Wednesday, March 9, 2011

Daley Center Post Judgment Proceedings: Citation to Discover Assets

The most common mistake I keep on hearing about are Defendants getting their bank accounts frozen and their money taking after a judgment takes place. A judgment is essentially a ruling by the Circuit Court of Cook County at the Richard J. Daley Center that a Plaintiff is entitled to a certain amount of money as a measurement of damages.

I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and do not know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney can anticipate a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated Defendant is a Defendant that is more financially secure.

Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Daley Center Post Judgment Proceedings: Citation to Discover Assets

The most common mistake I keep on hearing about are Defendants getting their bank accounts frozen and their money taking after a judgment takes place. A judgment is essentially a ruling by the Circuit Court of Cook County at the Richard J. Daley Center that a Plaintiff is entitled to a certain amount of money as a measurement of damages.

I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney that anticipates a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated a Defendant is a Defendant that is more financially secure.

Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, March 8, 2011

Are You Judgment Proof? What Happens When You Have A Judgment?

A judgment is a lawsuit that was successful. A judgment enables a Plaintiff to perform certain actions against you or your business in order to collect the money that is owed to them. In Cook County, Illinois, a judgment is enforced in Room 1401 of the Richard J. Daley Center. The purpose of Room 1401 is to coordinate Citations to Discover Asset's proceedings. Essentially, a Plaintiff must file appropriate paperwork and give notice to the Defendant to show up. A Defendant is sworn in under oath and is asked a series of questions. These questions are essentially designed to find out whether you have any money that the Plaintiff can take. These assets include bank accounts, business interests, real estate, cars, personal property, accounts receivable and other assets.

In Illinois, a Defendant has a $4,000 personal property exemption, which means that a Defendant can protect up to $4,000 of personal property without the Plaintiff seizing this money/assets. For example, a common asset that is frozen is a banking account. If you own a checking account with $5,000, you have a legal right to exempt $4,000 in personal funds. Anything above $4,000 may legally be seized by the Plaintiff. Practically speaking, a Plaintiff will issue a Garnishment Citation to your Bank and your bank will set aside all of your monies in your bank account. The Plaintiff is entitled to every penny unless you file appropriate paperwork at the Circuit Court of Cook County in a timely manner.

After a judgment occurs, typically thirty days will go by and the Plaintiff will begin collecting against your bank accounts. As a rule of thumb, a Defendant should be aware that the Plaintiff will try to surprise them and freeze their bank account. Thus, a Defendant should be careful about writing checks because the checks will bounce and NSFs and bank fees will be substantial. The good news is with an attorney, you can get a court order to force the Bank to waive the Bank fees if your funds are protected by federal and/or state law.

Moreover, when a judgment occurs, a lien automatically is placed on any real estate that you own in your personal name. This is one reason it is important to have a Private Land Trust set up. A Private Land Trust prevents a judgment from attaching to your real estate. However, you cannot fraudulently transfer your house or investment property into a Private Land Trust to prevent a judgment being attached to your property when proceedings are occuring. Preventing a lien against your property interest is important because you must pay off all liens prior to selling your real estate. Therefore, a lien may prevent you from ever being able to sell your real estate without paying off a lien. At first glance, many people desire to pay off their bills. However, there are times when it is simply impossible to pay your judgment off. I had one particular client that desired to settle his judgment until he realized that the interest alone on his case was over $5,000 per month. It simply was impossible and impractical for him and his wife to pay this judgment. Fortunately for them, they had hired my law firm to protect their assets. Our asset protection plan worked as planned.

Sean Robertson is an Asset Protection Attorney for Physicians, Dentists, and Business Owners. If you need an asset protection attorney, Sean Robertson is happy to assist you. Sean Robertson may be reached at (312) 498-6080.

Charlie Sheen & Unexpected Lawsuits

The world is witnessing an interesting display to say the least involving Charlie Sheen. The case involving Charlie Sheen entails an important lesson, which is a lawsuit often times occurs at an unexpected time. In Charlie Sheen's case, there is no insurance that one can purchase that protects one from a breach of contract claim. This is important to remember because most business professionals and physicians assume that insurance is the answer. Unfortunately, in many instances, insurance is not available.

