Asset Protection in Florida

This comprehensive guide explains the steps you should take to protect Florida assets from creditors' claims. Topics include personal and business issues.

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7th Edition
ISBN: 9781663338341
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7th Edition
ISBN: 9781663338358
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7th Edition
ISBN: 9781663338358
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Asset Protection in Florida covers all facets of asset preservation for Florida residents. The manual provides comprehensive analysis of the many steps available to protect assets from creditors' claims, both during your lifetime and at death. Among the many topics covered are homestead, trusts (both domestic and offshore), business planning, planning for dissolution of marriage, protection of retirement and education accounts, and the ethical aspects of advising clients on asset protection issues. Bankruptcy issues and tax planning are prominently featured throughout the text.

Highlights of the Seventh Edition include:

  • Updated case law, statutes, rules, and regulations.
  • In-depth discussion of the impact of the Eleventh Circuit's decision in Kearney as a potential threat to all Florida statutory exemptions from creditors.
  • In-depth discussion of the Setting Every Community Up for Retirement Enhancement (SECURE) Act and its impact on distributions from retirement accounts and 529 Plans.
  • Newly-added discussion of IRAs, Pledge Agreements, and Secure Transactions.
  • Updated discussion of the Cooperative Act post-Wartels and the treatment of cooperative apartments versus a condominium or a traditional home.
  • Florida Legislature's enactment of F.S. 736.1109 to allow homestead property to be transferred to a revocable trust without losing its homestead status and creditor protection.
  • In-depth discussion of the Florida Extend "Save Our Homes" Portability Period Amendment.
  • Newly-added discussion of Community Property Trusts.

Visit our Estate Planning website for a complete list of The Bar's Estate Planning related titles.

Visit The Florida Bar Legal Publications website for a complete list of The Bar's titles.

The ISBN for the 6th Edition was 9781522190448.

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Featured Authors

Table of contents

 1.  Fraudulent Transfers And Conversions And Ethical Considerations
      Keith S. Kromash and Nina Vaghaiwalla Rawal

2.  General Exemptions From Creditors
      Michael S. Singer and Devon M. Goldberg

3.  Retirement and Other Tax Preferred Savings Accounts
      Richard R. Gans

4.  Asset Protection Provided With Florida Business Entities
      Thomas O. Wells

5.  Homestead: Creditor Issues
      Barry A. Nelson and Cassandra Nelson

6.  Homestead: Non-Creditor Issues
      Charles Ian Nash and Nina Vaghaiwalla Rawal

7.  Creditors' Rights To Assets In Trust
      Jerome L. Wolf

8.  Section 529 Arrangements
      Charles Ian Nash and Nina Vaghaiwalla Rawal

9.  Relationship Dissolution Planning
      M. Travis Hayes and Robert L. Lancaster

10.  Offshore Asset Protection Trusts
      James J. Flick and Jonathan E. Gopman

INDEXES