Asset Protection for First-Responders


In September of 2021, California Governor Gavin Newsom signed a bill (SB-2) that effectively undermined our law enforcement’s “qualified immunity” that shielded public officers (i.e., Firemen, Paramedics, Police Officers, Detectives, FBI Agents, etc.) from certain liabilities while on the job protecting their communities. SB-2 is the second bill of its kind, the first being The Tom Baine Civil Rights Act codified in Cal. Civ. Code § 52.1 which also increased the personal liability of these public servants back in 1988. SB-2 amends the Baine Act and further increases the personal liability of officers for violating a civil right whether or not the officer was acting under color of law and designed intentionally to make it even easier to sue officers which could result in personal asset loss.

What can you do?

There are several legal options you can deploy to maximize your protection and minimize your exposure. Considering the elevated risk of liability and exposure inherent in these professions, planning ahead may be the key to protecting your family. The timing you choose to initiate your estate plan is critical. If you wait until after you’re exposed, your attempt to shield your assets could be considered fraudulent and set aside. (Mejia v. Reed (2003) 31 Cal.4th 657, Cal. Civ. Code §3439.05).

An effective estate plan should avoid probate and maximize protection for your loved ones. The most effective means of avoiding the cost and hassle of probate is through a living trust type of planning that is revocable and changeable. Although revocable trusts do not offer creditor protection, married couples can use this type of planning for significant creditor protection at the death of a spouse with Marital Trust Planning (Cal. Prob. Code 18200, 18201, and 19000 to 19403). For immediate asset protection, our firm offers highly specialized and specific planning techniques customized for your specific family makeup and needs.

STRATEGIC PROTECTION FOR
FIRST RESPONDERS


Police
Officers

Fire
Fighters

Paramedics
& EMTS

Air
Marshal

Sheriff
Officer

Highway
Patrol

Detective /
Investigator

Border
Patrol

Fish &
Game

Railroad &
Transit Officer

Special
Jurisdiction

Drug
Enforcement

Essential Plan

A complete estate plan with all essential documents for simple estates. This plan is ideal for individuals or married couples whose primary purpose is to avoid probate and to control distribution to their children or immediate family members.

  • Living Trust
  • Will
  • Guardianship of Minors
  • Durable Power of Attorney
  • Advanced Healthcare Directive
  • Personal Property Distribution Organizer
  • Transfer of Primary Residence to your Trust

$2000 Flat Rate

$1500 First Responders Rate

Legacy Plan

A comprehensive estate plan geared toward protecting assets for younger generations as well as a surviving spouse. This plan is ideal for individuals or married couples desiring to (1) maximize their children or beneficiaries’ inheritance; (2) provide for mixed families; or (3) business owners with diversity of assets.

  • Essential Plan Deliverables +
  • Marital Trust Planning
  • Legacy Planning
  • Special Power of Attorney Planning
  • Final Disposition
  • HIPAA Waivers

$3000 Flat Rate

$2500 First Responders Rate

Need Something More Customized?

Our firm specializes each estate plan addressing the needs of each of our clients. We employ various techniques and plans to customize your plan. Our goal is to maximize your protection from creditors with special attention to the potential tax consequences of your estate plan. An effective asset protection type of planning will include a living trust as well as any of the following strategies (or various combinations of them):

  • Marital Property Agreements changing the character of your property
  • Marital Property Agreements waiving future community property rights
  • Irrevocable Life Insurance Trusts
  • Irrevocable Asset Protection Trusts
  • Use of LLC taxed as a partnership or Family Limited Partnerships
  • Separate Property Trusts
  • Special Gifting
  • Special Trusts for children

Free Consultation


We would like to extend an offer to get a free, no-obligation, 30-minute consultation with one of our estate planning attorneys to answer any questions you may have in general about estate planning or specific questions unique to your circumstances prior to moving forward. To schedule an appointment, simply call the number below.

(949) 421-3030

L.S. Carlson Law

HEADQUARTERS

85 Enterprise, Suite 310 Aliso Viejo, CA