OIW Trust Associates LLC

Representation l Protection l Administration

Protecting Assets

 Going From Rich Man to Poor Man…and Poor Family!

The "BIG #3" Risks That Americans Face Every Day. 
  • EVERY 2 SECONDS ANOTHER AMERICAN GETS SUED!
  • MEDICAID ESTATE RECOVERY-THE LOAN YOU DON'T KNOW YOU HAVE?
  • CIVIL FORFEITURE - GOVERNMENT SEIZURE WITHOUT DUE PROCESS
    Then, after your dead, the blood-suckers take one more whack with…the “Death Tax!”

    Welcome To America!

    EVERY 2 SECONDS ANOTHER AMERICAN GETS SUED!

    The Legal Resource Network reports that 16 million lawsuits are filed in the US every year. That works out to more than one new lawsuit every two seconds... one for every 12 adults each year…year after year. Unless you’re exceptionally lucky, sooner or later your turn will come. You’re not going to like it.

    It’s no fluke that 80% of the world’s lawyers work in the US. That’s where the action is.

    It used to be illegal, but now lawyers actively search for people to sue. They hunt. And when they go hunting, they look for the unprotected. The reason: today, lawyers are allowed to keep a share of all the money they can squeeze out of a lawsuit target—contingency fees.

    So for them, taking your family’s assets means payday. Liability insurance just makes you a juicier target; if they win, your policy is like a check in the mail. And it doesn’t cost any more to file a lawsuit for $20 million than to sue for $200. For them, zeros are free… and very rewarding.

    Whatever the size of your liability insurance, expect the lawsuit to ask for more.

    For you, those zeros can be a matter of financial life and death. One lawsuit could undo a lifetime of work and success. Even if you don’t lose, the cost of defending yourself can be a disaster in and of itself.

    Taking your family’s assets means a huge payday.

    MEDICAID ESTATE RECOVERY-THE LOAN YOU DON'T KNOW YOU HAVE...

    Medicaid Estate Recovery is ready to pounce on your estate...and possibly your executor, personally, for reimbursement of all costs and expenses paid for your care, the loan that most Americans unwittingly enter into when they or their loved ones obtain Medicaid assistance.

    It means that the state can get your home, the cash in bank accounts and other assets. Here’s how it works: those who qualify for (there is no longer an asset test) and receive Medicaid long-term care will have to repay all of the costs for such care. The state will have a claim for any amount of money it spent on that person’s care. When the person dies, the state will file a claim against the probate estate of that individual and can file a lien against the home. The home will have to be sold (or mortgaged) to pay the debt...

    And your executors could be held personally liable!

    Rather than a traditional contract, debt is created statutorily upon receipt of medical assistance. Each state operates a Medicaid collection agency, mandated by the federal Budget Reconciliation Acts of 1993 and 1994. http://thegazette.com/2013/09/13/estates-could-owe-medicaid/#ixzz2s0wJl15Q
       
    CIVIL FORFEITURE - GOVERNMENT SEIZURE WITHOUT DUE PROCESS 

    State and Federal Governments have turned every law enforcement officer into Entrepreneurs to build the Civil Forfeiture Cash Machine!

    The Washington Post, the Guardian, the Institute for Justice, the Heritage Foundation...and US have revealed the egregious Government over-reach:

    Being innocent does not mean that a state has to return your property. The Supreme Court of the United States has held that the “innocent owner” defense is not constitutionally required.

    Furthermore, even in states where you do have an innocent owner defense, the burden is typically on you. Your property is presumed to be guilty until you prove that you are innocent and that your property therefore should not be forfeited. In other words, you must prove (1) that you were not involved in criminal activity and (2) that you either had no knowledge that your property was being used to facilitate the commission of a crime or that you took every reasonable step under the circumstances to terminate such use. And all the while, the police retain your property. To cap it all off, the success rate for winning back property is low. Pragmatic property owners, however innocent, may reason that it is best to cut their losses rather than challenge the forfeiture in court.

    Imagine owning a restaurant for 38 years and working six days a week just to keep the business going – and then watching the federal government drain your bank account even though you did nothing illegal.

    Feds Seize Family Restaurant’s Entire Bank Account-Innocent Owners Fight Back http://www.ij.org/iowa-forfeiture-backgrounder

    SO, YOU THINK YOU ARE PROTECTED?

    Why Creditors and the State Can Get to Assets in a Revocable Living Trust or Family Partnership ...that your trusted “Attorney” put you into, without telling you...

