Asset protection is a legal strategy that shields your personal and business assets from creditors, lawsuits, and financial threats by placing them within structures authorized by state law. Nevada is consistently ranked as one of the top states in the nation for asset protection due to its favorable trust statutes, short statute of limitations, and lack of state income tax.
At the JEFFREY BURR Law Firm, our attorneys have spent more than 40 years helping business owners, medical professionals, real estate investors, and high-net-worth individuals protect their wealth using Nevada’s asset protection laws. From our offices in Las Vegas and Henderson, we design customized strategies that take full advantage of what makes Nevada one of the strongest jurisdictions in the country for wealth preservation.
Asset protection planning is the legal process of reorganizing and restructuring ownership of your assets so they are shielded from potential creditors, legal judgments, and other financial risks before a claim arises. It is a proactive strategy, not a reactive one. Unlike insurance, which responds after a loss, asset protection puts legal barriers in place to prevent creditors from reaching your wealth in the first place.
Effective asset protection is not about hiding assets or evading legitimate obligations. It uses lawful tools and structures, many specifically authorized by Nevada Revised Statutes (NRS), to ensure that the wealth you have built is preserved for you and your family. Common tools include irrevocable trusts, limited liability companies (LLCs), family limited partnerships, and retirement account protections.
The most important principle of asset protection planning is timing. According to Nevada law, strategies must be implemented two years before a claim arises. Once a lawsuit has been filed or a creditor has made a demand, courts may view asset transfers as fraudulent conveyances. That is why attorneys recommend planning ahead, even when no known threats exist.
Not all states offer the same level of asset protection. As of 2026, only 20 states allow domestic asset protection trusts, and Nevada is widely considered the strongest among them. Clients from across the country, including California, New York, and Texas, establish Nevada trusts specifically to take advantage of its superior legal framework.
Nevada allows self-settled spendthrift trusts, commonly known as Nevada Asset Protection Trusts (NAPTs), under NRS Chapter 166. This means you can create a trust, fund it with your own assets, and still benefit from those assets while they are protected from future creditors. Only a handful of states permit this structure, and Nevada’s version offers some of the broadest protections available.
Nevada’s statute of limitations for fraudulent transfer claims is just two years, one of the shortest in the nation. By comparison, California’s look-back period is four years, New York’s is six years, and many states allow even longer windows. The shorter the statute of limitations, the faster your assets reach full protection.
Nevada also has no state income tax, which means trusts established here can offer significant tax advantages in addition to creditor protection. Combined with strong privacy protections (Nevada does not require trust registration or public disclosure), a trust-friendly court system, and the ability to create dynasty trusts lasting up to 365 years, Nevada consistently ranks at the top of national asset protection rankings.
The Nevada Asset Protection Trust is the cornerstone of most domestic asset protection strategies. NAPT is an irrevocable trust governed by Nevada law that allows you, as the grantor, to be a discretionary beneficiary of your own trust. This means you can still receive distributions from the trust while the assets inside it are generally beyond the reach of your personal creditors.
To qualify as a valid NAPT under Nevada Revised Statutes Chapter 166, the trust must meet specific requirements. The trust must be irrevocable and include a spendthrift provision. At least one trustee must be a Nevada resident or a Nevada-chartered entity. The grantor must sign an affidavit of solvency confirming they are not transferring assets to defraud existing creditors. Once the trust is properly established and the two-year statute of limitations has run, the assets inside the trust receive strong statutory protection.
Our attorneys have extensive experience drafting and administering NAPTs for clients across Nevada and throughout the country. We work closely with financial advisors, CPAs, and other professionals to ensure your trust is structured correctly and integrated with your broader estate plan.
While the NAPT is the most well-known tool, a comprehensive asset protection plan often involves multiple strategies working together. Depending on your situation, our attorneys may recommend one or more of the following approaches.
Limited Liability Companies (LLCs) are one of the most common tools for protecting real estate and business assets. Nevada LLCs offer charging order protection, which means a creditor who obtains a judgment against you personally cannot seize assets inside the LLC. They can only obtain a charging order against your membership interest, which limits their ability to access the underlying assets.
Family Limited Partnerships (FLPs) work similarly to LLCs and are often used for family wealth management and succession planning. By transferring assets into a family partnership, you can maintain management control while limiting the exposure of those assets to personal creditors.
Domestic Asset Protection Trusts beyond the NAPT structure may also be appropriate depending on where your assets are located and what types of risks you face. Our attorneys evaluate your full financial picture to determine the right combination of tools.
For clients with international interests or particularly complex situations, we can also advise on the role of offshore trusts and international structures, though we always emphasize that domestic solutions like Nevada’s are sufficient for the vast majority of clients.
Asset protection is not just for the ultra-wealthy. Anyone who has accumulated meaningful assets, whether through their career, business ownership, or investments, may benefit from proactive planning. The clients who benefit most from asset protection typically include business owners who face operational liability or contractual risk, medical professionals and healthcare providers exposed to malpractice claims, real estate investors managing multiple properties, attorneys, CPAs, and other licensed professionals, executives and high-income earners, and individuals going through or anticipating divorce.
If you have assets worth protecting and any exposure to potential claims, the question is not whether you need asset protection but whether you can afford to wait.
Asset protection planning does not replace your estate plan. It enhances it. At the JEFFREY BURR Law Firm, we integrate asset protection strategies with your existing wills, trusts, and succession plans so that your wealth is both protected during your lifetime and distributed according to your wishes after your passing.
For example, a client who has a revocable living trust for probate avoidance may also establish NAPT for creditor protection. The two trusts serve different purposes but work together as part of a comprehensive strategy. Our attorneys ensure that all pieces of your plan are coordinated and that there are no gaps or conflicts between them.
Asset protection requires a deep understanding of Nevada trust law, entity structuring, and the interplay between state and federal regulations. At the JEFFREY BURR Law Firm, our attorneys focus exclusively on estate planning, trusts, and asset protection. This specialization means you are working with attorneys who handle these matters every day, not a general practice firm that occasionally takes on a trust case.
For more than 40 years, we have helped clients across Southern Nevada and nationwide structure their assets for maximum protection. We maintain a 4.9-star Google rating, and our clients consistently cite our thoroughness, accessibility, and practical approach as the reasons they recommend us.
Whether you work in a high-risk profession or you want to take every step to protect your hard-earned assets, we will help you explore your asset protection options. With two separate locations, our Summerlin (Las Vegas) and Henderson offices are open Monday through Friday from 8:00 am to 5:00 pm.
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