Name
Email
Phone
The Gilbert Law Office provides asset protection services, and promises New York skills for Buffalo bills.
Our Phone: 716-222-0062 : brendan@assetprotecting.com
The Package   Prices From
  How long does it take? / When can it be started? / When will it begin to help or protect me?  

 
Our Initial Consultation
 
Free
1 hour max / Today / Today

At our initial consultation, we will:

  1. Review your assets
    1. Identify the assets of yours we can protect from creditors
    2. Identify ways to save you estate and gift tax liability
    3. Identify eligible assets and methods to escape the long & expensive probate process
  2. Plan how we will fit your assets into asset protection entities and vehicles
  3. Provide you advice on how the various asset protection entities and vehicles work together to create an asset protection plan that fits your needs
  4. Combine modular parts of the following packages to save you money—by reducing our fee for making the asset protection plan and by saving your cash from creditors and the IRS

To schedule a consultation, please click here.


  Our Initial Consultation will lead to recommendations from among the following packages, and possibly identify other work to be done at our hourly rate of $275.

Asset Protection Packages


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DAPT—Domestic Asset Protection Trust

  $2000
8 hours min, varies / Today / Today

This is a "self-settled" trust, meaning that the person who transfers property into the trust (the settlor) is also the beneficiary of the trust. It is also a "spendthrift" trust, meaning that the property inside the trust is protected from the claims of creditors in bankruptcy.

In many states, including New York, domestic asset protection trusts have not been tested by any court. This is a potential risk of using the DAPT--the courts of each state may decide to not honor them. Generally, we do not recommend using a DAPT, except for certain circumstances. A dozen or so states allow DAPTs, and if you reside in them, we may recommend them for your particular plan. If you reside outside of them, they remain a possibility but with risk.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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LLC—Limited Liability Company

  $1250
5 hours min, varies / Today / 2+ Business Days

This is a common business entity form, which many companies have chosen to use as an alternative to corporations. A large benefit of them is the fact that they are easier to run than a corporation, and don't have to worry about shares of stock.

Another great benefit of the LLC in asset protection is that it is one of the charging order protected entities (COPE), known for giving creditors a hard time.

We use a PO Box for our local address for your company, so that you can keep your own address safe from prying eyes. Registered Agent service in New York is available and free forever for companies we make.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Series LLC

  $1250
5 hours min, varies / Today / 2+ Business Days

A twist on the LLC, the Series LLC allows you to make multiple "series" or "cells" of the LLC, each of which is its own legally-distinct LLC for tax and asset protection purposes. Instead of having multiple registered agents, business licenses, and other fees for each of the LLCs, only one is required.

Series LLC legislation has only been adopted in a few states, and therefore a registered agent may be required or desired.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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LP—Limited Partnership

  $1250
5 hours min, varies / Today / 2+ Business Days

This is a less-common business entity form. Like an LLC, they are easier to run than a corporation, and don't have to worry about shares of stock. Often these come up with investment properties: for example, an investor owns 99% of the property as the limited partner, and a management agency owns 1% of the property and runs the property as the general partner.

What is significant about the LP is that it allows the owners of the LP to allocate liability between them in order to insulate the limited partner(s) from liability by making the general partner assume the liability.

We recommend that family members use limited liability entities as the partners instead of themselves to add to their protection and insulation.

A Limited Partnership (LP) is an excellent way to allocate liability and is often used in asset protection planning

We use a PO Box for our local address for your company, so that you can keep your own address safe from prying eyes. Registered Agent service in New York is available and free forever for companies we make.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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LP + LLC—"The Fortress, Limited"

  $2250
8 hours min, varies / This week / 3+ Business Days

In this asset protection module, a limited liability company is created, and then the created LLC is made the general partner of the limited partnership. Therefore, the LLC assumes all of the liability against the LP.