    RULE #1. If you own it, control it, or have control over receiving a benefit from it, it can be taken from you.

    Family partnerships and revocable living trusts DO NOT protect your assets from people with legal claims against you. That’s because although the trust or partnership is a legal entity, for legal purposes you’re treated as the owner of the trust assets...and your LLC or Sub-S Corp does not provide asset protection (refer back to RULE #1).

    The Time To Start Planning Is Before A Claim Arises - For Procrastinators…Late Planning Usually Backfires

    Think about how fire insurance works. If you wait until you smell smoke, it’s too late to get it. But insurance is easy and cheap to get if you get it now, before there’s a problem.

    So when you get bit by one of the “Big 3”, how will you feel…knowing that you knew the risks, knew how to survive them, and did nothing?

    So how do you get protection from the lawsuit and the wealth-grab that sooner or later is likely to show up? And how do you transform yourself into an unattractive target? How do you minimize state income tax on investment income? How do you protect your family and future generations?
     
    By Taking Chips Off The Table

    Taking Chips Off of The Table

    Have you heard of the homeless man who was sued for $1 million? Of course you haven’t. Aggressive contingency lawsuits that are funded by attorneys aren’t filed against people who are uncollectible; they are filed against those with “deep pockets.” If you have assets or are coming into a windfall from a sudden wealth event such as an inheritance, lawsuit, stock options sale, business sale or speculative success like a currency revaluation, there are steps that you should consider to best protect your new wealth against lawsuits, attachment, confiscation, and depletion of cash and assets from unforeseen risks and catastrophic events.

    There’s a gambling saying that goes something like, “If you want to be a winner, you have to walk away from the table a winner.” One time-honored method of reaching this result is to systematically take your chips off the table as you win them, so that your potential for losses stays small and controllable.

    Asset protection planning is all about taking chips off the table in good times, so that you still can walk away from the table a winner no matter what happens in bad times. Those who worry the most about asset protection are those who are the most likely to get sued; self-employed business people, real estate investors, people in high-risk occupations, and people with wealth or who are contemplating it.

    But average folks often get caught up in difficult situations, and thus if you have something to protect then the topic of asset protection crosses your mind during or after the fact.

    Wealth can be a life-changing experience that can improve your life and the lives of those around you, but only if you keep it. Those with more assets are bigger targets for lawsuits. Don’t let your wealth suddenly get stripped from you. Protect your existing assets that you have worked your whole life to accumulate AND protect your anticipated windfall, and you will sleep a little easier knowing your assets are better shielded now, and for future generations.
     
    The Time To Start Planning Is Before A Claim Arises

    For Procrastinators…Late Planning Usually Backfires


    The most reliable way to protect your family’s assets from aggressive lawsuits (and from other hazards that could demote you from Rich Man to Poor Man) is with an Irrevocable Trust, and the best trust system in the U.S. is the Wyoming Qualified Spendthrift Trust in concert with a Wyoming Unregulated Family Private Trust System. Nothing else comes close in power and reliability. You keep investment management control over all the assets while your Trust puts up a brick wall against any attacker.

    With that brick-wall protection in place, you can be certain that your assets are safe. And you lose your attractiveness as a target. Any attacker will know that even if he wins in court, there will be nothing to collect… and he won’t want to waste his time and money.

    Lawsuit protection, Medicaid Estate Recovery avoidance, State Income Tax minimization, and Probate elimination is just the start of a long list of advantages that a Wyoming Trust System can deliver for you and your family.

    Many things you can do will effectively provide asset protection before a claim or liability arises, but few things will afterwards. That’s because what you do after a claim rises could be undone by “fraudulent transfer” law. Moreover, the point at which a claim arises can be earlier than a person might think - it is, for example, usually much earlier than when a demand letter or a process server shows up at the door.

    Asset protection planning after a claim arises is apt to make matters worse; think of it as getting a flu shot while you have the flu… and the flu shot itself making you even more woozy. It is a common misconception that the only thing a judge can do is to unwind a fraudulent transfer, leaving a debtor who unsuccessfully tried late planning no worse off than if he had done nothing.

    To the contrary, both the debtor and whoever assisted in the fraudulent transfer can become liable for the creditor’s excessive attorney fees.

    Learn more by visiting the "Trust in Wyoming" section of this website and reviewing the Knowledge Base and References at the bottom of this page.