I represented one physician that got a huge judgment against him and his insurance policy did not cover a claim for breach of fiduciary duty and fraud. I know it sounds like a breach of fiduciary duty and fraud claim is difficult and would not apply to you. The truth is these are fairly common claims and a physician should not assume these claims would not apply to yourself.

Asset protection is vital prior to a conflict or litigation matter. I just got off the phone with an attorney that is threatening a fraudulent transfer lawsuit against one of my clients. My client allegedly transferred assets of his corporation individual prior to filing bankruptcy. This technically is a fraudulent transfer because it was intended to defraud, hinder, or delay payment of a creditor. Obviously, my client may claim that this transaction is not a fraudulent transfer and was finalized for adequate consideration. Adequate consideration means that the sale of the business was done for fair market value.

In conclusion, asset protection is critical for business owners, physicians, and dentists. In many cases, physicians are afraid of malpractice lawsuits, which is a legitimate concern. However, the unexpected lawsuit such as Charlie Sheen's example is much more likely. A breach of contract or partnership disputes are the most likely examples of unexpected lawsuits.

Sean Robertson is a corporate and asset protection attorney concentrating in estate planning, business law, and asset protection for physicians and dentists. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Friday, March 4, 2011

Physician Real Estate Ownership

The ownership of real estate is a vital issue for Physicians because real estate in your personal name may result in a lawsuit that threatens you and your family's financial future.

There are several ways to own real estate in Cook County, Illinois. The first and most common method for married Physicians is tenants in common, which is a joint form of ownership where upon your spouse's death, the surviving spouse inherits the house. From an asset protection standpoint, this is extremely problematic because a lawsuit or judgment against one party may result in forfeiture of your home. This is a problem because a husband or wife or partner may face problems, which threaten the other's legal title to the real estate.

The second method of real estate ownership in Chicago is tenancy by entirety, which is for married couples. The downside to this real estate ownership is upon one spouse's death, the surviving spouse does not inherit the remaining interest in their house. Tenancy by entirety is the most common method of real estate ownership when estate planning attorney's title a home. Tenancy by entirety is solely for your primary residence, which means that you and your spouse reside at this address. Tenancy by entirety is popular among estate planning attorney's because one spouse's lawsuit or malpractice case does not affect the other spouse unless both spouses are involved in the lawsuit. The downside to this form of real estate ownership is liens and judgments still may attach as a lien against your home like your mortgage. Unlike a mortgage, tenancy by entirety ownership prevents liens from being foreclosed if it only involves one spouse that got a judgment. With tenancy by entirety, it is important to have a proper estate plan because the surviving spouse does not automatically inherit their home.

The third way of owning real estate is a Private Land Trust. I personally love to structure real estate as tenancy by entirety that is owned by a Private Land Trust. The advance of this approach is the weakness of tenancy by entirety is liens may be placed against the title, which encumbers the legal title of your real estate. A Private Land Trust solves this problem because liens and judgments do not attach to Private Land Trust in Illinois.

In conclusion, Sean Robertson is an Asset and Estate Planning Attorney in downtown Chicago that counsels his Physician and Dentists clients on their customized estate and asset protectiong goals. Unfortunately, insurance is insufficient to provide adequate asset protection because often times a litigation need that arises that insurance does not cover or you are inadequately insured.

Sean Robertson is a graudate of DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Wednesday, March 2, 2011

Family LLC and Physicians

A family Limited Liabiilty Corporation (LLC) is an excellent asset protection planning tool for Physicians and Dentists. A family LLC is a term, which is simply describing an LLC that is owned by a physician and his/her family.

A family LLC differs with a normal LLC because a Family LLC utilizes voting and non-voting membership interests. With a normal LLC, the owners of the LLC own one type of stock-voting stock/membership interests. The purpose of a Family LLC is asset protection. A Family LLC is similar to a Family Limited Partnership except that a Family LLC is simplier and less complicated.

The concept behind a Family LLC is to convert an individual asset into a business asset that is owned by multiple parties other than just the Physician. For example, Adam is a Surgeon and his wife, Sue, own a Family LLC, which owns their CDs, Mutual Funds, and Stock portfolio with Adam and Sue owning each 1 percent of voting Stock in AS, LLC and each own 48 percent each as non-voting stock while their adult children each own 1 percent of non-voting stock in AS, LLC.

