Legal Question in Business Law in New Hampshire
Protecting my Mutual Fund Portfolio from Liability
Right now I hold my mutual fund portfolio as a joint tenant with my wife. Since I am more subject to lawsuit than my wife because of my business activities, I would like to hold the portfolio as literally half hers and half mine, that is, have her half not subject to a claim if I am sued. Is joint tenant the right method to do that? What is tenant in common?
1 Answer from Attorneys
Re: Protecting my Mutual Fund Portfolio /Liability
You are on the right track. While this is a state law issue,
not federal law, and I'm a Mass. law practitioner, I will still
tell you what I understand to be the USUAL case with, shall I say,
shared ownership:
1) joint tenancy (or tenancy by the entirety in a husband and spouse situation)
usually gives both parties an undivided share in the whole; by default, there is
also a right of survivorship which 'trumps' a will and gives the whole thing
to the survivor(s) who are joint tenants when one of the joint tenants dies.
2) tenancy in common is a way to divide up the whole part into smaller distinct
shares, where possible. (Sometimes land can't be legally subdivided, for example).
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Comments for you: a) you can obviously break the accounts into two accounts
each with your own names on them. b) if there's either a high likelihood of attack or
a large sum of money involved, call me to start and I'll refer you to an expert in asset
protection. There are many ways to protect the whole amount from attack by 'creditors'
of either one of you, ranging from simple to exotic. c) If there's a foreseeable attack
that you can identify now, the sooner you call the better!
I arrange homesteading, self-settled trusts, offshore asset protection trusts, and even
some other schemes for people with enough money at stake.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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