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Johnston, Allison & Hord, PA

Attorneys in Charlotte, North Carolina

Practices

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Asset Protection Planning

At its core, all estate planning has some element of asset protection.

We meet with our clients to review their assets and discuss their preference on how to have the assets preserved or distributed after their death. We help them ensure that their assets pass to (or are used for the benefit of their) intended beneficiaries and not unintended “beneficiaries” such as the Internal Revenue Service or creditors. Often, the appropriate use of a trust, a limited partnership, or a limited liability company, can mean the difference between having assets available to provide for the lifetime of a child versus making assets available to the child’s creditors. We work with all of our clients to explain their options and help them balance between outright ownership and protective structures to enhance their asset protection.

Representative Experience

  • Advised client to separate different components of an operating business so that the one division operating with a high exposure to lawsuits and potential creditors was separated from the part of the business that owned valuable real estate and equipment.
  • Established multi-generational trust to safeguard family business interests from potential creditors, and successfully defeated transmutation claim of child’s divorcing spouse via forensic accounting.
  • Negotiated premarital agreements for children of controlling owner of family business to ensure validity in both North Carolina and state or country of residence for each child to ensure business interests were protected in the event of the child’s divorce.

Group Members

  • Micah J. Long
    Micah J. Long

    Attorney

  • S. Kyle Agee
    S. Kyle Agee

    Partner

  • Heather G. Carson
    Heather G. Carson

    Attorney

  • Ray S. Farris
    Ray S. Farris

    Of Counsel

  • H. “Morry” Morrison Johnston
    H. “Morry” Morrison Johnston

    Of Counsel

  • David T. Lewis
    David T. Lewis

    Partner

  • Stacy M. Reid Monroe
    Stacy M. Reid Monroe

    Attorney

  • Holly B. Norvell
    Holly B. Norvell

    Partner

  • Lauren S. Martin
    Lauren S. Martin

    Attorney

  • J. Darrell Shealy
    J. Darrell Shealy

    Partner

  • N. “Lucy” Lucille Siler
    N. “Lucy” Lucille Siler

    Partner

  • View All

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Related Practices

  • Business Succession Planning
  • Business Transactions
  • Charitable Planning and Exempt Organizations
  • Construction
  • Elder Law and Special Needs Planning
  • Employment Practices and Benefits
  • Environmental
  • Estate Administration
  • Fiduciary Litigation
  • Litigation
  • Mergers and Acquisitions
  • Nonprofit Entities and Tax-Exempt Organizations
  • Professional Services
  • Real Estate Advisory Services
  • Rezoning and Land Use
  • Taxation
  • Trusts and Estates

News / Events

  • News December 22, 2020
    New Year’s Resolution:
  • Articles November 11, 2020
    Tax Update: Review of the Kaestner Decision
  • Articles November 2, 2020
    Fiduciary Litigation
  • Articles October 28, 2020
    Federal Tax Law Update
  • Articles September 29, 2020
    Benefits of Funding a Revocable Trust in South Carolina
  • News September 21, 2020
    Strategic Business Planning: How to Give and Get More From Liquidity Events
  • Articles September 21, 2020
    Updates in Elder Law and Special Need Planning
  • Articles September 15, 2020
    Nonprofit and Charitable Organizations 2020 Update
  • Articles September 8, 2020
    Spotlight on The SECURE Act
  • News July 9, 2020
    Johnston Allison Hord Attorneys Named in Chambers High Net Worth Guide 2020
  • Articles, News April 21, 2020
    COVID-19 Trusts and Estates Practice Update
  • News August 15, 2019
    Johnston Allison Hord Attorneys Named in Best Lawyers 2020
  • News May 18, 2019
    Johnston Allison Hord Attorneys Named in Chambers High Net Worth Guide 2019
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