Top Elba, AL Asset Protection Lawyers Near You

Are You Considering Creating and Asset Protection Trust?

If you need to protect your assets from overreaching creditors, you may want to hire an Elba attorney to set up an asset protection trust for you. Such trusts are not permitted in every state and to be valid the trust must meet specific guidelines. An attorney skilled in creating these trusts can advise you on their legality and prepare a trust to meet your needs.

Trusts Can Shield Assets From Creditors

An asset protection trust is a device that separates a person’s liability from certain assets from his or her benefit from the assets. The trust serves to shield assets from creditors or from valuation in a divorce case. Because the protection of the trust makes it more difficult for creditors to collect debts, only a few states allow asset protection trusts. A lawyer familiar with such trusts, their benefits and limitations, can set up the trust within the parameters of the law and ensure your assets are protected.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.