Why Asset Protection Matters: Safeguarding Wealth in Retirement

As Americans approach retirement, preserving the wealth they’ve worked hard to build becomes a top priority. For affluent individuals, protecting assets is not just about maintaining their lifestyle; it’s about helping protect generational wealth, mitigate risks, and help ensure peace of mind.

Asset protection involves structuring financial and physical assets to help reduce vulnerability to risks such as lawsuits, market downturns, or unforeseen expenses. In this blog, we’ll explore why asset protection is essential for those nearing retirement and outline common strategies individuals use to help protect their wealth.

Disclaimer: This content is provided for informational and educational purposes only and does not constitute financial, legal, or tax advice. NJM Wealth Preservation Strategies does not provide investment advisory services or legal/tax advice. 

What Is Asset Protection?

Asset protection refers to strategies designed to legally shield assets from potential risks, such as lawsuits or excessive tax burdens, while fully complying with all state and federal regulations. This planning helps ensure that assets are organized to preserve financial security without engaging in unethical or fraudulent practices.

For retirees, asset protection may include preparing for long-term care expenses, managing investment risks, and minimizing tax exposure.

Who Should Consider Asset Protection?

Affluent individuals nearing or in retirement face unique financial challenges, including:

  • Legal Risks: Wealthier individuals are often more susceptible to lawsuits or creditor claims.
  • Healthcare Costs: Long-term care and medical expenses can deplete savings without proactive planning.
  • Tax Liabilities: High-income households face potential challenges with estate taxes or capital gains taxes.

Why Asset Protection Is Crucial

1. Shielding Wealth from Legal Risks

In today’s litigious environment, individuals with substantial wealth may face higher exposure to legal claims. While legal disputes can arise from various scenarios—such as personal liability or business matters—proactive measures can help mitigate the financial impact.

  • Did You Know? The U.S. Chamber of Commerce reports that litigation costs in the U.S. amount to over $443 billion annually, much of which impacts higher-income households.

Common asset protection tools, such as liability insurance and legal trusts, can help reduce exposure to lawsuits and protect personal savings.

2. Mitigating Market Volatility

Market downturns can significantly impact retirees’ portfolios, particularly if they rely on investment income. Diversification and strategic asset allocation may help reduce risks while aligning financial plans with personal goals.

By working with a qualified professional, retirees can explore options to help reduce their exposure to volatility while maintaining growth potential.

3. Preparing for Healthcare Expenses

One of the most significant risks for retirees is the rising cost of healthcare. According to the U.S. Department of Health and Human Services, 70% of adults over age 65 will need some form of long-term care during their lifetime.

Estimated Costs in 2023:

Financial tools such as long-term care insurance and trusts are designed to address healthcare costs and can help retirees manage these significant expenses.

4. Managing Tax Liabilities

Without proper management, taxes can significantly impact your wealth. High-income households and retirees face distinct challenges when dealing with capital gains, estate taxes, and retirement account withdrawals.

Considerations for Reducing Tax Burdens:

  • Using tax-efficient withdrawal strategies from retirement accounts.
  • Exploring the benefits of charitable giving to help reduce taxable income.
  • Structuring estates to minimize potential tax liabilities.

While proactive planning can help address these issues, consulting a financial professional can help provide additional insights and strategies.

5. Protecting Generational Wealth

Leaving a financial legacy is a top priority for many retirees. Asset protection strategies, like irrevocable trusts and family limited partnerships, can help preserve wealth and ensure it’s distributed according to the retiree’s wishes. These tools can also help minimize estate taxes and shield assets from potential claims by third parties.

Common Asset Protection Tools

1. Trusts

Trusts are widely used to help shield assets and control their distribution.

  • Irrevocable Trusts: Provide robust protection but cannot be altered once established.
  • Revocable Living Trusts: Allow flexibility but may offer less protection from lawsuits or creditors.

2. Insurance Policies

Adequate insurance coverage serves as the first line of defense against unexpected risks. Options include umbrella liability insurance, long-term care insurance, and life insurance with cash value components.

3. Business Entities

For retirees who own businesses, forming entities like limited liability companies (LLCs) can separate personal and business assets, providing additional protection.

4. Asset Segmentation

Dividing assets into different ownership structures or accounts may help reduce risk exposure and help ensure diversification.

5. Maximizing Retirement Accounts

Contributing to retirement accounts like IRAs or 401(k)s not only provides tax benefits but may also offer potential protection under state and federal laws.

Building Financial Confidence in Retirement

Asset protection is an essential component of a comprehensive retirement plan. Proactively addressing potential risks and structuring assets with care for affluent retirees can help safeguard wealth for their lifetime and future generations.

With a focus on personalized planning and professional resources, NJM Wealth Preservation Strategies helps clients explore options for preserving and protecting their wealth. 

Contact NJM today to learn how asset protection strategies can support your financial goals.

Disclaimer

This content is provided for informational and educational purposes only and does not constitute financial, legal, or tax advice. NJM Wealth Preservation Strategies does not provide investment advisory services or legal/tax advice.