Under the above scenario, the goal is to transfer assets that are at a high risk from being seized during a lawsuit or a judgment. The goal is simple, which is to change the title of the assets and make those assets untouchable in a lawsuit. With multiple people owning the LLC, a creditor would have a difficult time collecting the assets owned by AS, LLC.

Furthermore, with a Family LLC, the sole rememdy that a creditor has is a charging order, which gives the creditor the ability to receive any distribution that the Physician would receive. Thus, the creditor has a tax liability because they are responsible for paying taxes on any profits from any distributions that were assigned to them that should have gone to the physician. This creates a big liability for the creditor and gives the creditor an incentive to go away or settle the dispute for a small sum of money.

The true goal of asset protection is to place your assets beyond the reach of a creditor. Thus, you want the creditor to avoid any collection activities because the payment of attorney's fees and their costs exceed the liklihood of any collection efforts.

Sean Robertson is an Asset Protection Attorney for Physicians and Dentists in Cook County, Illinois. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, March 1, 2011

What is the difference between a Living Trust and a Private Land Trust?

A Living Trust is an estate planning legal tool, which is similar to a will in that you name a Trustee and beneficiaries. Unlike a will, a Living Trust offers privacy and a smooth transition upon your death. A properly funded living trust avoids probate court and the hassles associated with a will. With a will, one must undergo probate court because any item that is in your individual name must be probated unless it is a written contract.
Thus, a living trust does not provide asset protection benefits, but rather it is an estate planning legal tool.

In contrasts, a Private Land Trust is a good asset protection tool because liens and judgments do not attach to a private land trust. A private land trust holds limited asset protection benefits and estate planning benefits. For married couples in Illinois, a Private Land Trust is an excellent legal tool. Holding your residence in a Private Land Trust as tenants by entirety will make it virtually impossible to penetrate this legal structure unless you and your spouse are jointly sued. Often times, I advise couples against placing the corporate entity in both of your names for this reason. A private land trust also allows limited estate planning benefits because you designate a beneficiary. Thus, you have a written contract that appoints a beneficiary upon your death.

Sean Robertson is an Asset Protection and Estate Planning attorney in downtown Chicago. Sean Robertson can be reached at 312-498-6080.

What is Physician Asset Protection?

Physician asset protection is a legal concentration designed to protect the assets of a physician from legal risks such as professional malpractice concerns or breach of contract litigation or partnership disputes.

The key to successful asset protection is advanced planning. Advanced planning is key because advanced planning reduces the liklihood of any claims that you attempted to defraud your creditors. A key component of asset protection is planning against future creditors.

A future creditor is a creditor that has not materialized yet. Thus, the key is you should not have an active malpractice or litigation matter. For most Physicians, malpractice exposure is not the most significant legal risks.

In most cases, the most significant legal risks is a partnership dispute or a breach of contract or fraud case. I know you are thinking that you would never be involved in a fraudulent matter. However, it is easy to classify a litigation matter as fraud or conversion. Generally, a fraud or conversion claim enables a Plaintiff to seek punitive damages and attorney's fees.

In my experience, a good asset protection plan protects your home, any real estate or vacation property, and your bank accounts and significant stock holdings. For different Physicians, the simplication or complexibility of your asset protection plan may differ depending on your marriage status, your desire for a simple or complex plan, or your potential legal exposure.

Sean Robertson is an Asset Protection Attorney for Physicians and Dentists. Sean Robertson is based in downtown Chicago, Illinois, which is in Cook County. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Friday, February 25, 2011

Set Up Your Asset Protection Plan Before Filing a Lawsuit

Today's blog is about the importance of setting up your asset protection plan before commencing or beginning a lawsuit against another party. The first rule when one sues another party is that the Plaintiff should expect the possibility of a counter suit.

A counter suit is essentially a lawsuit being filed against the Plaintiff. For example, I have one client who is a physician that sued other physicians for violating their non-compete agreement. In return, the physicians filed a lawsuit against my client and his former business partner. The end result was a $1.6 million judgment against my client.

Fortunately, my client had performed asset protection legal services. Typically, the beginning process is to properly set up your home. This is done by placing your house into a Private Land Trust. A private land trust is a strategy in Illinois that does not allow liens and judgments to attach to the real estate. This is one (1) helpful tip.

