Asset Protection for Professionals and Business Owners in New Jersey

Serving Business Owners and Individuals in Princeton, NJ and the Surrounding Areas

Asset protection planning involves making prudent decisions today to protect yourself, your business, and your hard-earned assets from loss due to lawsuits, creditors or bankruptcies. This type of legal planning is especially prudent for professionals and business owners, whose personal assets could be at risk due the nature of their employment.

Statistically and anecdotally, we all know that the number of divorces, lawsuits and bankruptcies is staggering. While no one believes lightning will strike them, wealth created through a lifetime of work, saving and investing can be lost overnight if these forms of man-made lightning do strike. To protect your assets from such disaster, proper risk management strategies should be given careful consideration. These strategies include exempting your assets from the claims of creditors, limiting your liability through legal entities, and transferring your risk through insurance.

Exempting Assets in New Jersey

State and federal laws exempt some of your assets from the claims of creditors. Click here to download a listing of New Jersey’s exempt assets; note that while some states allow you to choose either the state or federal exemptions, in New Jersey you must use the state exemptions and federal bankruptcy exemptions are not available.

Once you have identified the protected asset classes available to you under applicable law, it may be prudent to maximize your protection by converting non-exempt assets into exempt assets.

Limiting Liability for Professionals & Business Owners

Many entrepreneurs operate their businesses as sole proprietors rather than through a legal entity, such as a Corporation or a Limited Liability Company. Whether their business is home-based or in the Fortune 500, these business owners are attracted by the informality of sole proprietorship. They also do not want to incur legal fees to create and maintain a legal entity. However, in addition to other advantages, conducting business through a legal entity may offer substantial risk management benefits.

While lawsuits brought against a sole proprietorship are really lawsuits against the owner’s personal assets, lawsuits against a properly created and maintained legal entity are really lawsuits against the entity’s assets. Nevertheless, the selection of an appropriate legal entity is critical for managing your risk.

Transferring Risk with Insurance

When was the last time you reviewed the details of your liability insurance program with your insurance professionals? Are your policies current? Are the coverage limits adequate and are the deductibles reasonable? Have you scrutinized the policies for loopholes? Remember: the fundamental philosophy of any insurance coverage is to pay a premium you can afford to transfer a risk you cannot afford. Take time to understand both the risks you have retained and the risks you have transferred.

Van Dyck Law Group Client Reviews

“ Fiona and her team made a complicated and potentially difficult process of planning for the inevitable an easy, pleasant and uncomplicated experience. Amazing!”

– Anonymous survey 2

“ The staff was very professional, courteous, and responsive. The process of updating and restating our trusts was less arduous than anticipated. Every question was clearly explained and clarified and aimed at our level of understanding. This was an A+ service.”

– David & Diane of New Providence, NJ

“ Fiona is professional and highly knowledgeable, but what sets her apart is her ability to explain complex legal details in an easy to understand manner. She is friendly and patiently answered our many questions thoroughly. Her staff is equally friendly and responsive. And they accomplished all of this under virtual conditions! Very pleased with our experience.”

– James and Sheri H.- Hopewell, NJ

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