Asset protection is a process of insulating your estate assets against attack by creditors and plaintiff's attorneys. Too often, decisions by judges or juries are based more on emotion than on facts or the law, and frequently the result is a catastrophic damage award that wipes out a lifetime of hard work and investment. A well-designed asset protection plan builds a protective fort around the client's estate and guards family wealth from external creditor attack and frivolous lawsuits. The most effective asset protection fortress contains multiple layers of protection, so that even if they can defeat one device, there are other defenses around the family's nest egg. Asset protection is, therefore, an essential fundamental building block of financial planning.
Asset protection laws are different in each state. Florida's asset protection laws are among the most liberal, debtor-friendly laws in the country. Florida's asset protections laws apply primarily to citizens of Florida and those who own real property in Florida. Other pages in this website explain some of Florida's most important asset protection laws.
A Florida resident is entitled to the protection of Florida's liberal asset protect laws. Some Florida residents own assets located in other states as well as in the State of Florida. Generally, the asset protect laws covering personal property (such as financial accounts and vehicles) is the law of the state where the individual resides. A Florida resident's personal property is covered by Florida's favorable asset protections laws regardless of where the accounts and assets are held.
The asset protection laws covering real property, such as homestead and investment real estate, is the law of the state where the real property is located. If a Florida resident's real property is located in another state, then the asset protection laws of that state apply to the real property.