Sean Robertson is an estate and asset protection attorney for Physicians and Dentists. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Thursday, February 17, 2011

Malpractice and Asset Protection

Malpractice is a major concern for Physicians and Dentists because a major malpractice case may jeopardize the financial assets of a Physician or Dentists. Often times, malpractice insurance policies are limited to the first $1 million and in major medical malpractice cases, $1 million in insurance coverage is insufficient.

Asset protection is critical for Physicians and Dentists because of the perception of big pockets. Plaintiffs and their attorneys are finding new strategies and theories to enhance their pocket, which is increasingly scaring Physicians and Dentists.

Asset protection is not fraud but it is re-titling of one's assets to minimize the liability exposure of a Physician or Dentists's assets. A Family Limited Liability Corporation (LLC) or Irrevocable Trust are common techniques to reduce the liability risks of a Physician or Dentists.

Sean Robertson is an asset protection attorney based in downtown Chicago. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, February 8, 2011

5 Asset Protection Tips for Physicians

Here are five (5) Asset Protection tips for Physicians.

1. The first tip is make sure your primary residence is properly protected with your spouse/partner. This is the most important because in case of litigation, people's major concern is their house. Your house is important because it represents more than money. Rather, your house represents your family, your stability, and your future. You protect your house in Illinois by transferring your house into a Private Land Trust. A Private Land Trust is a way to own property where liens and judgments do not attach. This is important because if a lawsuit is filed against you and they are successful, a lien cannot be placed against your house. If you are married, your house should be titled inside the private land trust as tenancy by entirety.

2. The second tip is understand what assets are affected in case of a lawsuit. Any balances in checking accounts, savings accounts, mutual funds, stocks, bonds, and personal property are subject to the lawsuit and judgment. This means these assets are particularly vulnerable to lawsuits. Assets that are protected are retirement accounts, cash value life insurance, and annuities.

3. The third tip is make sure any investment or vacation property are properly protected. A Limited Liability Corporation (LLC) is an excellent way to title your real estate to insulate it from claims of your creditors (other than that piece of property). Creating an LLC is like creating a fictional person that owns the property interest.

4. The fourth tip is have an appropriate Living Trust that provides for your family in case of a disability or death. A Living Trust is a private document that dictates your wishes upon your death. Unlike a will, a Living Trust avoids the pain and agony of probate court.

5. The fifth tip is create a Family Limited Liability Corporation (LLC) to hold your vulnerable assets discussed in Paragraph 2. A Family LLC is an asset protection tool, which places your vulnerable assets beyond the reach of future creditors. This is important because it is difficult to collect on a judgment against a Family LLC. Physicians should use a combination of a variety of asset protection strategies.

Sean Robertson is an Physician Asset Protection Attorney based in downtown Chicago. Sean Robertson may be reached at 312-498-6080. Sean Robertson practices in Cook, Dupage, and Will Counties.

Wednesday, February 2, 2011

Top 5 Estate Planning Tips for Physicians and Dentists

In this blog, we will discuss the Top 5 Estate Planning Tips for Physicians and Dentists.

1st Tip: The first tip is to have a Living Trust. A Living Trust is a device that transfers your assets into your Living Trust in case you or your spouse become disabled or unable to make decisions for yourself. This is important because a properly funded Living Trust will avoid court procedures and probate court. Unlike a will, a Living Trust is a private document because there is no court procedure and there is a smooth transition upon your death or incapacity.

2nd Tip: Make sure your principal residence is titled in a Private Land Trust. For married couples/partners, it is important to have your house as tenants by entirety. Tenants by entirety provides asset protection in case you, the Physician or Dentists, has a lawsuit or judgment against you. Titling your primary residence as tenants by entirety allows you and your wife to avoid a creditor from forcing the sale of your primary residence. The benefit of a Private Land Trust is privacy and liens and judgments do not attach to your primary residence with some exceptions.

3rd Tip: Make sure your assets are properly titled and outside of your personal name or joint ownership with your spouse or partner. Often times, I see a Physician or Dentists and they have a couple of real estate properties that are owned by them and their spouse or simply by themselves. This is a big "no, no" because an accident on any of the investment real estate properties threatens their financial solvency.

