Florida Asset Protection Attorney — shield what you've built, before trouble comes.
A lifetime of work can be exposed by a single lawsuit, judgment, or claim. Florida gives residents some of the strongest asset-protection tools in the country — homestead, tenancy by the entireties, entity and trust structures — but they only work if they're in place before a problem arises. Truestead Law builds the plan while the coast is clear.
Protection is a plan, not a reaction.
Asset protection is the legal structuring of what you own so that a future creditor, lawsuit, or judgment can't easily reach it. It isn't about hiding assets or dodging legitimate debts — it's about using the exemptions and structures Florida law provides, correctly and in advance, so your home, savings, and business are positioned defensively before anyone has a claim against you.
Florida is one of the best states in the country for this. But the single most important rule is timing: the protection has to exist before a claim arises. Wait until you're sued, and most moves are off the table.
The protections Florida gives you — used correctly.
Florida's constitutional homestead (Art. X, § 4) shields your primary residence from most creditors with no cap on value — among the strongest in the nation. We help you establish and maintain it, and structure around its size limits and exceptions. Homestead guide →
A form of ownership for married couples that shields a home, accounts, and other property from a creditor of just one spouse. Simple, powerful, and often underused. Tenancy by the entireties guide →
A properly run LLC shields personal assets from business liability, and Florida's charging-order protection — strongest for multi-member LLCs — limits what a member's creditor can reach. Structure and formalities decide how well it holds. Asset protection overview →
Irrevocable trusts, land trusts, and other vehicles that separate legal ownership from your personal exposure — coordinated with your estate plan so protection and inheritance goals align. Irrevocable trust guide → · Land trust guide →
Florida statutorily protects certain annuities and life insurance cash value (Fla. Stat. §§ 222.13–222.14), qualified retirement accounts, and head-of-household wages. We help position savings into protected forms where it fits your goals.
Layered entity structures for business owners, landlords, and professionals who carry real liability — separating operating risk, real estate, and personal wealth.
Asset protection overlaps with estate planning, elder law and Medicaid planning, and real estate. Because Truestead handles all of it under one roof, we make sure one strategy doesn't quietly undermine another.
Who needs asset protection planning.
Answers to Florida's most-asked asset protection questions.
Common Florida asset protection questions.
In most cases, yes. Florida's constitutional homestead protection (Art. X, § 4) shields your primary residence from most creditors without a dollar limit on value — one of the strongest homestead protections in the country. There are size limits (up to half an acre inside a municipality, 160 acres outside) and exceptions for mortgages, property taxes, and construction liens, but a Florida homestead is generally safe from a money judgment.
It's a form of joint ownership available only to married couples in Florida. Property held this way is owned by the marital unit, so it generally can't be reached by a creditor of only one spouse — protecting a home, accounts, and other property from an individual spouse's judgment. It does not protect against a joint debt the couple owes together.
In two directions. A properly maintained LLC shields your personal assets from the business's liabilities, and Florida's charging-order protection — strongest for multi-member LLCs — limits a member's creditor to distributions rather than the business itself. Single-member LLCs get weaker protection under Florida case law, so structure and formalities matter.
Generally no — and trying can backfire. Moving assets to dodge an existing or anticipated creditor can be unwound as a fraudulent transfer under Florida's Uniform Fraudulent Transfer Act (Ch. 726). Effective asset protection is done before a claim arises. If a claim already exists, options are limited and must be handled carefully.
Heavily. The same tools that shield assets — homestead, trusts, entities — interact with your estate plan and with Medicaid's five-year look-back. Because Truestead handles estate, elder, and real estate law together, we coordinate the whole picture so one strategy doesn't undermine another.
The best time to plan is before you need it.
A focused consultation to map your exposure and the Florida tools that fit your situation — your home, your savings, your business, your family.
This page is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Asset protection outcomes depend on your individual facts, timing, and proper structuring under Florida law. Planning intended to hinder, delay, or defraud existing or anticipated creditors is unlawful and ineffective.