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Exemptions
The next level of Asset Protection involves analyzing any exemptions that are available to be excluded from creditor attack. An experienced attorney needs to look at these exemptions, which include retirement plans such as pension plans and IRAs, 401(k)s, private non-qualified retirement plans in California, homestead exemptions, insurance and annuities. This level also includes marital planning which may involve the re-titling of assets into a structure of ownership where the non working spouse is less likely to be at risk. Many times with persons of high net worth, two different Asset Protection Plans are set up, one for each spouse. This bifurcation can result in much increased protection for the family in general.
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