take a careful look at your financial situation and recommend options that fit your needs.

Contact us today at (516) 574-9630 to schedule a free consultation.

To determine the best asset protection and property management strategy for your specific situation, it is important to consult a competent attorney who can conduct a thorough financial evaluation and tailor protection measures to meet your needs.

There are several common types of asset management strategies to consider, including:

  • Trusts: Irrevocable trusts are a popular method for protecting assets by transferring ownership of assets and property from an individual to a trust. This shields them from potential creditors who can only sue for assets under the individual’s legal control. A trustee manages the trust for the beneficiaries, ensuring proper oversight. It is advisable to consult an experienced trusts attorney before making any decisions as various trust types exist.
  • Medicaid Asset Protection: Those with medical conditions necessitating long-term care should consider Medicaid asset protection planning. Qualifying for Medicaid requires meeting strict income thresholds, often forcing individuals to spend their assets to become eligible. Once qualified, a look-back period applies, during which financial statements are scrutinized for irregularities. Additionally, Medicaid estate recovery rules allow deductions from the estate to cover long-term care expenses post-death. To maximize the benefits of a Medicaid asset protection trust, consult a Long Island Medicaid planning attorney.
  • Power of Attorney (POA): Assets of a person declared incapacitated are effectively frozen. For individuals at risk of incapacitation due to health, injury, or age, a binding POA helps manage assets via a proxy. This ensures continued ownership and spares loved ones’ legal difficulties when accessing frozen assets. Selecting an agent who shares your goals is crucial, as the fiduciary power granted is substantial and can be damaging if misused.
I would recommend Seth Schlessel to anyone I know who needs a top-notch Eldercare Lawyer. Seth's caring, compassionate manner as well as his wealth of knowledge and professionalism far exceeds any other lawyer that our family has used. As our family navigated it's way through an extremely difficult time Seth was always available for us. His expertise in Medicaid, and all eldercare laws made it so easy for us to handle the highly emotional side of things without having to worry about anything else. He was so patient with us, answering any questions we had, even ones that not necessarily had to do with anything legal. We feel extremely lucky and blessed to have Seth in our lives. He was not only our lawyer, but he became our friend. The words to sum up what Seth means to our family are he is our HERO AND PROTECTOR!

When is the Right Time to Explore Asset Protection Measures?

The best ‘time’ to start planning for asset protection is before you need it. Asset protection involves being ten steps ahead of potential sources of liabilities that may jeopardize the ownership of your assets.

Most people think that asset protection is only done when people have already reached an advanced age, meaning, you’d have to be elderly before initiating the asset protection process. However, like any good insurance plan, you will only realize the benefits of proper asset protection planning once you need it. By the time a claim has been made on your asset, any measures to reduce losses may be too late.

Safeguarding your assets means keeping up to date with your life milestones too. When you enter a new stage in your life, it is beneficial to consider the possible financial repercussions and act accordingly to minimize risk.

Even if you think that you don’t have enough assets to warrant undergoing asset protection measures, it is still helpful to take a pause to evaluate your current situation. One lawsuit may be all it takes for you to suffer significant asset loss. Without the proper strategies in place, it may be too late for any asset protection measure to be beneficial. Consulting with a skilled asset protection attorney is crucial. Our team of attorneys at Schlessel Law, PLLC may be able to help you find the right strategy that will fit your needs.

To schedule a consultation, call us at (516) 574-9630.

Asset Protection Attorney Seth Schlessel Discusses How to Determine the Best Asset Protection and Property Management Strategy for You

The best asset protection strategy is one that is tailored specifically to your needs. A competent attorney should conduct a comprehensive evaluation of your finances before suggesting options. The right kind of asset protection for one person may not be the best fit for another.

One of the most common ways to protect your assets is to put them in an irrevocable trust. Creditors would only be able to sue you for assets that are under your name and that you legally control. Once you have established and put your assets and property into an irrevocable trust, ownership of the assets and property will effectively transfer over to the trust. Control over the trust will then be passed over to a trustee who will take over management of the trust for the beneficiaries.

Just as there are many ways to protect your assets, there are also many types of trusts you can use for this purpose. Before making a decision, it’s important to talk to an experienced trusts attorney.

Schlessel Law PLLC provides comprehensive estate planning services to clients in NYC and beyond. Our team of experienced attorneys has years of experience in protection estate planning and trust creation. We work closely with our clients to create customized estate plans that meet their unique needs and goals.

At Schlessel Law PLLC, we understand the importance of protecting your assets and planning for the future. Our team of experienced attorneys specializes in estate planning, asset protection, and business planning. Contact us today to schedule a consultation.

Individuals who have medical conditions that may require long-term care in the future might want to explore Medicaid asset protection planning. 

