Asset Protection Attorney Boca Raton, Florida

Why Florida is one of the most debtor-friendly states

Asset protection law is a state law domain. Florida's protections apply identically in Boca Raton, Miami, Tampa, or anywhere else in the state. The five overlapping protections that make Florida one of the strongest asset protection jurisdictions in the country:

Homestead. Florida's constitutional homestead shields your primary residence from most creditors with no dollar cap, subject only to acreage restrictions (half an acre inside municipal boundaries, 160 acres outside). For Boca Raton residents with high-value primary residences, this protection is particularly significant: unlike most states which cap homestead at a fixed dollar amount, Florida shelters the full value of the primary residence regardless of how much it appreciates.

Tenancy by the entireties. Property owned jointly by a married couple is protected from creditors of either individual spouse. Florida recognizes tenancy by the entireties not only for real estate but also for bank accounts, brokerage accounts, and other personal property.

Head of household wage protection. Wages of a "head of household" under Florida Statute 222.11 are exempt from garnishment, even for judgment creditors.

Retirement account protection. IRAs, 401(k)s, 403(b)s, qualified annuities, and certain other retirement vehicles receive strong creditor protection under Florida law.

Entity and trust structuring. Florida LLCs (especially multi-member LLCs) offer charging order protection. Florida trusts, used correctly, can hold business interests, real estate, and personal assets in structures that resist creditor attachment.

Asset protection profiles in Boca Raton

Boca Raton's resident profile creates several distinct asset protection planning scenarios.

High net worth retirees relocating from the Northeast. A substantial share of Boca Raton's primary residents originally relocated from New York, New Jersey, Pennsylvania, Massachusetts, or Connecticut. These clients often arrive with substantial wealth, business interests in their original state, multi-state real estate, and a retirement plan that needs reconfiguration under Florida law. Florida residency establishment, homestead optimization, and irrevocable trust planning for assets above what statutory protections cover are common planning steps.

Country club community residents. Estates in Boca West, Broken Sound, St. Andrews, Royal Palm Polo, The Polo Club, Boca Grove, and Woodfield often include substantial primary residence value plus significant investment portfolios. Asset protection planning typically combines homestead optimization with tenancy by the entireties for married couples and irrevocable trust planning for non-homestead, non-retirement wealth.

Business owners and professionals. Boca Raton has a substantial professional and business owner community spanning financial services, real estate, technology, healthcare, and professional services. Business owners need entity structuring that separates operating exposure from personal assets; high-earning professionals need irrevocable trust planning for assets above professional liability insurance limits and statutory protections.

Multi-generational families. Many Boca Raton families have established multi-generational wealth, with active gifting programs across two or three generations. Asset protection planning here often integrates with estate and gift tax planning, irrevocable trusts (ILITs, SLATs, dynasty trusts), and family limited partnerships.

Snowbirds and seasonal residents. Boca Raton has a substantial seasonal-resident population, with primary domicile maintained in the Northeast or elsewhere. Establishing Florida domicile (rather than maintaining residency in the higher-tax origin state) is often the highest-leverage planning step available, since most of Florida's asset protection advantages don't apply to non-residents.

Trust vs. LLC vs. combined structures

Our breakdown of when to use which structure is in trusts vs LLCs in Florida: choosing the right legal vehicle.

The biggest asset protection mistakes Boca Raton clients make

Waiting too long. Asset protection done before any claim arises is effective and durable. Asset protection done after a claim is threatened (or worse, after suit has been filed) is fraudulent conveyance under Florida Statute 726, and courts can unwind it years later.

Owning a Boca Raton home without establishing Florida domicile. Florida's homestead, tenancy by the entireties, and other asset protections apply only to Florida residents. Northeast relocators who keep their old state's driver's license, voter registration, or primary banking may not actually qualify for Florida's protections at all, despite owning the Boca Raton home.

Putting everything in joint tenancy with right of survivorship instead of tenancy by the entireties. Joint tenancy with right of survivorship doesn't provide the same creditor protection. The deed and account titling have to be specifically tenancy by the entireties.

Treating a revocable living trust as asset protection. A revocable living trust is excellent for probate avoidance and privacy but provides zero creditor protection for the grantor.

Single-member LLCs without genuine economic separation. Florida law has eroded the protection of single-member LLCs in some respects. Multi-member structures with real economic interests provide stronger charging order protection.

Florida residency for asset protection

Florida's debtor-friendly law only applies to Florida residents. For Boca Raton residents who relocated from another state, establishing Florida residency requires more than buying a Florida house.

Establishing domicile means filing a Florida Declaration of Domicile with the Palm Beach County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, moving primary banking to Florida-based institutions, identifying Florida-based healthcare providers, and spending more than half the year in Florida. None of these steps alone establishes domicile; the totality matters.

For snowbirds who continue to maintain a residence in their original state, additional documentation strengthens the Florida domicile claim and weakens the origin state's ability to assert continuing residency.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's asset protection, estate planning, probate, trust administration, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

Our Boca Raton office is local. Clients can meet with us in person at:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

For Boca Raton residents, the Camino Gardens office sits a short drive from most of Boca, including East Boca, the country club communities west of I-95, and the established neighborhoods along Federal Highway and Glades Road. In-person consultations and document signings are routine. Remote online notarization (RON) is available for clients who prefer to handle the entire process without traveling.

Asset protection integrates with the firm's estate planning, probate, trust creation, title insurance, and real estate practices.

Frequently Asked Questions