California Code of Civil Procedure Section 704.115 fully exempts all assets in a private retirement plan (including PRT) from creditors and lawsuit predators as long as those assets have been proven up as necessary for your retirement.  A PRT , which is inside your private retirement plan, holds and manages your assets with attributes that are both flexible and user friendly for business owners.  Unlike traditional retirement planning, such as IRAs which possess statutory limits in its exemption protection under California law, the PRT offers potent exemption protection only limited by what can prove up as necessary for your retirement.  In addition, the PRT allows you to fund your active private assets into your PRT that would not otherwise qualify as appropriate to fund into your traditional retirement plan model.

A PRT is established in three (3) easy steps:

  1. Obtain a Retirement Appraisal, create a private retirement plan and corresponding PRT with Brown & Streza LLP.
  2. Fund your PRT with select appropriate assets, which acts to “recharacterize” those assets as “exempt” for your future retirement under CCP Section 704.115.
  3. Engage Brown & Streza LLP to properly administer your PRT for your year end valuations, benchmark comparisons (plan vs. actual values), annual benefit statements and trust tax returns.