Including a Limited Liability Company (LLC) as the general partner for the Limited Partnership (LP) insulates owners from liabilities on assets

We use a PO Box for our local address for your company, so that you can keep your own address safe from prying eyes. Registered Agent service in New York is available and free forever for companies we make.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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LP + 2xLLC—"The Castle, Limited"

  $3000
12 hours min, varies / This week / 3+ Business Days

In this asset protection module, a limited liability company is created (LLC-GP), and then the created LLC is made the general partner of the limited partnership. A second LLC is created (LLC-LP), and it becomes the limited partner of the limited partnership.

Therefore, LLC-GP assumes all of the liability against the LP.

Including a second Limited Liability Company (LLC-LP) to protect the individual owners allows the flexibility of just changing a contract instead of changing wills to change estate plans

So why make LLC-LP? The LLC-LP allows greater flexibility in how ownership of the assets the LLC-LP owns is divided, as well as protection and more anonymity to each of the owners, and makes additions to the family or exclusions from inheritance easy to do--just a few changes to the LLC-LP's Operating Agreement, as opposed to everyone having to change their will.

We use a PO Box for our local address for your company, so that you can keep your own address safe from prying eyes. Registered Agent service in New York is available and free forever for companies we make.

The price quoted includes up to three hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Family LP—Family Limited Partnership

  $1500
6 hours min, varies / This week / 2+ Business Days

This is a less-common business entity form. Like an LLC, they are easier to run than a corporation, and don't have to worry about shares of stock. Family Limited Partnerships are simply Limited Partnerships where family members are the only members.

What is significant about the Family LP is that it allows the owners of the Family LP to allocate liability between them in order to insulate the limited partner from liability by making the general partner assume the liability. Here, perhaps, parents act as general partners while children as limited partners.

Like the LP, above, we recommend that family members use limited liability entities as the partners instead of themselves to add to their protection and insulation.

We use a PO Box for our local address for your company, so that you can keep your own address safe from prying eyes. Registered Agent service in New York is available and free forever for companies we make.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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New York Registered Agent Services

Annually: $100
For companies we make: Free

Corporate entities are required to have an address in New York state that the Secretary of State can forward legal process served upon the Secretary of State to on behalf of the company. A company based in New York can use their own address if they want to, or they may designated a registered agent to accept that process. A company outside of New York must maintan a registered agent to be in compliance with New York law.

We use a PO Box for the Secretary of State to deliver process to which ensures that anyone reviewing New York public records cannot learn anything about your company or who you have hired as your registered agent. When we receive any mail for you, we will, at your choice:

  1. Scan it into electronic format and email it to you;
  2. Forward it to you (if it is a very large item or you receive a lot of mail, a small postage surcharge will apply); or
  3. Do both of the above.

One other thing—many commercial services look over the Secretary of State's records and send unsolicited mail to companies offering services. We will recycle these and won't forward on their spam letters to you, unless you really want us to.

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QPRT—Qualified Personal Residence Trust

  $2500
10 hours min, varies / This week / 2+ Business Days

This is an irrevocable living trust used to hold real estate for a fixed number of years. After the term has run, it is distributed to the beneficiaries of the trust (which may and often should include other asset planning entities, such as another trust or a FLP.)

It offers significant asset protection and tax planning benefits. There are very few drawbacks to using a QPRT, and any family with children should definitely consider the use of one. It can be included with real estate closing costs—think of it as a homeowner's warranty against creditors.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Equity Stripping Counseling

  $1000
4 hours min, varies / Today / When lien filed; gen. <1 week

Once you have protected assets, particularly real estate, by placing them into an asset protection entity or vehicle, the work is only half done: You have made it hard for the creditor to get to the asset.

A creditor can still, in some circumstances and given enough time, navigate the layers of protection you have built or potentially make claims of fraudulent transfer and attack the asset. If it is a valuable asset, the creditor might decide the fight is worth fighting.

Equity stripping ensures that if a creditor does choose to do so, there will be nothing left to get.

