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Asset Protection Planning

There are over 20 million new lawsuits filed in the United States every year. Some of them have merit. Others are ridiculous. Just as it is not your duty to pay more income taxes than you actually owe, it is also not your duty to keep your assets exposed to creditors. Despite being one of the most robust litigation venues, Florida is also blessed with a vast menu of asset types as well as methods in which you can own assets and exempt or protect them from creditors. Each of these assets has unique and important legal and tax significance. A wrong choice here can be fatal to your hope that the asset is protected from your creditors. The proper choice of ownership provides more than just asset protection; it can also provide significant estate and family planning benefits.

In estate planning, our goal is to protect or mitigate your estate tax and planning exposure. In asset protection planning, we strive to protect your assets consistent with such estate, family and business planning desires. Our expertise in the area of asset protection is unparalleled. One of our partners is an original and current member of the Florida Bar’s Committee on Asset Protection and a principal author on its Florida treatise regarding asset protection. No estate planning advice should be given without consideration of its’ asset protection consequences, and vice versa.

Are limited partnerships and limited liability companies exempt from creditors? The answer is “no”, but if planned properly, they may provide extraordinary “protection”. What is the difference? When is it too late to make a transfer? What happens if a court finds that a transfer was fraudulent? Are the rules different if you put money into my home rather than any of the other exemptions? We welcome the opportunity to discuss all of these questions (and more).

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