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Trusts & Asset Protection: Secure Your Legacy the Smart Way

Michael L. RutkowskiSeptember 3, 2025

In the realm of estate planning, many individuals concentrate on deciding who will inherit their assets. However, the strategies you implement are equally vital—especially if you wish to shield your property from excessive taxes, legal fees, and creditor claims.

The encouraging news is that with a well-crafted approach, you can retain control and ensure that a larger portion of what you’ve diligently built is passed on to your loved ones.

Why Trusts Are a Powerful Tool

A trust is not just a document; it’s a legal framework that enables you to dictate how your assets are managed and distributed. By establishing the appropriate type of trust, you can:

  • Avoid probate court
  • Maintain privacy regarding your financial affairs
  • Set specific conditions for inheritance (e.g., age limits, requirements)
  • Provide for minor children or dependents with special needs
  • Ensure seamless transitions in the event of your incapacitation

When combined with other asset protection strategies, a trust becomes even more effective.

How Asset Protection Takes It Further

Many individuals are unaware that a lawsuit, unforeseen debt, or even long-term care expenses can rapidly deplete an estate. By utilizing tools such as Asset Protection Trusts (APTs), you can legally safeguard valuable assets, such as your home, investment properties, or business, from these potential threats.

Examples of smart moves include:

  • Transferring real estate into an irrevocable trust
  • Separating personal and business assets
  • Using a Medicaid Asset Protection Trust to preserve eligibility for long-term care
  • Setting up layered trusts to insulate wealth across generations

These aren’t loopholes—they’re smart, legal tools for people who want to plan.

Who Needs to Think About This?

If any of the following situations resonate with you, it’s time to explore advanced asset protection strategies:

  • You own a home, cottage, or rental property
  • You’ve established a business or intend to pass one down
  • You’re worried about potential nursing home costs in the future
  • You wish to safeguard an inheritance for your children or grandchildren
  • You’ve worked hard to save and want to prevent unexpected claims from depleting your assets

Assessing your circumstances can help you determine the best measures to protect your hard-earned wealth.

Start with the Right Partner

You don’t have to pinpoint the exact trust or tool you need—that’s where we come in. The key first step is initiating the conversation.

At Rutkowski Law, we assist families every day in safeguarding what matters most. We’ll work with you to:

  • Review your assets and assess potential risks
  • Develop a customized plan aligned with your goals
  • Ensure your wishes are respected—without adding stress for your loved ones

Let’s take the first step together!

Estate Planning Guide

Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.

Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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Screenshot of Top 10 Estate Planning Mistakes