In general, Asset Protection Planning is the process of legally shielding your property from potential creditors, including lawsuits and divorce.
First, we meet with prospective clients to understand their goals, family, and estate. Next, we identify the best legal strategies to protect their assets from potential creditors
In addition, we help clients implement the recommended asset protection strategies to ensure proper use and ongoing maintenance. Our goal is to design a comprehensive plan that is legal, ethical, and effective.
Ultimately, each asset protection plan is tailor-made to fit the client’s goals, risk level, asset types, and tax situation.
Top-rated Nevada attorney Tiffany Ballenger Floyd brings 15+ years of experience designing asset protection + estate plans tailored to each client.
PB Law Co-Founder + Nevada Asset Protection attorney, Tiffany Ballenger Floyd
Tiffany + her team create effective, customized structures to protect real estate, business interests, private investments, and more. Our goal is to reduce exposure to creditors and provide lasting peace of mind.
Read more about our unique approach to the Asset Protection Planning Process…
Asset Protection FAQs
How can you legally protect your estate / assets from lawsuits or other creditors?
We accomplish this through asset protection planning and structuring.
Simply put: Asset Protection planning turns “non-exempt” assets—those vulnerable to creditors—into “exempt assets” that are better shielded from legal claims.
What’s the best state for asset protection planning?
Most experts consider Nevada the top state for asset protection planning. This in large part to Nevada’s favorable trust statutes, asset protection laws, and low-tax environment.
Forbes: Comparing Domestic Asset Protection Trust States
For those considering an asset protection trust, here are several key reasons to choose Nevada:
- Nevada Set the Standard: Nevada pioneered Self-Settled Spendthrift Trusts (DAPTs), allowing you to be both creator + beneficiary—while protecting assets from creditors.
- Control Over Investments and Distributions: Nevada law allows the grantor to manage trust investments and veto distribution decisions. While the grantor can’t serve as the Distribution Trustee, they still retain significant control.
- Tax Friendly: Nevada has no state income, estate, or inheritance tax—making it highly beneficial for trusts and their beneficiaries.
- No Exception Creditors: One of the unique benefits of Nevada is that it doesn’t recognize “exception creditors.” This means that if someone transfers assets into a trust, the trust won’t honor claims from a divorcing spouse or for alimony and child support. This sets Nevada apart from other states, which often allow claims in similar situations.
- Short Statute of Limitations: Notably, Nevada gives creditors only two years—or six months after discovery—to challenge trust transfers, much shorter than in most other states.
- Virtual Representation: Nevada allows “virtual representation,” meaning that living beneficiaries with similar interests can represent unborn or unknown beneficiaries. This makes managing a trust much easier and more streamlined.
- Decanting Provisions: Nevada’s decanting rules let trustees modify irrevocable trusts under certain conditions, offering greater flexibility when making adjustments.
Kiplinger: Murdochs’ Dispute Highlights Benefits of Trusts in Nevada | Kiplinger
What’s involved in asset protection planning – how does the process work?
Top-rated Nevada asset protection attorney, Tiffany Ballenger Floyd, has been helping clients with the structure + design of comprehensive asset protection, business, and estate plans for over 15 years.
She works closely with clients to create innovative + effective structures for various asset types (real estate, private investments, business interests, investment accounts, etc.), with the ultimate goal of minimizing their exposure to potential creditors and other threats, and to provide peace of mind.
We’ll first help our clients maximize their state + federal exempt assets, and analyze their insurance coverage.
Next, our planning team uses a multi-layered strategy to protect your assets. This often includes irrevocable trusts and Nevada Spendthrift Trusts—also known as Nevada Asset Protection Trusts (NAPTs), Domestic Asset Protection Trusts (DAPTs), or Self-Settled Spendthrift Trusts. In addition, we may use business entities like Nevada LLCs to ensure the strongest protection possible.
As a result, when a creditor sues someone with a solid asset protection plan, they often find little—or nothing—within reach, even if they win.
In addition, asset protection planning helps deter frivolous or nuisance lawsuits and lowers your visibility as a potential target.
Finally, it helps reduce out-of-pocket legal fees if you’re sued—or even just threatened with a lawsuit.
When should I start to think about asset protection? Also, what’s the deal with fraudulent transfers?
If protection is a concern, assuming you don’t have a reliable crystal ball, the time is now. We recommend beginning planning long before there is any hint of any potential conflict or lawsuit.
Why not wait? Because it’s too late once a threat is on the horizon. Each state has laws that prevent people from moving assets to avoid creditors. These laws target any ‘Fraudulent Transfer’ or ‘Fraudulent Conveyance‘ —when someone tries to hinder, delay, or defraud a creditor.
Once a creditor is known or suspected, it’s too late to start asset protection—even with a Nevada Asset Protection Trust.
If a court suspects a fraudulent transfer, it can reverse the transfer and order you to turn over assets to satisfy the judgment. Moreover, some states—including Nevada—may impose civil or criminal penalties for violating fraudulent transfer laws.
However, assets properly transferred to a Nevada Asset Protection Trust are generally protected from creditors after two years. Nevada’s laws provide a more favorable timeline, as the waiting period most other asset protection jurisdictions is four years.
Why should I even consider asset protection planning? (I don’t think I’ll be sued!)
Because it’s scary out there! Across Nevada and the U.S., more people are using the legal system to go after others’ hard-earned assets. Each year, millions of lawsuits are filed—many frivolous or settled for more than what’s actually owed.
Awareness is the first step in protecting your estate. Business owners, professionals, and property owners face higher risks simply because of what they do and what they own. Lawsuits continue to rise—and without major legal reform, that trend isn’t slowing down.
Assets can be at risk due to various threats, including:
- Tort claims
- Personal injury lawsuits
- Contract claims
- Claims arising out of a business context (employment law, contract disputes)
- Auto accidents
- Landlord/tenant issues
Do I still need to consider asset protection planning if I have lots of insurance?
Probably. While insurance provides a key layer of protection, it often falls short due to policy limits and exclusions.
Asset protection planning adds a stronger barrier to safeguard your estate and ensure what’s yours stays protected.
Phillips Ballenger’s top-rated attorneys help professionals, business owners, and entrepreneurs build proven, legally-sound asset protection strategies.
Our goal is to safeguard your hand-earned nest egg against potential litigation, judgements, liens, and fraud.