Post-Nup, Asset Protection

THE SITUATION

A Tolleson Wealth Management client, Mrs. Y, is a 40-year-old daughter of a very wealthy mother and an only child. She is married to Mr. Y, a man that owns a variety of real estate investments. Most of his real estate consists of self-storage units across the state of Texas. He also races motorcycles for fun.

Because Mrs. Y has inherited substantial wealth from her mother, she became very concerned about protecting her financial assets from the claims of her husband’s creditors.

THE SOLUTION

To help her address this issue, Tolleson Wealth Management worked with both Mr. and Mrs. Y and their attorneys to draft and execute a post-marital agreement that partitions most of their assets into separate property.

Each significant real estate asset is owned in its own limited liability company, and the limited liability companies are the husband’s separate property. We counseled the couple to file separate income tax returns, and we created a maintenance process to ensure that none of their separate property assets are commingled. We also updated the family’s insurance coverage to provide an extra layer of protection.

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