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Recently married small business owner (attorney)

New York, NY |

I have malpractice insurance but just want to know worst case scenario, is there any exposure for my wife and how can I eliminate/minimize it? I'm not being sued nor do I plan on being but just would like more info, on how to protect spouse's assets, if possible.

Also, she is a doctor, is there anyway to protect both our assets in the event she were ever sued?

Attorney Answers 4

Posted

Bump up your policy limits or get an umbrella policy.

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1 comment

Glen P. Malia

Glen P. Malia

Posted

An umbrella policy doesn't cover professional liability.

Posted

Obviously, you are individually exposed in any claim where the verdict is in excess of your policy limits. In that scenario, once the verdict is entered and matures into a judgment, it becomes a lien on your property until such time as it is discharged in some way (ie. Settlement, Bankruptcy or otherwise). Once a judgment, efforts can be made to execute on available assets. If the assets are jointly held such as a house, the property cannot be sold out from under you but, if you sell it the lien must be paid.

This is the short answer which does not take into account your unique circumstances.
THE LAUB FIRM P.C.
Alfred Laub
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The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

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Posted

I agree with Mr. Lassen. The best protection is to have adequate insurance coverage.

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Posted

Besides increasing your malpractice limits you can strucutre your individual practices in a corporate format whether LLC or LLP or PC. Also, real estate that you own can be kept in a separate corporate structure. Speak with an experienced business lawyer to assist you.
Also, consider wills and estate planning.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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