4th Tip: Make sure you and your spouse have a power of attorney for property and healthcare. A power of attorney is a legal document where you appoint a person or multiple people (depending on deaths, etc.) to act as your agent in case you are unable to make healthcare or financial decisions.

5th Tip: Stop waiting to get your estate and asset protection plan completed because you may have a lawsuit or potential lawsuit filed against you, which makes it difficult to properly plan for your estate or asset protection goals.

Sean Robertson is an estate planning and asset protection attorney that counsels Physicians and Dentists on their asset protection and estate planning goals. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville, Illinois.

Monday, January 31, 2011

What is a Living Trust?

A Revocable Living Trust or otherwise known as a "Living Trust" is an estate planning and asset protection tool, which helps provide a smooth transition upon a death or incapacity. Unlike a will, a Revocable Living Trust avoids probate court and guardianship court. A will is a legal document, which distributes your property upon your death. A will does not deal with any planning issues while you are alive unlike a Revocable Living Trust. A Revocable Living Trust is a powerful tool for Physicians and Dentists.

Additionally, a Revocable Living Trust is a private document, which is not public information like a will. Typically, a Revocable Living Trust is coupled with a pour over will. A pour over will is a will, which only is applicable if you did not fully fund your Revocable Living Trust. Thus, a pour over will is a catchall exception, if you purchased an item like an automobile and forget to properly title it in your Revocable Living Trust's name. Often times, clients title new assets without much thought about their Revocable Living Trust. This is why we give our clients a written letter at the Trust Signing, which clearly describes the dos and don'ts for their Revocable Living Trust. Titling of one's assets are critical for your Revocable Living Trust to work as intended. With many Physicians and Dentists, a Revocable Living Trust is vital because it saves a lot of hassles upon death and a lot of money in attorney's fees and costs.

In my opinion, a Revocable Living Trust is a powerful asset protection tool because it minimizes disputes. Asset protection is vital for Physicians and Dentists. Disputes are minimized because privacy protection simply does not give an adversary information to fight. For example, upon a person's death, no mailings are mailed to a disinherited relative like probate court. This invites a family conflict because a certified mailing must occur, which puts the person on high alert. With a Revocable Living Trust, the disputes often times resides because the person simply has no information to take an attorney and an attorney cannot attack the will like a living trust because often times, they have no access to the Revocable Living Trust.

In conclusion, a Revocable Living Trust is an excellent estate planning tool, which should be utilized. A Revocable Living Trust also is a cost-effective item, which reduces family conflicts and often times, a price cannot be put on continuing family harmony.

Sean Robertson is an estate planning and asset protection attorney. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318. Robertson Law Group, LLC has a downtown Chicago Office and Naperville Office.

Thursday, January 27, 2011

Asset Ownership of Real Estate

For Physicians and Dentists, the way they own their real estate properties are vital because potential Defendants see them as large pockets, which are vulnerable. Physicians and Dentists often times falsely believe that a liability or umbrella policy is sufficient for asset protection. A liability policy is good but often times, it is common that Physicians and Dentists are underinsured. Unfortunately, many Physicians and Dentists are ill-prepared in evaluating insurance to know whether they have proper coverage or not. An umbrella liability policy is a cathcall policy that provides liability coverage up to a $1 million or $2 million in case an incident occurs that is not properly covered by their existing policy.

There are several ways to own real estate. The first and most common way is a Physician and his/her spouse own the property jointly. The only home that should be jointly owned is the primary residence. Tenancy by the Entirety is recommended with a Private Land Trust to protect against liens and judgments. The benefit of Tenancy by Entirety is to protect one spouse from the lawsuits, liens, and judgments of the other spouse. Essentially, the creditor that is coming after one spouse cannot foreclose the primary residence if the property is jointly held as tenants by the entirety. One downside to tenants by entirety is the surviving spouse does not automatically inherit the primary residence. This can simply be solved by a revocable living trust, which is an estate planning tool. A Revocable Living Trust is similar to a will in that is disposes of one's property upon death or incapacity. Unlike a will, there is no probate or court procedures upon death or incapacity. Furthermore, a revocable living trust is a private document unlike a will, which is public record.

