Tuesday, June 1, 2010

Malpractice and Asset Protection

For most physicians, asset protection is a vital topic because setting up a business entity such as a LLC, Corporation, P.C., or S.C. does not protect one from malpractice. In particular, surgeons and physicians must plan in advance for a claim to protect their personal and business assets.

Asset protection is not fraud and it is advanced planning using Trusts, LLCs, Corporations, and other strategies to protect your assets. At the Robertson Law Group, LLC, we concentrate on Asset Protection for Physicians, Dentists, and Surgeons.

We can be reached at 312-498-6080 or 630-364-2318.

Friday, April 9, 2010

Personal Guarantees and Lawsuit Protection (Asset Protection)

Personal Guarantees & Lawsuit Protection (Asset Protection)

In these difficult times, many individuals and families are facing increasing litigation risks, which threaten their retirement and economic security. Increasingly, I hear business owners and real estate owners that secured business or personal loans and they personally guaranteed the loans with the bank.

Many people are unaware that legitimate planning can occur to mitigate the risks that people face from foreclosure and business loans' litigation. At the Robertson Law Group, LLC, we have an asset protection niche law practice helping middle American and high net worth families protect themselves against litigation.

The fraudulent transfer doctrine must be well-understood and planned around. The best time to do planning is prior to any lawsuits or any possible lawsuits. If you are a person, family, or business facing lawsuits, contact us immediately at 312-498-6080 or 630-364-2318 or RobertsonLawGroup@gmail.com. Even if you have a current lawsuit against you, you can at least get a second (2) opinion and we will advise you of what the law currently is and whether you have any viable options.

Sean Robertson, Attorney at Law
Robertson Law Group, LLC
312-498-6080 or 630-364-2318
RobertsonLawGroup@gmail.com
www.RobertsonLawGroup.com

Wednesday, February 24, 2010

Citation to Discover Assets and Rule to Show Cause

This morning I am traveling to Markham, Illinois to the Circuit Court of Cook County for a Citation to Discover Asset's Proceeding and Rule to Show Cause. A person gets a Rule to Show Cause when they have obtained a judgment and they fail to appear for the Citation to Discover Asset's hearing.

A Citation to Discover Asset's hearing is a court ordered hearing where the creditor requests information such as bank account information, prior and current tax returns, real estate interests, stocks, bonds, and life insurance among other assets. The purpose is to find out whether the creditor can levy these assets and pay their judgments.

For Physicians, Surgeons, and Dentists, this is an important lesson because this is what occurs when you obtain a professional malpractice judgment. A Citation to Discover Assets is an evasive hearing because many professionals fee lost dignity and embarassment. With proper asset protection, we can structure your estates. Later this afternoon, I will be speaking with a physician about how to properly structure her estate and asset protection plan. The key point is plan prior to a lawsuit is possible.

Sean Robertson, Attorney at Law
Robertson Law Group, LLC
downtown Chicago and Naperville locations
312-498-6080 (all locations)
RobertsonLawGroup@gmail.com

Living Wills, Powers of Attorney, Wills, and Revocable Living Trusts

ROBERTSON LAW GROUP, LLC:
ESTATE AND ASSET PROTECTION LAW FIRM
Attorney and Counselor of Law
312-498-6080 or 630-364-2318
Offices in Naperville and downtown Chicago, Illinois
RobertsonLawGroup@gmail.com

ESTATE AND LEGACY PLANNING

Hiring our law firm will be your first step towards successfully planning to protect your loved ones during your lifetime and beyond. Your package will include several important legal documents that will assist you in accomplishing your ideal giving situation. These documents are a revocable living trust, durable power of attorney for property, durable power of attorney for healthcare, and a pour-over will. Below is an explanation of what each document protects and how it will be utilized during your estate planning process.

Revocable Living Trust: You are a trustor (person who grants or bequests property interests), who will hold legal title to all bequeathed interests for the benefits of those you name (beneficiaries) to receive your bequest. The trustor creates his/her intent to pass his/her property interests (bequests) through this document (trust). The trustor shall name a person to manage the trust once he/she is deceased this person is called a trustee. A revocable trust is a right reserved by the trustor to change, terminate and recover any property interests that have been included in the trust document(s) without upsetting any loved ones or involving a long court process.

Durable Power of Attorney for Property: A power permitted by the trustor that authorizes an agent (whom ever the trustor names) to transact business for the trustor. This authorization would only become effective upon the trustor’s incapacitation or incompetence. The power would consist of making financial decisions, paying the trustor’s debts, and continuing to meet the trustor’s daily financial obligations.

Power of Attorney for Healthcare: A power permitted by the trustor that authorizes an agent (whom ever the trustor names) to transact healthcare decisions for the trustor. This authorization becomes effective upon the trustor’s disability, incapacitation, or incompetence. This kind of document would have made the Terri Schiavo situation more of a private matter between her and her loved ones and not the court system.

