Quote from @Don Konipol:
There seems to be three “camps” of opinions and experiences when it comes to asset protection.
1. Asset protection doesn’t work, any entity veil can be pierced, you’re fooling yourself if you think you’re protected. The only thing that may work is insurance.
2. The best asset protection is hiding your assets; second best is hiding your ownership identity behind numerous entities
3. Holding EXEMPT (from bankruptcy forfeiture) assets, holding assets in exempt entities (retirement accounts, pensions, IRAs, in some states insurance and annuities), homestead exemption, remote entity protection (LLC, Serial LLC, Corporations, Limited Partnerships,) Asset Protection Trusts, using separation of assets for married individuals (in certain states) charitable remainder trust, etc. can be very effective though can be costly.
We have heard from all three camps in this thread. While all the posts have at lease some legitimate points, I personally believe camp 1 is missing the opportunities present to protect assets under US law mostly because they don’t either understand asset protection, or don’t want to bother with it, so rather than do a proper evaluation they dismiss it as something that won’t work to justify their unwillingness to entertain the idea.
Camp 2 is deluding themselves - which delusion has been enhanced by charlatans writing books, giving seminars, and selling packaged plans all of which either attempt to hide your assets or hide the ownership of your assets. And, 20 years ago, IF you were willing to break US laws, it had a good chance of working. But, now laws are much stronger, identity much more difficult to hide.
I will say however, that there may be an indirect benefit to not APPEARING to hold many valuable assets. If someone is looking for candidates to sue, having the appearance of wealth can make you a target. And while someone paying a professional to do a detailed and relatively costly search may be able to ascertain your wealth status; a superficial search would probably leave the potential plaintiff believing you lacked the assets to make a lawsuit worthwhile.
I agree with the op that for the most part the idea of privacy as an effective or meaningful concept in asset protection planning is a fallacy.
But the idea that folks are of different “camps” in asset protection planning is unfortunate as it is not a useful dialogue IMHO.
From my perspective, as a California litigation attorney for nearly 35 years, most folks completely focus on the wrong things, especially if they have never seen the inside of a courtroom.
The op has posted from the perspective of a property owner seeking protection from tort type liability claims. This is only one area of real estate that should be addressed, and it typically involves premises liability/property management type claims. Real estate involves far more than this activity depending on whether you are a developer, wholesaler, property manager, flipper, lender, broker/agent, etc. The issues regarding asset protection in real estate differs depending on, among other things, one’s activities. There is never a one size fits all asset protection planning strategy. Doing nothing may be correct for one person, and engaging in a complicated entity structure may also be correct for another person depending on the situation.
Each real estate investor/professional has different risk tolerances, different levels of savvy, different abilities in terms of bookkeeping, different estate plans, if one has an estate plan at all, and different relationships. From what I have seen, it is more common for a litigation claim to arise from a partnership relationship, employee relationship, or other business relationship than a claim by a tenant against a property owner. Privacy is of zero help in these situations.
Litigation claims commonly arise from situations where resentment in a relationship builds or when individuals get into situations they don’t understand and don’t read and understand the documents they sign. Missing from the kind of back and forth typical of this thread is the importance of not letting resentment build and understanding the transactions and relationships folks get into. How many folks with complicated entity structures sign contracts containing broad obligations to indemnify and hold harmless don’t even read the language because “it is standard”.
So it is unfortunate that folks break out into camps in these kinds of discussions. So much is missing for anyone truly wanting to learn about asset protection planning IMHO.