Asset Protection Planning · Illinois
Asset Protection Shield What You've Built Before a Claim Threatens It
For business owners, professionals, and families with significant assets, the question is not whether a legal threat will come — it’s whether you’ll be protected when it does. Brad Plaschke designs Illinois-specific strategies that put real barriers between your assets and potential creditors.
What We Do
Who Needs Asset Protection Planning?
Asset protection is not only for the ultra-wealthy. Any person with meaningful assets and meaningful exposure — business liability, professional liability, personal guarantees, family litigation risk — should have a structure in place before a claim arises.
- Business owners with personal guarantees on business debts or lease obligations
- Physicians, attorneys, accountants, and other licensed professionals with malpractice exposure
- Real estate investors holding property in their personal name
- Individuals with significant liquid assets, investment accounts, or taxable estates
- Parents transferring wealth to children who may face divorce, addiction, or creditor issues
- Anyone with an ongoing or anticipated family dispute involving inheritance
"Asset protection planning must happen before a claim arises. Once litigation begins or a creditor's claim attaches, transfers of assets can be challenged as fraudulent. The window for effective protection planning closes the moment a threat appears."
— Brad Plaschke, Managing Attorney · ARDC #6225854
Strategies We Implement
Illinois Asset Protection Structures
01
Irrevocable Trust
Assets transferred to a properly structured irrevocable trust are no longer owned by you — removing them from reach of your personal creditors. Preserves family wealth and Medicaid planning options simultaneously.
02
Limited Liability Company (LLC)
Holds real estate and business assets separately from personal assets. Properly maintained, an LLC limits your personal liability for business-related claims and provides charging order protection in Illinois.
03
Family Limited Partnership (FLP)
Transfers interests in family assets — real estate, investment portfolios, business interests — to a partnership structure that limits creditor access while maintaining family control and providing valuation discounts for estate tax purposes.
04
Spendthrift Trust Provisions
Protects inherited assets from a beneficiary’s creditors, divorce proceedings, or poor financial decisions. Essential for parents leaving assets to a child with vulnerability to financial risk.
How It Works
Our Asset Protection Planning Process
01
Week 1
Exposure Assessment
Brad evaluates your assets, your specific liability exposure, and the current legal landscape — identifying what needs protection and what structures are appropriate for your situation.
02
Week 1–2
Structure Design
A customized protection architecture is designed — potentially combining trusts, LLCs, and beneficiary structures — integrated with your existing estate plan and tax situation.
03
Week 2–4
Drafting & Formation
Trust instruments, LLC operating agreements, FLP agreements, and any ancillary documents are drafted and reviewed. Illinois formation documents are filed where required.
04
Week 3–5
Asset Transfer & Funding
Assets are transferred into the protection structures — deeds, account retitling, assignment of business interests — with careful attention to transfer timing and fraudulent conveyance rules.
Frequently Asked Questions
Is it legal to move assets to protect them from future creditors?
Yes — when done properly and in advance of any claim or foreseeable threat. Illinois law prohibits “fraudulent transfers” — moving assets specifically to defraud known creditors. However, legitimate estate and asset protection planning undertaken in the ordinary course, before any claim exists, is entirely lawful and widely recommended for individuals with significant exposure.
Does an LLC really protect my personal assets from business creditors?
What is a "charging order" and why does it matter for LLCs?
Can asset protection planning reduce my estate taxes?
How do spendthrift provisions protect my children's inheritance?
What Clients Say
“As a physician, I needed real protection from malpractice exposure beyond my insurance limits. Brad designed an integrated trust and LLC structure that gave me genuine peace of mind. He understood the specific risks in my situation — not just the legal mechanics.”
Dr. M.C.
“Brad moved our rental properties into LLCs and coordinated them with our estate plan. Now our real estate is protected from personal liability and will transfer to our children without probate. One engagement addressed three problems simultaneously.”
Scott & Jennifer H.
“My son had significant debt issues and I was worried about leaving assets directly to him. Brad structured a spendthrift trust that protects his inheritance while still allowing the trustee to pay for his housing and needs. Exactly the solution I needed.”
Marguerite T.
Protect What You've Built
Asset protection planning must happen before a claim arises. Schedule a free review to assess your exposure and understand your options.
Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.