Asset protection may be an unequivocal validation of Darwin’s survival of the fittest theory. The fittest will maximize everything within their means to continue the struggle to survive and to flourish without breaking the law. The legal jungle is a ruthless environment. Weaklings who cannot withstand the acid test will be ferreted out and eliminated without mercy. The concept of asset protection planning applies to all types of assets. However, negative consequences can result from the failure to protect assets before a financial problem arises, as there might be some creditors who are entitled to remedies under fraudulent conveyance statues (Prescott, supra). Asset protection is a relatively new defensive industry that is rising to meet the challenges posed by the phenomenon known as litigation gridlock, although the rich have practiced some methods of insulating their estate from predators for some time. In North America and Europe, asset protection law is gaining popularity among middle class families and professionals. This keen awareness is perhaps rooted in the fear of the future and the nagging concern for the unexpected, even the inevitable. Asset protection is no longer the exclusive domain of the wealthy. Now, anyone who is working hard and is steadily building an estate to be passed on to the next generation of heirs should know the intricacies of asset protection law.
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