Episode Transcript
[00:00:00] Did you know that sometimes it's simply too late to protect your property for asset protection?
[00:00:17] Hey, I'm Joe Siegel. I'm your real estate asset protection attorney here in Orlando, Florida. And I want to talk to you today about red light, yellow light, and green lights when it comes to asset protection. So there's a thing called fraudulent conveyances in the state of Florida and most states, and fraudulent conveyance occurs when someone has moved their property out of their name in an attempt to hide it from potential or known judgment creditors, people who are getting ready to sue them, or people who have sued them to get a lien against them. So there are different times when it's the, the best time and the worst time and sometimes a so so time to move those properties around out of your name. So I like to talk about that in green lights, yellow lights and red lights, just like a traffic light out there. So a green light time, a perfect time to be doing asset protection planning, to be moving your properties around, is before you ever start doing anything that could ever subject you to any liability, before you become a doctor, before you become a cpa, before you become a lawyer, before you become a real estate invest or a developer. That's the best time, of course, to do all of your asset protection planning and put things into different containers to keep them separate from you and separate from each other. And of course, land trusts would be part of that, that strategy. But you've got to keep in mind that unfortunately, before you get into any of those professions, you usually don't even have any assets to protect.
[00:01:51] So you, there's really not a whole lot of thought given to how you're going to do any asset protection when you're just starting out in your profession. So then that brings us up to the yellow light. Yellow light is a time when, yeah, you're already practicing as a doctor, you're already practicing as a cpa, or you've already started signing contracts for construction as a developer, you're moving on as a lawyer and starting to get some clients, but you're still working for someone else.
[00:02:20] And in that case you're probably not going to be sued directly because you may be working for another company. However, you're starting to get a lot more active out there in the business world and people are starting to see you and know you and you're starting to make some money. You're starting to get a little deeper pocket. That's a yellow time. That's the yellow light that you need to start doing your asset protection. You definitely need to start thinking about it harder. You need to start thinking about these other properties that you may own and how you've titled your cars and how you have insurance and liability insurance on, on, on yourselves and your family and how you're protected. You need to start thinking about that in the yellow light time because at that point, things that you do to protect your assets are probably going to be okay. A court's going to look at it and go, it's fine what you did when you did it, because you were not imminently about to be sued by anyone.
[00:03:15] Now, of course, one of those yellow light times is before you go out on your own or when you first go out on your own, you decide you get that entrepreneurial paralysis and you go, I'm going to jump out there and I am going to start my own business. You definitely 100% want to be thinking about asset protection as you're starting that new business. Say you're a physician and you decide you're going to start your own practice or you're going to start a side practice, or you're a CPA and you're going to go off on your own or a in with a partnership, or you're a real estate developer and you decide, hey, I can do this on my own. I've got my own license, I can do it myself. At that point you go, I'm going to start my own business and do this myself, or I'm going to bring in some partners.
[00:04:02] 100%. You're in the yellow zone and you need to be doing asset protection planning as you are setting up all that new business structuring that you're doing. And that's not just setting up that business for asset protection. You need to also have an attorney who is looking at everything else that you have and going, okay, these are all assets later that may be taken if something goes wrong in these businesses that you're getting ready to start. So you can still set up everything at that point. It's a little iffy in the future. It depends on how soon you may get sued after you do that, or whether you had already signed contracts for personal guarantees. Maybe you already signed a lease with a personal guarantee for your new office space, or you'd bought a building and signed a more mortgage with a personal guarantee for your new office and your new business, or a surgical center or whatever you may be doing, and you've already signed those, you're starting to get into the red area. If all of a sudden you start moving all of your assets around. So the red zone is the red light. Stop, don't do it. Is you already know, okay, I signed a personal guarantee for a loan that I know my company will never be able to repay, but I need the money to carry me through. I've signed this contract and I know it's probably going to default. I'm going to default on it because there's no way I can possibly keep it up or you've been performing under these contracts for a while, but all of a sudden there's been an economic downturn and you know things are going to start going sideways, but you've still got enough cash to carry you through for another year or so. So during that year, part of the money you spend is on a lawyer like us to start moving things into asset protected containers away from you and away from each other. So that when this goes bad, when that business deal goes bad, those things will no longer be yours. However, you're in the red light zone at that point, it's a little bit too late to start moving things around when you know it's already going sideways or even worse yet, you've received notice that you're about to be sued or you have been sued, it's really too late at that point. That's the purple light that is so red you, it's gone purple. You should not be moving anything at that point. Anything that you do move, just understand that if you lose that lawsuit, they are going to, the court is going to be able to pull all of that back into you and take it to satisfy your, your judgments that may be entered against you. So the best time to do asset protection planning is definitely before you ever start doing any kind of activity, business activity or other activity that could subject you to a lot of liability, potential liability. The next best time is right when you're starting into that you're starting your business and you're starting to accumulate assets and that business is Starting to grow 100%, you are in the yellow zone. And you need to be seriously thinking about your asset protection strategies and working with a lawyer, with your CPA and others to make sure that all of your assets are being containerized away from each other and away from you. But again, once you enter that red zone, once you know you're about to be sued, you know you've signed some very big agreements that there's a very good chance you will be sued about.
[00:07:27] Anything like that has been done. If you do it within usually about two or three years before the actual lawsuit occurs.
[00:07:38] If they win the lawsuit, the court, the judge is most likely going to say, those are all fraudulent conveyances. We're going to pull all of that back in and make it part of your estate and we're going to require that it be sold to satisfy these judgment creditors that you were fraudulently trying to conceal this property from, from their judgment so that they couldn't take it. So always keep in mind your green zones, your yellow lights and your red lights whenever you're talking about asset protection. Always keep in mind when you're getting ready to sign something that you may be getting ready to hit that red light zone. And you may need to start talking to another lawyer before you ever sign that agreement or before you move into that next business deal. And again, we're always here for you if that ever arises. Just give us a ring and we'll take care of you.
[00:08:26] Thanks for listening to this edition of Trust this. If you got something out of it, please press like and subscribe and give us a five star review to help us reach others who can benefit from this series.
[00:08:35] Until next time, keep aspiring to a better life.
