Clearwind Estate Planning & Probate Attorneys

Asset Protection

Longmont and Yuma, Colorado, Asset Protection Planning

Asset Protection • Liability Avoidance • Estate and Tax Planning

Protecting your assets, whether from accidental liability creditors, business creditors, public benefits programs such as Medicaid, or other sources of liability, is important but not necessarily easy.  At Clearwind Estate & Probate, our firm has extensive experience in all aspects of asset protection including structure design, the use of business entities such as LLCs, and asset structuring.

The protection of assets usually takes two approaches, working together.

First, investment assets should be held in such a way that one investment asset is not automatically available to satisfy a court judgment resulting from the liability produced by another asset. As an example of this, if an individual directly owns several pieces of rental property, all or any of these properties would be available to satisfy liability arising from a slip and fall by someone on any of these properties.

Conversely, if these properties were each held in a limited liability company, with the individual owning each of the limited liability companies, the only assets that would potentially be available to satisfy the same slip and fall claim would be the property in which the slip and fall happened.

A second often-used form of asset protection is the use of asset protection trusts. Such trusts, formed either domestically or internationally, provide shelter for your assets from claims of unanticipated future creditors.

An individual considering asset protection planning needs to consult counsel experienced in this area as attempted asset protection is usually ineffective against current creditors and potential (future) creditors.

Our firm will help you plan an appropriate asset protection structure, such as:

• Segregating assets with a high potential of liability from other assets using business entities such as LLCs
• Protecting assets under Colorado law
• Protecting assets under the law of a jurisdiction with specific asset protection trust legislation (such as Alaska)
• Protecting assets under the laws of a non-U.S. jurisdiction with comprehensive asset protection legislation (such as The Cook Islands)

Other more esoteric options exist depending on the type of assets you own and the type of liability from which you are protecting yourself.

These options vary widely in their utility for specific purposes under different factual situations. Therefore, it is crucial to receive counsel from an skilled planner with experience in each of these areas.

Clearwind Estate Planning & Probate has offices in Longmont and Yuma, Colorado and have established a solid reputation throughout these communities for our dedication and service to our clients. Contact us for a free initial consultation or case evaluation with an experienced estate planning and probate lawyer.

Free Initial Consultation • Credit cards accepted

Flexible appointment schedule 

Offices in Longmont and Yuma, Colorado

Clearwind Estate Planning & Probate Attorneys

Longmont Office
450 Main Street
Longmont, CO 80501
Phone: 720-204-3662

Yuma Office
201 South Main Street
Yuma, CO 80759
Phone: 970-425-3001

Fax Numbers
Local: 720-207-5958
Toll Free: 866-368-7712

Clearwind Estate Planning & Probate Attorneys has offices in Longmont and Yuma, Colorado and serves clients throughout Northern Colorado in Boulder County, Larimer County, and Weld County, including Longmont, Yuma, Berthoud, Boulder, Broomfield, Dacono, Denver, Erie, Firestone, Fort Collins, Frederick, Greeley, Lafayette, Louisville, Loveland, Mead, Timnath, Wellington, and Windsor CO.