Asset Protection Attorney Fort Lauderdale, 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 Fort Lauderdale, Boca Raton, Miami, or Tampa. 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). Most Fort Lauderdale primary residences fall under the half-acre municipal cap.

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 Fort Lauderdale

Fort Lauderdale's resident profile creates several distinct asset protection planning scenarios.

Physicians and high-liability medical professionals. Broward Health, Memorial Healthcare System, Holy Cross Hospital, Cleveland Clinic Florida, and the broader Fort Lauderdale medical community employ a significant physician and high-earning medical professional population. Medical malpractice exposure typically requires structures beyond a simple LLC, including coordinated estate planning, malpractice carrier coordination, and irrevocable trust planning for assets the professional wants to shield from future claims.

Attorneys and legal professional households. Fort Lauderdale has one of the highest concentrations of practicing attorneys in South Florida, with significant exposure to professional liability claims (typically lower in absolute dollar terms than medical malpractice but more common in frequency). Asset protection for attorneys involves coordinated entity structuring for any law firm interests, IOLTA account separation from personal assets, and irrevocable trust planning for personal wealth.

Financial professionals and business owners. Fort Lauderdale's substantial financial services, accounting, and business community generates a population of registered representatives, broker-dealers, CPAs, and business owners with varying degrees of professional and operating liability exposure. Asset protection typically combines entity structuring for business interests, separation of operating assets from personal assets, and irrevocable trust planning where appropriate.

Waterfront and yacht owners. Fort Lauderdale is known as the "Yachting Capital of the World," with substantial waterfront property, yacht ownership, and marina-adjacent operations. Yacht ownership in particular creates distinct asset protection considerations: marine liability exposure, charter operation entity structuring (if applicable), state and federal vessel registration coordination, and insurance layering. Many Fort Lauderdale yacht owners hold the vessel in a dedicated LLC separate from personal assets.

Hospitality and tourism industry owners. Fort Lauderdale's tourism and hospitality sector (hotels, restaurants, bars, charter operations) generates a population of business owners with distinct liability profiles: dram shop exposure, premises liability, employee-related claims, and the standard operating liability of high-customer-volume businesses.

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 Fort Lauderdale 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.

Relying on malpractice insurance alone. Malpractice carriers carry policy limits; serious claims can exceed them. High-earning professionals often discover that the insurance coverage they thought was sufficient is not enough for a catastrophic claim, leaving personal assets exposed to the gap between the policy limit and the judgment.

Owning a yacht in personal name. Marine liability claims arising from operation of a personally-owned vessel can reach personal assets, including non-vessel assets. Fort Lauderdale yacht owners benefit from dedicated LLC ownership of the vessel, with the LLC carrying appropriate marine insurance and operating with proper entity formalities.

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.

Florida residency for asset protection

Florida's debtor-friendly law only applies to Florida residents. Most Fort Lauderdale residents are Florida-domiciled, but for relocators from other states, establishing Florida residency requires more than buying a Florida house.

Establishing domicile means filing a Florida Declaration of Domicile with the Broward County Clerk, getting a Florida driver's license, registering to vote in Florida, registering vehicles in Florida, moving primary banking to Florida-based institutions, and spending more than half the year in Florida.

Our piece on estate planning for Florida snowbirds covers the residency framework.

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.

The firm maintains two offices in South Florida, both within reasonable driving distance of Fort Lauderdale:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Fort Lauderdale, approximately 30 to 40 minutes north)
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Fort Lauderdale asset protection work is handled either in person at our Boca Raton office or remotely by phone, video, and remote online notarization (RON). Many Fort Lauderdale professional clients prefer the remote workflow for the convenience; others prefer in-person consultations and document signings. Both work equally well.

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

Frequently Asked Questions