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Re: Digest Number 524

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> I did find a way to protect most of my real assets, though. I plan on

> setting up a family trust and putting my house and any valuable property

in

> it, so at least they will be protected from litigation, as the trust, not

me

> or my husband, will own the assets. Of course, this doesn't protect us

from

> having wages garnished, but at least we wouldn't be homeless.

Kathy, a family trust is something that I believe many people should have

today. It allows your estate to pass to your heirs without going through

probate and depending on how it is set up can be a great help in deferring

estate taxes for a long time. It does need to be updated periodically as

laws change and that is an added cost. You also should have all your assets

within the trust which some people find burdensome.

Whether it will protect you against a lawsuit of not is a different matter.

While legally the trust owns the assets, you-the owner-control them. In a

lawsuit any good attorney will follow the money and if it looks like you are

hiding assets within a revocable trust, they definitely will attempt to

attach those assets. Don't forget that a family trust is a revocable trust

where you can add or take from the trust at will.

I believe that in a business situation that a corporation will give you more

protection. A corporation is also a separate entity that holds your business

and as long as you treat it as such, you should have more protection. I

agree with Jules that, yes, you can be sued as well as your corporation, but

if you follow the rules you would have to be found guilty of fraud or gross

negligence for your personal assets to be attached. If you don't follow the

rules and treat the corporation like something you own then it would be easy

for an attorney to go after your personal assets. I have a corporation and I

don't find it that much extra work. True, you have to file an extra tax

return and there are some other documents to file, but there are also many

tax advantages from a corporation.

Regardless of how you set up your business or attempt to hide your assets,

there is no substitution for insurance. If you are named in a lawsuit and it

is obvious that you either used a corporation or trust or any other way to

avoid getting insurance, you will pay the piper.

Pat.

Peace, Joy, Serenity

House of Scents tm. Body Oils, Fragrance Oils, Incense, Candles, Soap, Etc.

pat@...

http://www.houseofscents.com/

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In a message dated 12/29/01 9:16:09 AM Pacific Standard Time,

achil@... writes:

> . I have a corporation and I

> don't find it that much extra work. True, you have to file an extra tax

> return and there are some other documents to file, but there are also many

> tax advantages from a corporation.

>

I have to agree with Pat. We have incorporated our business and I believe it

was a good move for several reasons. We choose to have an accountant that

prepares both our personal and business taxes and he has been a tremendous

help and is well worth the cost, which is not that much by the way.

Angie

The Herbarie...Visit us at:  http://www.theherbarie.com for Body Care

Products and Bulk Ingredients...Botanical Extracts and Proteins, Ultra-Mild

Surfactant Blends, Conditioning Emulsifiers.

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Hi all,

Well, it looks like I don't qualify for RLI, as I buy in bulk and re-bottle

and sell under my own label.

I did find a way to protect most of my real assets, though. I plan on

setting up a family trust and putting my house and any valuable property in

it, so at least they will be protected from litigation, as the trust, not me

or my husband, will own the assets. Of course, this doesn't protect us from

having wages garnished, but at least we wouldn't be homeless. Even better,

my husband's uncle sets up trusts for his living, and has offered to barter

labor from my husband (an electrician), and some of my oils for the service

(which would be greatly discounted, anyway).

I will continue to search for general business insurance coverage, with

product liability included, but the family trust was something I wanted to

do for estate planning anyway...I just hadn't thought about it in a few

years.

Uncle also said, as one of you who replied to me pointed out, that

incorporating no longer shields you from liability. My accounted said the

paperwork would be incredible if I incorporated or set up a limited

partnership, or such. Hardly worth the effort for a business I work for

free for (someday I'll make money!). lol

I also read a government page yesterday that said that product liability

suits have dropped over the last 10 years by over 70%, and that the average

payout was less than $25,000, not including legal fees. So, while we still

live in a lawsuit-happy society, people generally don't sue over a rash.

Meanwhile, I'll also make sure I label my products correctly and just try to

do it right to cover my butt.

Thanks for your input. I look forward to reading more about this and really

appreciate your replies.

Peace,

Kathy O.

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>>Regardless of how you set up your business or attempt to hide your

assets, there is no substitution for insurance.<<

Absolutely, Pat! Speaking as someone who's currently in litigation

I can tell you that having a liability company that you know will

really go to bat for you is woth every penny you'll spend for

coverage.

Barger

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