ASSET PROTECTION & GUARDIANSHIP · FLORIDA
Personal liability. A claim against you can reach property held in your personal name. Planning ahead, using the protections Florida law already provides and the right ownership structures, can reduce what is exposed.
Incapacity and care. If a parent can’t care for a child, or an adult can no longer manage their affairs, a court may appoint a guardian. Naming your choices in advance gives the court clear direction and gives your family peace of mind.
Asset protection works best long before any claim exists. Florida law can undo transfers made to hinder, delay or defraud a known creditor, so the time to plan is now, while things are calm.
GOOD TO KNOW
COMMON QUESTIONS
Transfers made after a claim arises can be challenged as fraudulent transfers. Planning is far more effective, and appropriate, before any claim exists.
An LLC can help separate the liabilities of a rental property from your personal assets. Florida law treats single-member LLCs differently from multi-member LLCs for some creditor remedies, so structure matters.
If both parents are unable to care for a minor child, a court will appoint a guardian. Your written designation tells the court who you want, which the court will generally honor unless it is not in the child’s best interests.