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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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Print Book :1 Volume, Hardbound, 524 pages
6th Edition
ISBN/ISSN: 9781522190448
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6th Edition
ISBN/ISSN: 9781522190455
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6th Edition
ISBN/ISSN: 9781522190455
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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 Sixth Edition include:

  • Updated case law, statutes, rules, regulations, etc.
  • Hot Topics:
    • Asset protection provided with Florida corporations and the 2019 Florida Legislature’s substantial amendments to F.S. Chapter 607, effective January 1, 2020.
    • Full and complete exemption from ad valorem taxes as to the homestead real property for totally and permanently disabled first responders under F.S. 196.102.
    • Damage to homestead due to misfortune or calamity, including homesteads significantly damaged or destroyed as a result of a named tropical storm or hurricane under new F.S. 193.155(8)(m).
    • Tax Cuts and Jobs Act of 2017 and financial disclosure of deceased spousal unused exclusion amount and lifetime taxable gifts.
    • Tax Cuts and Jobs Act of 2017 and the income tax effect of alimony.
    • Discussion of newly enacted "safe harbor" statute, F.S. 732.7025, for the waiver of spousal homestead rights through a deed. 

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

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

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Featured Authors

Table of contents

 1.  Fraudulent Transfers And Conversions And Ethical Considerations
      Keith S. Kromash

2.  General Exemptions From Creditors
      Michael S. Singer

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

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 E. Gopman