The estate planning practice of Maimone Legal PLLC · Fort Lauderdale, Florida
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ASSET PROTECTION & GUARDIANSHIP · FLORIDA

Protect what you’ve built, and who you love.

A lawsuit can start with something ordinary: a car accident or a guest who slips at your home. And if you or a loved one can’t make decisions, the court may decide who will. We help Florida families plan ahead for both.
A hand holding house keys at the front door

Two risks every plan should address

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.

How we help

  • Review how your home, accounts, rental property and business are titled
  • Explain Florida homestead and other exemptions and how to keep them
  • Pair a living trust with LLCs for investment property where appropriate
  • Prepare preneed guardian declarations for your children and for yourself
  • Plan for loved ones with special needs without putting benefits at risk
  • Guide families through guardian advocacy for adults with developmental disabilities

Plan before there is a problem

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

  • Florida’s homestead protection is among the strongest in the country, with acreage limits.
  • Many retirement accounts and certain life insurance and annuities are protected under Florida law.
  • A revocable trust alone does not protect assets from your own creditors.
  • Preneed guardian declarations let you name guardians before they’re needed.

Talk it through with our team

A free 20-minute call to understand your family, your goals and which documents fit.

COMMON QUESTIONS

Questions families ask

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.

Begin with a conversation.

Book your complimentary 20-minute call with the Maimone Legal estate planning team. Tell us about your family and goals, and ask anything.