Equity Stripping Counseling is a process by which we identify assets whose value to a creditor could be reduced by having another party get a legitimate lien on the asset for substantially its entire value before the creditor does. "First in time, first in right"—the creditor will be deterred from trying to get a lien on the asset if the creditor knows someone else is ahead of him or her to get the proceeds of the sale.

The price quoted includes up to three hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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PIT—Pre-Inheritance Trust

  $2500
10 hours min, varies / This week / 2+ Business Days

The Pre-Inheritance Trust allows the beneficiary receiving an inheritance to exercise control over the assets prior to the grantor's death, and insulates the assets of the trust from both the grantor's creditors and the beneficiary's creditors.


A diagram of a pre-inheritance trust (PIT) used for asset protection planning.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Special Power of Appointment (SPA) Trust™

  $3000
12 hours min, varies / This week / 2+ Business Days

The defining feature of the SPA trust is the power of appointment. A power of appointment is the power vested by the donor in a person (the donee), now or in the future, to appoint someone or something (the appointee) the power to enjoy certain property. These powers can be general, meaning that the donee can appoint anyone including themself or their estate, as the person or thing to enjoy the property, or special, meaning that the donee can only appoint appointees within a certain class. They can be granted over specific property or granted over all of the property within a trust.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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The Trust Tutor™—Hourly

  $75/hr.

The Trust Tutor™—6-Month

(one hour per month) $300
  Save 33% off the hourly rate / $150! 

The Trust Tutor™—Yearly (1 month free)

(one hour per month) $550
  Save 38% off the hourly rate / $350! 
15 minute increments / Today / Today

The Trust Tutor™ service provides your trustee with the ability to receive advice on the day-to-day running, use and maintenance of your trust at a lower hourly rate than our attorneys require. The advice is reviewed and approved by an attorney before being sent to you, so that you know you can rely on it with confidence. It is an optional service that we highly recommend for new trustees, available hourly or at a discounted rate through a semi-annual or annual plan.

Click here for more details about the service, which is only available on trusts that we create.

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Offshore Trust Counseling

  $1500
6 hours min, varies / This week / 4+ Business Days

We can help you locate a trustworthy offshore trustee to hold title to your assets and give you the protection of other countries' trust laws, which are often friendlier to the asset owners than the creditors.

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Annual Maintenance

  $250
1 hour max / Today / Today

We recommend that you evaluate any asset protection that you have in place annually to make sure that the ways in which you are using the plan and its entities preserves the plan's effectiveness, or after significant changes in the law, regardless of who made the plan. For our clients, we calendar in reminders to ensure their planning accommodates any changes in the law and changes in their assets.

Each year, we send you a questionnaire to see how you have been using the entities created in the plan and if there have been any changes that require accommodating in your plan, then call and follow-up once we receive your reply to see if you have any questions about using the plan.

The price quoted includes up to an hour of customization and consultation on the follow-up call as needed to accommodate any changes, which is enough for most clients' needs each year. Beyond that, time is available at our hourly rates.

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Annual Maintenance + Trust Tutor™—Yearly

  $750
Up to 13 hours of legal service included / Today / Today

If you are enrolled in the Trust Tutor Yearly plan, our Annual Maintenance fee is reduced by $50. This means 13 hours of advice for $750!


Estate Planning


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Power of Attorney

  $200
1 hour min / Today / Today

There are several forms of Powers of Attorney available to grant another person the power to perform certain transactions or made certain decisions for you (the "principal"). These are the broad varieties:

  1. General Power of Attorney, allowing the management of affairs until the principal is mentally unfit, disabled, or incapacitated;
  2. Durable Power of Attorney, which remains in effect even after the principal is mentally unfit, disabled, or incapacitated;
  3. Springing Power of Attorney, authorizing your designee(s) to manage your affairs in virtually all regards in the event of your total incapacitation or lengthy hospitalization;

For each variety of Power of Attorney, the limits of what can and cannot be done for the principal are entirely customizable.