The second type of real estate ownership is in the personal name. This is exceptionally risky because the property is subject to liens and judgements. Simply put, the purpose of asset protection is to eliminate and minimize (when eliminate is not possible) any liability risks. The downside to real estate being in one's name or jointly held property is the potential Defendant may cease any assets including the primary residence (if not structured right way), money market accounts, bank accounts, business interests, and a personal property to name a few assets. The benefit of incorporating as an Limited Liability Corporation (LLC) is to isolate the claims of the real estate investment property to that particular property.

The third type of real estate ownership is ownership through trusts. Often times, many couples assert that their revocable living trust provides asset protection. This is simply untrue in most cases except in probate avoidance. Owning a property in your revocable living trust is analogous to owning your property in your personal name. The second type of real estate ownership in trust is a private land trust. A private land trust is a common way in Illinois to own real estate where the identity of the owner is private. Private land trust are good but often times, inadequate for physicians and dentists. Private land trust are inadequate because it offers minimal protection and minimal propection oftne times is insufficient for a Physician or Dentists.

In conclusion, asset ownership of real estate is essential for Physicians and Dentists. Sean Robertson has over seven (7) years of asset protection experience and working with Physicians. Sean Robertson deals with lawsuits, litigation, and asset protection on a daily basis. Sean Robertson can be reached at (312) 498-6080 or (630) 364-2318.

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Wednesday, January 26, 2011

Physician Liability Protection Against Partnership Disputes

One of the primary liability concerns for physicians is surprisingly partnership and business disputes. Often times, physicians are concerned about asset protection against medical malpractice claims. This is a legitimate concern, but often times, real estate and partnership disputes pose a greater concern. First, a lot of times partnership or business disputes claim an element of fraud because punitive damages and attorney's fees may be awarded. Second, liability insurand and umbrella insurance policies are often ignored or underinsured.

Asset protection is vital for physicians and dentists. In my experience, most physicians and dentists are ill-prepared for lawsuits and potential judgments. Physicians and dentists are excellent targets for liability concerns because they are viewed as deep pockets.

Sean Robertson is an Asset Protection Attorney for Physicians. Sean Robertson has impeccable credentials as an Asset Protection and is experienced in working with Physicians.

Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318 or Sean@RobertsonLawGroup.com.

Friday, January 21, 2011

Physician Asset Protection

Physician asset protection is a critical subject for physicians, dentists, and chiropractors because litigation jeopardizes one's assets. Ofen times, physicians are concerned about malpractice lawsuits, but the reality is business and partnership lawsuits and real estate/personal injury lawsuits are a greater concern or should be a greater concern.

When I speak of asset protection, I am talking about a comprehensive estate plan along with an examination of your assets and how you own your assets such as real estate, mutual funds, and bank accounts. For example, I represent one physician that is on appeal at this moment where the physician received a $1.6 million judgment against him due to a partnership dispute.

Fortunately, the Physician and his wife employed our legal services and their assets have been well-protected except the Physician has had part of his wages garnished at fifteen (15) percent. The garnishment of wages is tough to stop if you work as a W2 employee. Neverthless, the creditor ended up settling with the second physician Defendant for an undisclosed amount legal fee. My client is well-situated and our only liability risk is a new citation to discover assets. A Citation to Discover Assets is a under oath examination of one's assets where your creditor will ask you about all the assets that you own. Generally, you can have $4,000 in the Bank Account without facing a long-term threat against your assets. In my client's situation, the liability risks are minimal because the client and his spouse are well-aware of proper asset protection.

Sean Robertson is an estate and asset protection attorney who concentrates in representing physicians, dentists, and chiropractors with their unique estate and asset protection goals.

Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, January 4, 2011

Asset Protection for Physicians

Robertson Law Group, LLC concentrates in asset protection, corporate and business structure, litigation, and estate planning for Physicians, Dentists, and Business Owners.

Asset protection is critical for physicians because physicians are often times the target of lawsuits. The purpose of asset protection is to mimimize your liability exposure and give you peace of mind in case a lawsuit does arise. A relationship with an asset protection attorney is critical because planning ahead is critical to properly protecting your business, real estate, and other assets.

Sean Robertson is managing Partner of Robertson Law Group, LLC. Sean Robertson can be reached at 312-498-6080 or 630-364-2318. Robertson Law Group, LLC has offices in downtown Chicago and Naperville, Illinois. Our website is www.RobertsonLawGroup.com.