Pour-Over Will: This documents works like a normal will, but in this situation most of your assets of your estate are included in the trust; therefore this document will explain what happens to property that does not make it into the trust. For example, personal property such as clothing or a car may not make it into a trust. These simple personal items shall be distributed by this document (will).

Living Will: Living will usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should the principal be unable to give informed consent ("individual health care instruction") due to incapacity. Works in combination with a Power of Attorney for Healthcare.

Saturday, February 20, 2010

Estate and Asset Protection for Physicans, Surgeons, and Dentists

Litigation is increasingly becoming a bigger problem for medical professionals such as Physicians, Surgeons, and Dentists. Patients are quick to hire plaintiff's attorneys, which are happy to represent clients that potentially could make them hundreds of thousands to millions of dollars in contingency fees. Asset preservation is critical because one lawsuit could destroy a Physician, Surgeon, or Dentists. Often times, one believes malpractice and liability insurance is sufficient to cover one's liability risks. Unfortunately, insurance companies are known for denying claims and claiming that your liability risks fell outside of their insurance policy.

A liability risks that most physicians do not consider is partnership disputes. A partnership dispute is a dispute amongst other physicians or business owners. In most cases, each partner or owner owns an Limited Liability Corporation (LLC) in their own personal name. This makes a Physician, Surgeon, and Dentist vulnerable because their personal assets are exposed. Thus, asset protection law is designed to reduce a Physician, Surgeon, or Dentist's liability risks.

At the Robertson Law Group, LLC, we concentrate in setting up Family LLCs, Family Limited Partnerships, Asset Protection Trusts, and other asset protection structures. Sean Robertson is Principal of Robertson Law Group, LLC and he can be reached at 312-498-6080 or 630-364-2318. We have locations in Naperville and downtown Chicago. We are also mobile and able to meet you at your home or business unlike most attorneys.

Friday, February 19, 2010

Lawsuit Protection for Physicians, Surgeons, and Dentists

In today's economy, plaintiff's attorneys are increasingly becoming more creative in finding legal theories to pursue litigation against Physicians, Surgeons, and Dentists. Robertson Law Group, LLC concentrates in providing exceptional legal expertise and experience in counseling Physicians, Surgeons, and Dentists in how to properly structure their bank accounts, their home, investment real estate, and other business ventures.

Often times, I find medical professionals ill equipped and improperly structured. In these tough economic times, people are finding new ways to sue Physicians, Surgeons, and Dentists. You will delay and avoid this real topic, but delay at your imperil. The best time to initiate an asset protection strategy is prior to a lawsuit or possible lawsuit. The Uniform Fraudulent Transfer Act addresses transfers that were designed to hinder, defer, and avoid paying a creditor. A creditor has four (4) years or one (1) year of reasonable discovery of a fraudulent transfer.

A fraudulent transfer is a transfer that has occurred after a perceived threat of lawsuit. Thus, a Physician, Surgeon, or Dentists started an asset protection plan after they realize a potential medical malpractice lawsuit may be forthcoming. There is a blury line on when is it appropriate to start asset protection. Please talk with your asset protection attorney to discuss your unique issues.

At the Robertson Law Group, LLC, we have counseled clients through Citation to Discover Asset proceedings. A Citation to Discover Asset Proceeding is when you have a judgment and you must disclose the ownership of your assets. We also have counseled many clients facing creditor issues and have the experience and knowledge to protect your estate.

Robertson Law Group, LLC offers a free initial home, office, or telephone consultation. We can be reached at 312-498-6080 or 630-364-2318. We are unique in that we will travel to your place of business or home. We understand these issues are sensitive family issues and your spouse should often be involved.

Thursday, February 18, 2010

Lawsuit Protection and Surgeons, Physicians, and Nurses

Lawsuit protection is vital for surgeons, physicians, and nurses. At the Robertson Law Group, LLC, we work with physicians and surgeons prior to being sued for medical malpractice. We also work with physicians, surgeons, and nurses after a medical malpractice lawsuit has been filed. We understand that this is a trying time and you need the understanding and experience of an estate and asset protection law firm.

Asset protection trust and family limited liability corporations are good tools for asset protection. An asset protection trust is generally based either out of the states such as Delaware, Nevada, or Alaska or overseas. Often times, estate and asset protection attorneys get caught up in creating sophisticated strategies that simply do not work or are not practical.

Here at the Robertson Law Group, LLC, we work a lot with business entities and practioners that have been sued for malpractice and business disputes. We are happy to provide you with a free initial consultation by calling 312-498-6080 or 630-364-2318. We have an office in downtown Chicago and Naperville, Illinois. However, we are a virtual law firm in that we can travel to the client where you feel comfortable.