In order to qualify for Medicaid, an individual’s household income must fall within the median threshold for the state. This is often a very prohibitive amount and many individuals find themselves having to spend down their assets just to meet the qualifications. Once you avail of the government benefit, you would still have to contend with Medicaid’s look-back period. In New York, this look-back period lasts up to 5 years and your financial statements would be evaluated for any irregularities. Medicaid estate recovery rules also allow them to deduct the cost of your long-term care from your estate after you have passed. 

To get the maximum benefit of a Medicaid asset protection trust, it is crucial to seek the help of a Long Island Medicaid planning attorney.

When a person is declared incapacitated, all of the assets under their name will be considered effectively frozen. For individuals at risk of being declared incapacitated, perhaps due to a medical condition, injuries due to an accident, or advanced age, having a binding power of attorney can further minimize risk. A power of attorney (POA) is a flexible tool, the creation of which can be initiated by an individual even if they are not a lawyer. Through a POA, you will still be able to manage your assets through a proxy acting in your capacity. A POA can help you retain ownership of your assets. Your loved ones will also not have to sort through legal trouble just to be able to access your frozen assets.

An important aspect to consider when deciding on an agent who will act in your stead is to make sure that you and your agent are in agreement about your goals regarding your assets. Being given the fiduciary power to decide on an incapacitated person’s behalf is a significant matter. In the wrong hands, a POA can do more damage than good.

Of course, there are legal ways to safeguard against ill intent from an agent. Even if you can create a POA on your own, it is best to discuss your options with a skilled estate planning attorney. An estate planning attorney would be able to guide you through the process of creating a POA and ensure you are not giving away too much responsibility over your assets more than what is necessary.

Whether it is creating a trust, drafting a POA, or Medicaid planning, it is beneficial to get the advice of a qualified asset protection attorney. At Schlessel Law, PLLC, our team of estate planning attorneys has committed their practice to helping individuals who are aiming to protect their legacy for their loved ones.

To schedule a consultation regarding estate planning or asset protection, contact us today at (516) 574-9630.

What Are the Benefits of Consulting an Asset Protection Attorney for Your Living Trust?

Why Consult an Asset Protection Attorney to Secure Your Estate?

What are the benefits of using Life Insurance Trusts for Asset Protection?

How Can a Lawyer Help You Protect Your Assets from Creditors?

What Asset Protection Trust Strategies Can an Attorney Provide?

How Can Asset Protection Attorneys Safeguard Your Wealth and Personal Assets?

What Role Does an Asset Protection Lawyer Play in Creditor Protection?

Why Consult an Asset Protection Lawyer for Inheritance and Trustee Concerns?

How Do Attorneys Safeguard Assets Through Trusts for Heirs?

How Can an Attorney Assist with Estate Planning and Trust to Protect Your Assets?

How Does Irrevocable Trusts Preserve Legacy with the Help of a Law Firm?

How Does Asset Protection Relate to Inheritance?

What Role Do Asset Protection Attorneys Play in Safeguarding Beneficiary and Heirs?

What Strategies Can You Use to Protect Your Assets?

How Do Attorneys Provide Essential Legal Services for Safeguarding Assets?
How Do Lawyers Facilitate Asset Protection Trusts?
What Is the Role of an Asset Protection Attorney as a Trustee in Estate Planning?
How Can Attorneys Help Protect Your Assets?”
What Is the Role of an Attorney in Establishing Protection Trusts for Your Assets?
How Can a Lawyer Assist with Asset Protection?

What are the benefits of setting up irrevocable trusts for asset protection, according to asset protection attorneys?

How do lawyers specializing in asset protection ensure the safety of personal assets from creditors?

What is the role of a living trust in asset protection law?

How do the laws of protection trusts affect the process of inheritance?

How can heirs protect their inheritance through asset protection trusts?

What is the relationship between powers of attorney and protection trusts in terms of asset protection?

How can an asset protection attorney assist in protecting my wealth from potential creditors?

What makes a protection trust an effective tool in asset protection according to law?

How does an asset protection counsel advise to protect assets using protection trusts?

Why is it important to hire an asset protection attorney when dealing with asset protection trusts?

How can an asset protection trust aid in the protection of personal assets?

Can an asset protection attorney guarantee the protection of my assets?

How do asset protection attorneys interpret the law to provide the best protection for their clients’ wealth?

What are the benefits of engaging an asset protection counsel when dealing with an asset protection trust?

How does the law influence the effectiveness of an asset protection trust?

How can a protection attorney aid in setting up a living trust for asset protection?

What laws should I be aware of when considering asset protection trusts?

How can an asset protection counsel help me secure my wealth for my heirs?

How does an asset protection attorney ensure the protection of a client’s asset within a trust?

What are the differences between asset protection attorneys and other types of lawyers in terms of protecting assets?

