Asset protection planning · Coral Gables & Miami-Dade
Asset Protection Planning Under Florida Law
Florida offers some of the strongest asset protection laws in the country. We help professionals, business owners and families use them properly, with planning done well before any claim arises.
✓ Board Certified Wills, Trusts & Estates attorney on our team✓ Planning for professionals & business owners✓ Clear, personal guidance
Talk with our planning team
Tell us a little about your goals and we will reach out to schedule your consultation.
Protecting what you have built
Doctors, business owners, real estate investors and other professionals face risks of lawsuits and creditor claims. Florida law protects many types of assets from creditors, but only when they are owned and structured correctly.
Asset protection must be planned in advance. Transfers made after a claim arises, or to avoid a known creditor, can be undone by a court. We design plans that are lawful, well documented and coordinated with your estate plan.
Florida homestead protection
Retirement account protection
Life insurance and annuity exemptions
Tenancy by the entireties for married couples
Business entity planning
Trusts for heirs that protect against creditors and divorce
Florida asset protection tools
These are some of the protections Florida law provides. The right combination depends on your situation.
Homestead
Florida homestead is protected from most creditors, subject to acreage limits and important exceptions.
Retirement Accounts
Qualified retirement plans and IRAs are generally exempt from creditors under Florida law.
Insurance and Annuities
The cash value of life insurance and the proceeds of annuity contracts are generally protected.
Married Couples
Property held as tenants by the entireties is protected from creditors of only one spouse.
Business Entities
Properly structured companies can separate business risk from personal assets.
Trusts for Heirs
Trusts can protect your children’s inheritance from their creditors and from divorce.
Discover
We review your profession, your assets and the risks you face.
Evaluate
We identify which assets are protected today and which are exposed.
Strategy
You receive a plan that uses Florida law to protect what you have built.
Plan before a claim arises
Asset protection only works when it is done in advance. Once a lawsuit is threatened or a debt is owed, many transfers can be challenged as fraudulent. The best time to plan is while things are going well.
Frequently asked questions
Straight answers to the questions we hear most. For advice about your situation, schedule a consultation.
Is my Florida home protected from creditors?
Florida homestead is protected from most creditors, subject to acreage limits and exceptions such as mortgages, property taxes and certain other debts. Recent purchases funded with non-exempt assets can raise additional issues.
Are my retirement accounts protected?
Generally, yes. Florida law protects most qualified retirement plans and IRAs from creditors. Inherited accounts can be treated differently.
Can I move assets after I am sued?
Transfers made to hinder, delay or defraud a creditor can be undone by a court. Asset protection must be planned before a claim arises.
Is asset protection part of estate planning?
Often, yes. We coordinate asset protection with your estate plan so your assets are protected during life and for your heirs.
