IS THERE ANYTHING YOU CAN DO TO PROTECT YOUR RETIREMENT IN CALIFORNIA?
The short answer is “yes”! Under a little known and misunderstood California Creditor Exemption Statute (California Code of Civil Procedure Section 704.115), Residents of California have a very powerful exemption for private retirement known as a “Private Retirement Trust” or “PRT”. When properly created and implemented, a PRT exempts all identified retirement assets from creditors, including bankruptcies and lawsuits. With proper asset qualification and supportable retirement analytics (i.e., a “Retirement Appraisal”), you can afford yourself the most protective exemption protection for your retirement assets that California has to offer.
For a first glance at both your creditor/risk exposure and assessment for “Exemption Protection Potential” (what you can potentially recharacterize as exempt for retirement), please visit our Exemption Assessment Calculator.
WHO NEEDS A PRT?
- Business Owners and Entrepreneurs
- Professionals (Lawyers, Architects, CPAs, etc…)
- Doctors and others in the medical profession
- Real Estate Developers
- Anyone with major risk exposure to potential law suits or other legal threats.
For a list of California’s current
creditor exemption statutes:
Would you risk your life’s work over an unanticipated and disastrous moment?
Private Retirement Trust
Residents of the State of California largely benefit from the exceptional quality of life and gorgeous landscape that this great State has to offer. However, the task of protecting your retirement money/assets from future creditors and lawsuit predators has traditionally not been one of those benefits. To add insult to injury, California also imposes some of the highest taxes in the nation, is highly litigious and provides little asset protection for its residents. In fact, according to American Tort Reform Foundation (“ATRF”), California was ranked “THE NUMBER ONE JUDICIAL HELLHOLE” in the nation again for 2019 and was noted “for its judges in civil cases to apply laws and court procedures in an unfair and unbalanced manner.” The ATRF Report further states that California has also attained this ranking due to the propensity of California judges and legislators to extend liability at almost every given opportunity…”California courts have adopted novel theories of liability and unique California laws and expansive court decisions have fostered abusive “no-injury” litigation.” The direct result is that California has become a magnet for class action law firms to target the food and beverage market, as well as disability access and new data privacy law violators.