Asset Protection in Florida
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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 Fourth Edition include:
- Updated statutes, rules, and case law.
- Discussion of hot topics including:
- Tenancy by the entireties exemption as it relates to same-sex marriage.
- The Eleventh Circuit Court of Appeal's holding regarding tax refunds payable to husband and wife as a result of a jointly filed tax return, and its exempt status as tenancy by the entireties property.
- The United States Supreme Court ruling that inherited IRAs are not exempt from creditors.
- A statutory comparison regarding the measurement of insolvency of an LLC verses a Corporation.
- Homestead subject to a Marital Settlement Agreement.
- Exposure of insurance proceeds to creditors' claims under F.S. 222.13(1).
- Discussion of the current jurisdictional split as it relates to specific waiver provisions in marital agreements and the separation of property, including all appreciation thereon.
- Discussion of current case law regarding the relaxation of the standard of "knowingly and intelligently" and valid homestead waivers.
- The recent District Court of Appeal, Second District, decision, calling into question the creditor protection benefits thought to have been afforded to discretionary trusts under the Florida Trust Code.
- Detailed discussion regarding due diligence and fraudulent transfer analysis.
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Table of Contents
1. Fraudulent Transfers And Conversions And Ethical Considerations
Keith S. Kromash
2. General Exemptions From Creditors
Sam W. Boone, Jr. and Michael S. Singer
3. Retirement And Other Savings Accounts
Richard R. Gans and J. Allison Archbold
4. Asset Protection Provided With Florida Business Entities
Thomas O. Wells
5. Homestead: Creditor Issues
Barry A. Nelson
6. Homestead: Non-Creditor Issues
Charles Ian Nash
7. Creditors' Rights To Assets In Trust
Jerome L. Wolf
8. Section 529 Arrangements
Charles Ian Nash
9. Relationship Dissolution Planning
M. Travis Hayes and Robert L. Lancaster
10. Offshore Asset Protection Trusts
James J. Flick and Jonathan Gopman