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Serving the Treasure Coast - Martin, Indian River, Okeechobee, and St. Lucie Counties
Law Office of Jason D. Berger, P.A.-Logo
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Asset Protection Planning


Florida Asset Protection Planning Services 

In-House Consultations

In-House Consultations

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Asset protection planning is a way of organizing and structuring your assets to protect them from creditors, preserving the wealth you have built up throughout your lifetime. Asset protection planning is an essential part of protecting yourself against a lawsuit, IRS tax action or creditor collections. It is also a beneficial tool in estate planning, ensuring you leave your beneficiaries a valuable estate that will not be infringed upon by creditor claims.

Who should be concerned about asset protection?

Asset protection planning is a legal way of protecting your wealth, income, and personal assets from judgment creditors. A judgment creditor is someone who has proved that you owe a debt to them through a legal court proceeding. Anyone who owns property in Florida, along with permanent residents, can take advantage of Florida's generous asset exemptions to protect their assets.

Types of asset protection

There are many ways to protect your assets, including transferring ownership from an unprotected form to a protected one. Florida offers many asset exemptions, allowing you to utilize several tools to protect and preserve your estate. If you place your assets in one of these protected exemptions, they may not be subject to judgment creditor claims. You can place various assets within these covered exemption entities, such as cash, property, investments, and savings. The following are just a few of the exempted entities for asset protection in Florida:
  • Homestead protection for personal residences
  • Annuities
  • Life insurance policies
  • Trusts: revocable, irrevocable, and living
  • Florida land trusts
  • Offshore trusts and businesses
  • Domestic business entities like LLCs
  • Retirement accounts
  • Prepaid college plans
There are also a variety of income types that are not factored into the value of your estate, such as head of household wages, social security and unemployment benefits, disability insurance, and disability income.

The asset protection planning process

Asset protection planning consists of three primary stages. Due to the complexity and nuances of asset protection, it is best to contact a Florida asset protection attorney, like the Law Office of Jason D. Berger, to guide you through the process. The first step is to inventory and review your estate and assets to determine their value. Next, you and the attorney will review your assets and determine which assets are exempt from creditor claims and which ones are exposed. Once all the exposed assets are noted and inventoried, the attorney will develop and implement a plan that helps protect as many of the exposed assets as possible. This may include creating trusts, transferring property ownership, and depositing funds into exempted accounts such as retirement accounts and prepaid college plans.

Treasure Coast asset protection planning

Asset protection plays a vital role in leaving a legacy for your family, so it is vital to speak with a lawyer who is experienced in asset protection. The Law Office of Jason D. Berger helps
residents of the Treasure Coast and Palm Beach County, including Okeechobee, Hobe Sound, Jensen Beach, Stuart, Fort Pierce, Port Salerno, Rio, Port St. Lucie, and Vero Beach, Florida in all aspects of asset protection planning. Please request an appointment with us to get started.
Call to schedule a night or weekend appointment.
(772) 403-5880
"Exceptional attorney and litigator! I hired Mr. Berger to represent me in family court in regards to child custody. The results were astonishing and I got more than I ever could have hoped for. If you need a lawyer that will litigate your case at trial Mr. Berger is the only Attorney I would ever use. In fact, I would want him to represent me in a legal matter family or not. Mr. Berger is the most honest and effective attorney I have ever met. I have hired several lawyers in the past and none delivered what they said they would. Mr. Berger never promised me anything or told me He would get me this or that. He did his job went above and beyond and I will always be grateful for what he has done for me."

 - Steven Connor Cornrich
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