How can a life insurance trust be used for asset protection?

What are some benefits of setting up life insurance trusts for wealth preservation?

Can an asset protection lawyer help me construct a strategic estate plan involving various types of trusts?

How does the law treat different types of property within an asset protection trust?

What are the responsibilities of a trustee overseeing an asset protection trust?

How can asset protection laws benefit individuals with considerable wealth?

How can heirs protect their inheritance through proper asset protection strategies?

When should one seek legal services from a law firm specializing in asset protection?

How can powers of attorney be utilized in an asset protection strategy?

What are the key legal services provided by an asset protection lawyer?

How can a lawyer help in ensuring that assets are properly protected within an asset protection trust?

What role do attorneys play in managing the wealth and legacy of their clients?

What should one look for when hiring asset protection lawyers?

How do asset protection attorneys help clients protect their assets?

What are the differences between an attorney, a counsel, and a counsel lawyer in the context of asset protection?

How can lawyers help individuals and businesses to protect their assets?

What strategies can an asset protection lawyer use to shield assets from potential creditors or lawsuits?

What is the role of a lawyer in setting up and managing an asset protection trust?

How can an asset protection lawyer help to secure a client’s wealth and legacy for future generations?

How does a lawyer provide counsel on protecting assets within the confines of the law?

What services do asset protection attorneys typically provide?

How can an asset protection lawyer assist me in protecting my assets?

What is the role of asset protection counsel in protecting wealth?

What kind of assets can be protected by an asset protection attorney?

How does asset protection differ from regular legal protection?

Are there any specific strategies that asset protection lawyers use to protect assets?

Can you explain how asset protection works?

What makes asset protection lawyers different from other types of lawyers?

How can I ensure my assets are protected by an asset protection lawyer?

Can a counsel lawyer also provide asset protection, or should I specifically seek an asset protection lawyer?

How can asset protection attorneys help businesses in protecting their assets?

What steps do asset protection lawyers take to protect my assets?

Can an asset protection counsel prevent my assets from being seized in a lawsuit?

How often should I consult with my asset protection lawyer to ensure my assets are protected?

How do asset protection lawyers ensure the protection of my assets in the event of bankruptcy?

Is it possible for assets that were thought to be protected to be seized?

What are some common misconceptions about asset protection that asset protection attorneys often have to clarify?

Can an asset protection lawyer provide protection for both tangible and intangible assets?

How early should one start protecting their assets with the help of asset protection lawyers?

How do asset protection lawyers handle the protection of assets across different jurisdictions?

How does an attorney specializing in asset protection differ from a general practice lawyer?

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Who Can Benefit From Asset Protection Measures?

A good asset protection plan allows you to be updated and conscious of your financial situation. As such, anyone can benefit from asset protection planning. Some professions or people who have businesses in certain industries are at a higher risk of lawsuits than others, however. For example, individuals in high-stakes professions such as doctors or real estate agents may be more likely to have lawsuits filed against them due to the nature of their work. People who have accumulated a great deal of wealth through their businesses are also among those who are at higher risk.

Regardless of your profession or net worth, consulting with a skilled asset protection lawyer can help you bring to light liabilities or risks you may not know exist. Individuals who have health conditions that may cause them to need long-term care can benefit from a Medicaid asset protection trust. Those who would like to pass their assets on to their loved ones without worrying about the risks involved in the probate process or want to be exempt from paying estate taxes may want to look at creating an irrevocable trust or a living trust.

You may think that having a good, legally binding will is all there is to an estate plan. However, having a will does not protect the legacy you want to leave to your beneficiaries from creditors who want to put a claim on your assets while you are still living. Estate planning also involves ensuring that you will be able to enjoy the fruits of your hard work as you age, without worrying about the risk of creditors trying to attach to the assets you’ve accumulated.

Our team of skilled Long Island estate planning attorneys at Schlessel Law, PLLC have helped many families safeguard their future through our asset protection services. We offer qualified legal counsel and may be able to assist you in navigating your options.

Contact us today or fill out our online form to schedule a consultation regarding your estate planning or asset protection needs.

Seeking The Help Of An Experienced Long Island, NY Asset Protection Attorney

Working hard to accumulate assets is the first step to a brighter future for you and your family. The next step is to ensure that your assets are protected for your future benefit. Navigating the law surrounding asset protection and the many asset protection options available can quickly get overwhelming. We may be able to assist you with both asset protection and estate planning.

At Schlessel Law, PLLC, we offer qualified elder law, estate planning, and asset protection services to residents of Long Island. We are here to help you find the appropriate asset protection strategy that applies to your specific financial situation. We exercise transparency and care in developing our personalized programs for the best interests of our clients.

To schedule a consultation with Seth Schlessel, an experienced Long Island asset protection lawyer, call us today at (516) 574-9630.

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