ASSET PROTECTION · FLORIDA
In America, everyone sues.
Protections Florida law already provides
- Homestead. Florida’s constitution protects your primary residence from most creditors, subject to acreage limits (generally up to one-half acre within a municipality and up to 160 acres outside one).
- Retirement accounts. Qualified retirement plans and IRAs are generally exempt under Florida law.
- Life insurance and annuities. Cash value of life insurance and proceeds of annuity contracts are generally protected.
- Tenancy by the entirety. Property owned jointly by married couples in this form is generally protected from creditors of just one spouse.
- Wages. Wages of a head of family are protected in many situations.
Each protection has requirements and exceptions, and the way an asset is titled can make or break it.
Structures we use
- LLCs for investment and rental property, so a claim connected to one property is kept away from your other assets
- Revocable living trusts for probate avoidance and incapacity, coordinated with your protection plan
- Irrevocable trusts in appropriate situations
- Insurance review, including umbrella coverage, as a first line of defense
A revocable trust is not a shield
Because you can change or revoke it, a revocable living trust generally does not protect assets from your own creditors. It is still valuable for avoiding probate and planning for incapacity, which is why we often pair it with LLCs and Florida exemptions.
Plan early, and plan honestly
Florida’s fraudulent transfer law allows creditors to challenge transfers made to avoid a known claim. Asset protection is most effective, and appropriate, when it is part of your planning before any problem arises.
WHO THIS HELPS
- Homeowners and landlords
- Business owners and investors
- New U.S. residents on E-2 and other visas
- Doctors and other professionals
- Families who want peace of mind
Talk it through with our team
COMMON QUESTIONS
Questions families ask
Yes. Using exemptions Florida law provides and setting up appropriate structures in advance is lawful planning. Hiding assets or transferring them to avoid an existing creditor is not, and we don’t do it.
Usually not. Your Florida homestead already has strong protection, and moving it into an LLC can cause you to lose homestead benefits. Rental and investment property is a different story.
Yes. Many new residents hold property in their personal names without realizing the exposure. We coordinate titling, LLCs and trusts with your immigration and business goals.
