Asset Protection

Asset protection is the murky underbelly of personal finance. Most personal finance blogs never talk about it, and most people really don't spend much time worrying about it at all. Doctors, however, worry about using the best asset protection strategies a lot. In fact, a ridiculous percentage of Continuing Medical Education credit is extended each year for what really boils down to risk management techniques rather than actual patient care or practice improvement. How many times have you heard in a lecture about how and why you should document a visit in a particular way? Exactly. Is that really helping the patient in any way? No, it's just CYA medicine.

What Is Asset Protection?

There is no concrete definition of asset protection, but you will see its practitioners, primarily attorneys, use the broadest possible definition—including tax saving, estate planning, and even investment strategies. You will also see a great deal of fear-mongering. Just like with tax preparation, financial planning, investment management, and insurance, their products (primarily trusts, limited liability companies, and partnerships) must be sold. The key to selling these products well is to first create a sense of need. Stoking fear of losing everything to a malpractice suit will certainly do that. With all the marketing going on, it is VERY difficult to separate fact from marketing here.

Asset Protection Basics for Doctors

Let’s go over what physicians need to know about asset protection. Once you have a grasp of the basics, you can decide if you wish to spend tens of thousands of dollars on the services of an asset protection attorney doing a deep dive.

You Probably Won't Lose Money to a Patient

Doctors have three big fears when it comes to malpractice lawsuits.

  1. They'll lose time, earnings, and sleep. And if the attorney tells them not to talk to anyone about the case, that can introduce isolation, burnout, depression, and even suicide.
  2. They worry that people will think they're a bad doctor, even though the main risk factor for a malpractice suit is simply exposure—the more patients you see, the more likely you are to be sued.
  3. They fear that they will have a multi-million dollar judgment and lose everything for which they've worked so hard.
The truth is that above policy limit judgments that are not reduced on appeal are exceedingly rare. Dr. Jim Dahle has calculated his own risk, now practicing part-time in a relatively doctor-friendly state, at less than 1/20,000 per year. Yours may be higher or even lower than that, but it's far lower than the risk of being disabled, dying early, or being in a car wreck. Combined.

That doesn't mean you shouldn't do what you can to reduce the risk. It's not zero. But it's also not something you should lose much sleep over. While we won't say asset protection attorneys “prey on the anxious,” we all know that anxiety may be one of the most expensive medical conditions there is!

The White Coat Investor’s

Guide to Asset Protection

As you accumulate wealth, you need a way to protect your assets. Check out The White Coat Investor's Guide to Asset Protection, which gives you techniques you can use to safeguard your money while also providing the most comprehensive list of state-specific asset protection laws ever published. Pick up the Amazon best-selling book today and protect your wealth!

Book Available At:
AmazonWCI Store
Book Available At:
AmazonWCI Store

No Asset Protection Plan Is 100% Protective

When it comes to protection, we all like 100%. We like to know we're “protected” from anything bad happening to us. However, when you talk to its practitioners, none of them will ever promise that any given technique is 100% effective. It's all about risk reduction, making you less attractive to a potential plaintiff, and trying to stay out of court where a jury or judge may produce an unexpected result. To make matters worse, nobody really knows what will work until it actually goes to court.

There Is No Step-by-Step Instruction to Asset Protection

It is also frustrating to doctors looking for an easy solution that there is no step-by-step guide to follow. You can't just “Do this, this, and then this and you'll be fine.” It comes down to your own unique risks and exposures, your state of residence, your wealth level, and your own risk tolerance. This makes it very hard to give specific advice.

Asset Protection Law Varies Highly by State

It is really important to understand your state laws with regard to asset protection. These laws are HIGHLY variable, and while you can't necessarily run and hide in another state, protections available in one state may not be available in another.

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Benefits of Asset Protection

There are three main benefits of asset protection.

  1. The first is in the event that things really go downhill and there is a huge judgment against you. The asset protection planning limits what the creditor can collect from you.
  2. The second is prior to the judgment occurring. Good asset protection planning can make it less likely for you to have a large judgment against you in the first place.
  3. Finally, there is a psychological benefit. You get to feel protected. You get to feel like you did what you could to minimize this. Perhaps this decreases your anxiety a bit.

Asset Protection Strategies for Doctors

An adequate asset protection plan and strategies for you may be very simple and inexpensive. Once you have an appropriate asset protection plan in place, you can spend less time worrying and more time taking care of those you care about most: your family and patients.

Insurance Is Your First Line of Defense in Asset Protection

Some might argue that asset protection, at least as much as it decreases the likelihood of you paying for damage you actually caused, is immoral. Well, one aspect of asset protection that makes it easier to pay for damage you caused is to have insurance.

Avoid Fraudulent Transfers

Asset protection works best if set up before any damage occurs, much less a lawsuit is filed. Otherwise, any asset protection maneuvers you do can be considered a “fraudulent transfer.” If you move money from a non-exempt asset to an exempt asset at that point, you should expect a judge to reverse it.

Establish a Business to Protect Your Assets

Many asset protection techniques—such as forming a business entity like a corporation, Limited Liability Company (LLC), Family Limited Partnership (FLP), or trust—are done for business purposes or estate planning purposes. It is less likely that the judge will “pierce” the structure if you have a good reason for forming it besides trying to hide your assets.

Don't Mix Business and Pleasure

Speaking of piercing corporations or LLCs, a frequent argument that is made by prosecuting attorneys is that there is no significant difference between you as a person and you as a business. This is an easy argument to make if you don't keep the finances of the two strictly separate. Do not spend business money on personal expenses, and do not spend personal money on the business. Do not use business assets for personal reasons.

Titling Your Assets Matters

If you are married, in many states you can title a real estate property and perhaps even bank and brokerage accounts as “Tenants by the Entirety.” The idea here is that each spouse owns the entire property or account so a judgment against just one of them cannot take any of it. While it is more gray than it at first appears, I see little reason not to use tenants by the entirety titling if it is available to you.

ERISA Plans Are Great; IRAs Not as Great

Retirement plans in general and in most states are completely exempt from creditors in a bankruptcy proceeding. ERISA plans such as 401(k)s, 403(b)s, and Cash Balance/Defined Benefit Plans are protected under federal exemptions.

Non-ERISA plans like IRAs, Roth IRAs, individual 401(k)s (yes, we know that's unfair), and the fancy California non-qualified retirement plans are governed by state law.

Giving Away Money Still Works as an Asset Protection Strategy

One of the best asset protections you can have is to simply give assets away. If you don't own it, nobody can take it from you. Obviously, you have to avoid fraudulent transfers (and sometimes they can reach back a year or two before the injury). You should also be careful “titling everything in my spouses's name” because the risk of divorce is dramatically higher than the risk of losing assets in an above policy limits judgment.

Asset Protection/Spendthrift Trusts Are Effective, But Cost a Lot

One of the stronger asset protection moves is a spendthrift trust. These grantor trusts have you as both the grantor (person who funds the trust) and the beneficiary.

LLCs May Offer Cheap Asset Protection

Limited Liability Companies are designed to be cheaper and easier to manage than corporations while offering similar protections (i.e., the entity is separate from its owners). This provides both external (personal judgments like malpractice can't get your assets in the LLC) and internal (judgments from the LLC can't get your personal assets) protection. LLCs, like corporations, are at risk of a judgment “piercing the corporate veil” so keep them strictly separate from your personal assets.

The WCI Podcast

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