The price quoted includes up to thirty minutes of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Healthcare Proxy and Living Will

  $450
2 hour min / Today / Today

A Healthcare Proxy enables another person to relay your medical wishes to medical staff even if you are unconscious, and ensure that medical personnel act in accord with your desires.

A Living Will provides instructions to your family on arrangements you have made for services after your death—for example, your preferred church and minister if you prefer a religious service, wake, and open or closed casket; whether or not you prefer cremation; any last requests you would like to make; burial arrangements or plots you may have made; preferences for a reception; and any other preferences you may have.

These two estate planning items are occasionally forgotten when making a Last Will and Testament, with some drafters and do-it-yourselfers mistakenly believing these topics should be covered in their Will. The Will has no legal effect until the death of the testator, and even then the bereaved are not likely to look in the Will for the provisions contained in a Living Will.

The price quoted includes up to an hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates.

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Last Will and Testament

  $450
2 hours min / This week / At Execution Ceremony

The Last Will and Testament is offered only to New York residents and will be drafted and executed pursuant to New York law. This price includes Self-Proving Affidavits of your witnesses, to demonstrate due execution even if the witnesses become difficult to find.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Revocable "Self-Settled" Living Trust

  $1000
4 hours min / This week / Today

A Revocable "Self-Settled" Living Trust is a living trust that you create, of which you are the trustee. You may set or change beneficiaries at any time, and upon your death, the assets within the trust pass to the beneficiaries without having to go through probate. Because you are the trustee, you can add or remove assets from the trust at any time.

This is in many ways superior to resolving property under your Will. However, it does not take the place of a Will—it should be used in combination with a Will.

Note that these assets are considered available for purposes of Medicaid eligibility. No revocable living trust should be used for the purpose of qualifying for Medicaid—they are ineffective for that purpose.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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The Basic Estate Plan

  $1500
6 hours min / This week / Today

The Basic Estate Plan is offered only to New York residents and will be drafted and executed pursuant to New York law. It contains all that is recommended to ensure that your wishes are abided by, and all the documentation needed by your family to act for you. It includes:

  1. A Last Will and Testament, indicating to whom your property should be distributed and who will act as executor for your estate;
  2. Self-Proving Affidavits of your witnesses, to demonstrate due execution even if the witnesses become difficult to find;
  3. A "Springing" Power of Attorney, authorizing your designee(s) to manage your affairs in virtually all regards in the event of your total incapacitation or lengthy hospitalization;
  4. A second "Springing" Power of Attorney, authorizing your designee(s) to manage certain of your affairs only in the event of your less-than-total incapacitation or hospitalization, where you control the exact nature of what the designee can and cannot do for you;
  5. A Living Will, to make your medical wishes clear;
  6. A Healthcare Proxy, authorizing your designee(s) to instruct medical personnel as to your wishes should assisted living machinery be required to maintain your life, or in the event of brain death or coma;
  7. A form Letter of Instruction to provide information to your family or a public administrator as to insurance information, burial arrangement and preferences, the location of important documents, the existence of safe deposit boxes, persons to contact, and combinations and passwords to locks.

The price quoted includes up to one hour of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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The Trusted Estate Plan

  $3000
12 hours min / This week / Today

The Trusted Estate Plan is offered only to New York residents and will be drafted and executed pursuant to New York law. It contains all that is recommended to ensure that your wishes are abided by, and all the documentation needed by your family to act for you. It includes:

