“The whole world is a court case…and we’re all…defendants” ~ Emma Chase Heidi Clark inherited an IRA from her mother.  She then ran into financial difficulties and filed for bankruptcy protection claiming that the IRA was protected under applicable bankruptcy laws as “retirement account.”  The bankruptcy trustee challenged this characterization – and won, which was […]Continue reading

There are many techniques you can use to protect your assets, from giving them to loved ones to placing them in offshore trusts. It’s important to understand that asset protection isn’t about evading legitimate debts, hiding assets or defrauding creditors. Rather, it’s about preserving your hard-earned wealth in the face of unreasonable creditors’ claims, frivolous […]Continue reading

DISRUPTIVE INNOVATIONS IN ESTATE PLANNING (Electronic Wills) BY THEUS LAW OFFICES A new disruptive innovation is on the horizon in the area of estate planning, namely electronic wills.  An electronic will is one that is digitally (not physically) signed and stored electronically. Traditionally, all parties to a will (the testator, two witnesses and a notary) must [...]Continue reading

Most people – even lawyers – choose to do business in some corporate form, rather than individually, in order to protect personal assets from business liabilities. The most common forms of business entities are corporations and limited liability companies. The choice of entity often depends on which entity offers the best tax attributes for the […]Continue reading

Every person has skin and bones that protect their body from bumps and bruises from the outside world. A corporation or other business entity is no different. In short, a corporation (or limited liability company or partnership) is a legal “person.” The corporate body is supposed to protect the owners from bumps, bruises and liabilities […]Continue reading

(Channelside Services, LLC v. Chrysochos Group, Inc. (La. App. 4 Cir., May 13, 2016)) “The Louisiana LLC Act affords LLCs different and greater protections …compared to Louisiana laws pertaining to creditors of corporate shareholders or partners in a partnership.”   ~Fourth Circuit Court of Appeal,  State of Louisiana The Starter Paul Garfunkel, a Louisiana resident, […]Continue reading