All Forum Posts by: Brian Bradley

@Christopher Smith that is very strange that you cannot think of a single real estate owner/investor to be sued in 40 years. Real Estate Investing in the most heavily litigated area of law that exists. It reaches into so many other areas of law and life the types of lawsuit complaints are endless. Being a landlord comes with lots of liability, along with owning investment properties. Good job on you for being so lucky. Hopefully you still are set up to protect you, and your assets and legacy you will pass down if you ever are. 

I am an Asset Protection Attorney specifically for Real Estate Investors.

Asset Protection works by taking away the economic incentive for somebody and their attorney to sue you. The reality is that investors will face a lawsuit in their lifetime: it’s not a matter of IF but WHEN am I going to get sued?

A properly established plan performs three primary functions: lawsuit deterrence, settlement negotiation leverage and/or placing your assets out of the reach of a legal opponent.

You do this by:
- Insurance
- Using LLC's
- Combining them with Trusts
- Owning NOTHING personally in your name (the Rich own nothing, but control everything).
- Use separate legal tools
- DON'T FLAUNT YOUR WEALTH

The main ways clients use their planning are:
1. Reducing Fear
2. Deter Lawsuits
3. To focus their Financial & Estate Planning
4. To re-focus their efforts on their money making activity.

I invite everybody from BP newbies trying to get started, to your richest investor to contact me for a consultation. We are all in the investment game together, and will all face the same problems as we grow our assets and legacies. Asset Protection is NOT a one size fits all strategy, but is specific for each person per their current assets, worth, goals, and what they invest in. You must talk to an Attorney who specializes in Asset Protection, not just estate planning, for Real Estate Investors. 

Hello BP members and investors. I am an Asset Protection Attorney specifically for Real Estate Investors. I see lots of questions on this topic about how to structure your companies and protect your investments, but not a specific forum entitled Asset Protection, which is what we are all talking about. 

Asset Protection works by taking away the economic incentive for somebody and their attorney to sue you. The reality is that investors will face a lawsuit in their lifetime: it’s not a matter of IF but WHEN am I going to get sued?

A properly established plan performs three primary functions: lawsuit deterrence, settlement negotiation leverage and/or placing your assets out of the reach of a legal opponent.

You do this by:
- Insurance
- Using LLC's
- Combining them with Trusts
- Owning NOTHING personally in your name (the Rich own nothing, but control everything).
- Use separate legal tools
- DON'T FLAUNT YOUR WEALTH

The main ways clients use their planning are:
1. Reducing Fear
2. Deter Lawsuits
3. To focus their Financial & Estate Planning
4. To re-focus their efforts on their money making activity.

I invite everybody from BP newbies trying to get started, to your richest investor to chime in and ask any questions, and offer up their own experiences and protection plans. We are all in the investment game together, and will all face the same problems as we grow our assets and legacies. Asset Protection is NOT a one size fits all strategy, but is specific for each person per their current assets, worth, goals, and what they invest in. 

Sorry late on coming across this. We do Asset Protection and Series LLC's. Talk to an asset protection attorney that handles Series LLC's. Not every attorney and or estate plan or business structure attorney will be able to advise on this. It is to specialized and nitch. Generally, Just like people incorporate in for example Delaware and use them everywhere, you can incorporate in a state that permits them, for example Delaware, Nevada or Texas series LLC and use it everywhere. Each state would then have a different regulation on what you would have to register when you decide to purchase in that state. But then depending on how you draft the Series LLC and the Trust, depends on what people see when they search you. Talk to an asset protection attorney for REI for more detail, and your CPA for tax questions. 

You CPA, make sure they have a significant part of their practice dealing with REI. If not, then they will not be up to speed on all the write-offs and strategies. Just like different lawyers and doctors, you will have different CPA who focus on different sectors. Make sure they deal heavily with REI's. Different states have different operation and management requirements, and tax advantages. Talk to your CPA about tax benefits of each state to know your financial situation, BUT, also talk to you attorney about your overall plan and asset protection plan. Each state has requirements and different states offer more asset protection and options then others. For example a select few states, only 12, allow Series LLC's such as (Delaware, Nevada, Texas). They offer great asset protection and tax benefits, It really will depend on not just your now, but your growth rate and plan, and that MUST be discussed with your CPA and Lawyer before you decide. And make sure your asset protection lawyer focuses on Real Estate Investors, NOT just an estate planning attorney. Very different. Best of luck. Wish I saw this post earlier.

It depends on your overall investment plan and growth. Talk to an asset protection attorney. Their are ways to keep your name off and shield you and your assets. Rich people do not own anything, they control it. Their names are not attached to it. You do this by asset protection and setting up Companies and Trusts. But only Asset Protection Attorney's wold now how to do this. 

Get set up right. Asset Protection will help protect you and your investment / legacy. This includes not just insurance, but also corporate structure and trusts. The reality is once you become a REI you are advertising your wealth, and you will be sued at one point. So, you are on the correct path. It just has to be structured and done correctly. Not just any attorney will be proficient at Asset protection. So find an asset protection firm to get you set up and protected correctly not when you start, and for growth.

Take the time to invest in yourself first and fix ur financial situation. Keep your name active and keep analyzing and looking for deals. You find good deals and leverage your time, energy and hustle the money will show up to partner up with. But you need to put the fork into yourself first and foremost, and start rebuilding your financial strength. Good luck. Stay positive and focused.

@Shaun Hatton great advise. Thank you for your input. I really appreciate it.

It is NOT full time or forget about it. Their are lots of options to get secondary income from a brokers license. Good job on getting it. 

@Ryan Wood has one strategy, also consider referral's to other agents for 25% commission and then also learn from them. 

Investment wise, what you should do it what your Finance tell you you should do. Look over your finances, and talk your CPA and Lender. What can you afford. Can you house hack? Do you want to live in a live-in-flip? We can't tell you what you can afford and deal with. Only you can. Come up with a plan, learn from experience, talk to you CPA, Lawyer, and Lender. And do something. If one avenue of REI stands out to you now, start their. Most find it easier to learn about what interest them and drives them.