  1. One or multiple Revocable Self-Settled Living Trusts to hold most of your property and avoid the expensive probate process;
  2. A Last Will and Testament, indicating to whom your property should be distributed and who will act as executor for your estate;
  3. Self-Proving Affidavits of your witnesses, to demonstrate due execution even if the witnesses become difficult to find;
  4. A "Springing" Power of Attorney, authorizing your designee(s) to manage your affairs in virtually all regards in the event of your total incapacitation or lengthy hospitalization;
  5. A second "Springing" Power of Attorney, authorizing your designee(s) to manage certain of your affairs only in the event of your less-than-total incapacitation or hospitalization, where you control the exact nature of what the designee can and cannot do for you;
  6. A Living Will, to make your medical wishes clear;
  7. A Healthcare Proxy, authorizing your designee(s) to instruct medical personnel as to your wishes should assisted living machinery be required to maintain your life, or in the event of brain death or coma;
  8. A form Letter of Instruction to provide information to your family or a public administrator as to insurance information, burial arrangement and preferences, the location of important documents, the existence of safe deposit boxes, persons to contact, and combinations and passwords to locks.

The price quoted includes up to two hours of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Last Will and Testament Codicil

  $200 / $350
2 hours max / Today / Today

These are changes to your Last Will and Testament for return clients. Under New York Law, Codicils to a Will must be executed with the same formalities as a Will to be valid, meaning another execution ceremony and set of self-proving affidavits.

We offer this at a discounted rate off of our Initial Consultation Fee for return clients.

The price quoted includes up to 30 minutes of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates. To learn more, click here.

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Estate Plan Three-Year Evaluation

  $125 / $250
1 hour max / Today / Today

We recommend that you evaluate any estate planning that you have in place every three years, or after significant changes in the law, regardless of who made the plan. For our clients, we calendar in reminders to ensure their planning accommodates any changes in the law and changes in their assets.

We offer this at a discounted rate of half-price off of our Initial Consultation Fee for return clients. For new clients, we charge the same rate as the Initial Consultation Fee, because our review of your plans is essentially equivalent to an Initial Consultation.

The price quoted includes up to 30 minutes of customization and consultation, which is enough for most clients' needs. Beyond that, time is available at our hourly rates.


Debtor–Creditor or Estate Representation


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Initial Consultation for Representation Against A Creditor or Debtor

 
Free

Unlike some asset protection planners or estate planners, especially those who aren't attorneys or who are attorneys but have not been in a courtroom in years, we will use our expertise, advocacy, and trial skills to either defend against a creditor or pierce a debtor's asset protection entities. And we'll travel to meet you if you prefer.

Please note that contingent fee arrangements are only available against New York debtors for claims in excess of $30,000, and against out-of-state debtors for claims in excess of $100,000. For out-of-state debtors, association with counsel local to that state may be required and such association is at client expense. All costs and disbursements (e.g. filing fees, service of process fees, sheriff's fees) in contingent representation are borne by the client.

Hourly fee arrangements are available for claims of any amount.

To schedule a consultation, please click here.

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Initial Consultation for Estate Probate

 
Free

We offer probate services in Western New York and our initial consultation with you is free. And we'll travel to meet you if you prefer.

To schedule a consultation, please click here.


Please note that we reserve the right to change the above prices at any time for work not presently covered by a retainer agreement. Further, please note that the prices above are for planning portfolios with total assets' net worth of less than five hundred thousand dollars. For planning portfolios with a value above five hundred thousand dollars, highly competitive flat-rate or percentage options are available.

Please note that for package purposes, 'today' means that same-day service is possible but not guaranteed. The earlier in a given day that we receive your request, the more likely that 'today' is possible! The timeframes given for packages that require filing may reflect an expediting fee charged by the jurisdiction where you file, which is optional, extra, and has no mark-up from what we're charged by the jurisdiction in question.

Protection of your asset presumes that creditors have not currently begun proceedings against you. The perfect time would be before making that large purchase or entering that business deal—if you wait, you may fall within the fraudulent transfer laws of various states, meant to prevent efforts to defraud creditors.

For certain asset protection plan vehicles, filing fees and processing times are required. The prices here reflect the labor of preparing the package, but do not include the filing fees. The times given may reflect paying an additional filing fee for expedited processing, the availability and cost of which vary by state.