Legalwiz Wealth Protection Blog

William Bronchick's Wealth Protection Strategies for Protecting Yourself, Your Business & Your Family from Lawsuits, Taxes and Other Financial Disasters

Insurance Doesn't Cover Everything

Insurance is like the robe the doctor gives you to wear when you get a checkup.  Fron the front, you're all covered, but what's hanging out the back?  Your ASSets!

Insurance is your first line of defense, but insurance doesn't cover many things.

Contractual Disputes

Any breach of a contract, promise, warranty or guarantee in your business is not generally covered by insurance.  As a matter of public policy, insurance carriers don't cover such risks.  This would include a breach of warranty on a title insurance policy.  Most sellers assume they are covered for this risk, when in fact it is the BUYER who is insured.  Once the title insurance company pays out the buyer on a warranty claim, they turn around and seek subrogation (sue) the seller.  Surprise!  This is why you should never sign personally on a warranty deed, but instead use a land trust for each property.

--->>> Click here for information on land trusts

Intentional Acts

No intentional act is covered by insurance as a matter of public policy.  If someone claims you did something intentionally, such as an assault, act of fraud, or intentional misrepresentation, your insurance may not cover the claim. 

Claims Beyond the Limits of the Policy

It's great having a million in insurance coverage, but what if you are sued for two million?  Five million?  It seems that nobody sues for small potatoes these days - look at the judge who sued his dry cleaner for $67 million over a pair of pants! 

Don't Cancel Insurance

Don't get the idea that I am saying insurance is NOT necessary, it is; however, it is not enough by itself.The bottom line is that insurance is your first line of defense, so you need to have a plan better than just insurance that includes corporate entities like LLCs, corporations and limited partnerships.

--->>> Check Out the Wealth Protection System

August 29, 2007 in William Bronchick | Permalink | Comments (2)

Beyond the Handshake - How to Invest in Real Estate With a Partner

Working with one or more partners on a real estate deal is frequently a wise decision, if not a necessity. For beginning investors, taking a partner helps offset the risk of even a small investment. More experienced real estate investors may want to take on partners for the same reason, since as the deals get bigger, the risk becomes greater. Furthermore, individual investors can often benefit from the wisdom, experience, and diverse perspectives that partners can bring to the table.

But of course, there are pitfalls to the concept of partnership. Many friendships and even familial relations are ruined due to misunderstanding, negligence, incompetence, or just plain bad luck associated with doing business - not to mention the financial impact of partnerships gone wrong. To avoid these dire consequences, you should always have a formal partnership agreement drafted by an attorney, and you should always establish your partnership as an official, legal business entity.

General Partnership - Just Say No!

A general partnership is established by the simple act of doing business. It does not have to be registered with any governmental body, although it can be formalized with a written agreement. Legally, there is protection for you from the liabilities your partnership creates, which means that your personal assets could come under attack by litigants against your business. Furthermore, your business assets could could be seized for actions related to the misdeeds of your partners. In other words, do not operate as a general partnership if you engage in a continuing business relationship with any partners.

>>> Read more at legalwiz.com

August 26, 2007 in William Bronchick | Permalink | Comments (0)

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  • Pension Plans - Legally Protected from Creditors
  • Insurance Doesn't Cover Everything
  • Beyond the Handshake - How to Invest in Real Estate With a Partner
  • There's Two Parts to An Insurance Policy - Do You Know What They Are?
  • THE LAW IS NOT ABOUT FAIRNESS. IT’S ABOUT TECHNICALITIES!!
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