    References

    How The $1 Billion Kennedy Family Fortune Defies Death And Taxes-... Protected by a labyrinth of trusts http://www.forbes.com/sites/carlodonnell/2014/07/08/how-the-1-billion-kennedy-family-fortune-defies-death-and-taxes-3/

    Estates could owe Medicaid
    http://thegazette.com/2013/09/13/estates-could-owe-medicaid/#ixzz2s0wJl15Q

    Government Creditors "Picking the Bones of the Poor" and "Sucking the Last Ounce of Blood from the Corpse." Most likely, the farm will have to be sold. Source. Attorney Jeff Marshall, Williamsport, PA

    http://marshallelder.blogspot.com/2010/09/medicaid-death-tax.html 

    Pennsylvania Man Appeals to Court to Avoid Paying Mom's $93,000 Nursing Home Bill
    http://abcnews.go.com/Business/pennsylvania-son-stuck-moms-93000-nursing-home-bill/story?id=16405807

    The Guardian: Attorney general Eric Holder puts halt to warrantless 'stop and seize' tactics
    http://www.theguardian.com/us-news/2015/jan/16/us-attorney-general-eric-holder-policy-prohibits-civil-forfeiture-police

    Civil Asset Forfeiture: 7 Things You Should Know
    http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know

    Institute for Justice: Policing for Profit
    http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture-4

    The Washington Post: Stop and seize
    http://www.washingtonpost.com/sf/investigative/2014/09/06/stop-and-seize/?hpid=z3

    The Washington Post: Government self-interest corrupted a crime-fighting tool into an evil
    http://www.washingtonpost.com/opinions/abolish-the-civil-asset-forfeiture-program-we-helped-create/2014/09/18/72f089ac-3d02-11e4-b0ea-8141703bbf6f_story.html

    Electronic Frontier Foundation: Asset Forfeiture and the Cycle of Electronic Surveillance Funding
    https://www.eff.org/deeplinks/2015/01/asset-forfeiture-and-cycle-electronic-surveillance-funding


    “The only thing new in the world is the history you do not know.” Harry S. Truman

    So we are taking this opportunity to take a fresh look at history for the benefit of the new wave of victims who are now paying upwards of $8000.00 for the privilege of painting a target on their back.

    RUBY MOUNTAIN TRUST, and Virgil and Louise Bates, Petitioners and Appellants
    vs.
    The DEPARTMENT OF REVENUE OF the STATE OF MONTANA, and the State Tax Appeal Board of the State of Montana, Respondents and Respondents.

    http://caselaw.findlaw.com/mt-supreme-court/1434634.html

    American Institute of CPA's
    Corporation Sole Cannot Shelter Pastor From Tax Trouble, TAX TRENDS, by James A. Beavers, J.D., LL.M., CPA, CGMA, Published January 01, 2013

    http://www.aicpa.org/publications/taxadviser/2013/january/pages/trends_jan13.aspx

    IRS Warns of “Corporation Sole” Tax Scam
    http://www.irs.gov/uac/IRS-Warns-of-%E2%80%9CCorporation-Sole%E2%80%9D-Tax-Scam

    Page Last Reviewed or Updated: 02-Nov-2012
    http://www.irs.gov/Charities-&-Non-Profits/Corporation-Sole

    IRS Makes More Arrests from Grand Jury Indictments
    Devvy Kidd
    April 15, 2002

    http://www.devvy.com/lynn_20020416.html

    Devvy Kidd
    http://www.devvy.com/
    http://www.devvy.com/devvybio.html

    Busted For Bad Tax Advice
    Sovereignty Pure Trusts

    http://www.cbsnews.com/news/busted-for-bad-tax-advice/

    Seven are arrested in alleged tax-shelters scheme
    http://legacy.utsandiego.com/news/northcounty/20020418-9999_1mc18taxbust.html

    First Mountain Bank Executives Plead Guilty
    Four former executives of First Mountain Bank of Big Bear pleaded guilty to tax fraud charges, as did the former owner of a Big Bear business that sold anti-tax literature.

    http://articles.latimes.com/2006/sep/27/business/fi-briefs27.3

    The former executives -- Dennis Shollenburg, Hazel Hagy, Brenda Knudson and Vicky Melton -- admitted in their plea agreements that they had charged more than 100 customers $125 to open so-called pure trust accounts in 1997 and 1998. The accounts were opened without Social Security or tax identification numbers to thwart the government's attempts to track interest income.

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