Asset Protection Lawyer in Florida
Safeguarding what you’ve worked hard to build
Hard-earned assets deserve strong protection, especially in a state where lawsuits, creditors, and long-term care costs can quickly threaten stability. At Berg Bryant Elder Law Group, we design strategies that shield property, savings, and business interests while keeping families secure. From trusts to exemptions under Florida law, our attorneys craft tailored protections that defend what you’ve built and ensure it lasts for generations.
Florida offers some of the strongest asset protection laws in the country, but without proper planning, those protections may fall short. We are your asset protection attorney in Florida. At Berg Bryant Elder Law Group, we help you create legal barriers that shield your wealth from creditors, lawsuits, and other threats.
The time to protect your assets is now – before problems arise.
Asset protection planning is the legal process of organizing your assets to shield them from potential creditors. It’s about creating legal barriers between your assets and those who might try to take them through lawsuits or other claims.
Good asset protection planning uses Florida’s strong debtor-friendly laws to:
Asset protection is completely legal when done properly. Florida law actually supports your right to protect your property, as stated in the Florida Constitution:
All natural persons… have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property.
Florida offers several strong protections that make it one of the best states for asset protection:
Florida’s homestead exemption is one of the strongest in the nation. Your primary residence is protected from most creditors, regardless of its value. This protection applies to:
The protection extends to the entire property value – there’s no dollar limit. This means even a multi-million dollar home can be protected from most creditors.
Property owned by husband and wife as “tenants by the entireties” is protected from creditors of just one spouse. This means if only one spouse is sued, jointly owned assets can’t be touched.
This protection applies to:
Florida law fully protects qualified retirement accounts from creditors, including:
Even inherited IRAs are protected in Florida, which isn’t the case in many other states.
Florida law protects the cash value of life insurance policies and annuity contracts from creditors. This makes these financial tools valuable for asset protection planning.
For business owners, Florida limited liability companies (LLCs) and limited partnerships offer strong protection through “charging order” protection. This prevents creditors from seizing business assets or forcing liquidation.
With the right legal strategies, you can take full advantage of these protections and safeguard what you’ve worked so hard to build.
The best time to begin asset protection planning is before any problems arise. Once a lawsuit is filed or a creditor makes a claim, your options become more limited due to fraudulent transfer laws.
Consider asset protection planning if you:
Remember: Asset protection is like insurance – it only works if you have it in place before you need it.
It’s important to understand the difference between legitimate asset protection and illegal fraudulent transfers:
Legitimate asset protection involves legal strategies implemented before claims arise.
Fraudulent transfers occur when someone moves assets specifically to avoid a known creditor or after a lawsuit is filed.
Florida’s law on fraudulent transfer allows creditors to “undo” transfers made with the intent to hinder, delay, or defraud creditors. Courts look at several factors to determine intent, including:
Our attorneys ensure your asset protection plan follows all legal requirements to avoid fraudulent transfer issues.
Duval County
Clay County
St. Johns County
At Berg Bryant Elder Law Group, we provide comprehensive asset protection services:
Review your assets, liabilities, family situation, and goals to identify vulnerabilities and opportunities for protection.
Develop a tailored plan that maximizes your protection under Florida law while meeting your personal and business goals.
Help you implement your plan correctly, ensuring all legal requirements are met and documentation is properly prepared.
Ensure your asset protection strategy works seamlessly with your overall estate plan for maximum benefit.
As laws change and your situation evolves, we help you update your plan to maintain optimal protection.
Don’t wait until a threat appears to start protecting your assets. At Berg Bryant Elder Law Group, our asset protection attorneys serve clients throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding areas.
We help individuals, professionals, and business owners develop legal strategies to protect their hard-earned assets from potential creditors and lawsuits.
Contact us today to schedule a consultation and take the first step toward securing your financial future.
Yes, when done properly. Florida law explicitly recognizes your right to protect your property. However, transfers made specifically to defraud known creditors can be deemed fraudulent and reversed.
While some options remain available after a lawsuit is filed, they’re much more limited. The best protection comes from planning ahead before problems arise. That said, even late planning can improve your negotiating position in many cases.
No. Certain “super creditors” can still reach protected assets. These include:
No. Florida offers excellent domestic asset protection options. While offshore planning may be appropriate in some high-risk situations, most Floridians can achieve strong protection using in-state strategies.
Asset protection planning and tax planning are separate but related issues. Some asset protection strategies may have tax implications, which is why comprehensive planning should address both concerns. Our attorneys work with your tax professionals to ensure coordination.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
