Legal Question in Wills and Trusts in Arizona
My wife is a new nurse and I am a new police officer. In order to protect our assets from frivolous law suits, I was told to form an LLC or a Trust to place my assets. Is this good advice, and which of these, if advised, should I do?
2 Answers from Attorneys
Protecting your assets is important. However, your police department and your wife's employer should have insurance coverage that will protect you if you were to be included in any law suits related to your employment activities. Only activities where you acted criminally, grossly negligent, or clearly outside the duties of your job will not be covered. Check with your human resources department to be sure.
Otherwise, proper estate planning is the best thing you can do. This would probably include a will, a power of attorney, and a medical directive for each of you that would assist your spouse in the event of your death or incapacitation. I would be happy to assist you in preparing any of these documents. Please see my contact information below.
Thank you - and good luck!
-Riley Snow
Attorney
(480) 477-6311
Mr. Snow's answer is quite correct. I would add to that, asset protection is generally not accomplished by a living trust. LLCs and partnerships are used to create layers of protection and if you have a great deal of assets or business in addition to your employment, that would be worth considering. Both of your professions bring you in contact with circumstances that show you must have a durable health care power of attorney, and if you want to protect each other during your lifetimes, and your family, a living trust may be clearly indicated right now, even though you don't have a "big estate."