Florida offers some of the strongest personal asset protection laws in the country, including an unlimited homestead exemption, full protection for retirement accounts and annuities, and tenancy by the entirety for married couples. Beyond those statutory protections, irrevocable trusts and properly structured LLCs create additional legal barriers. The right combination depends on what you own, what risks you face, and how your assets are currently titled. Kelley Kronenberg develops protection plans based on each client’s specific holdings and risk profile.

Before any claim, lawsuit, or creditor issue exists. Florida law allows courts to unwind transfers made after a dispute is on the horizon, treating them as fraudulent conveyances. Structures established during stable periods with no existing creditor threat are far more defensible and far more effective. Common triggers for starting the process include a significant increase in personal net worth, entering a high-risk profession, receiving an inheritance, or preparing for a major life transition. If any of those apply to your situation, the time to act is now.

A revocable trust provides no protection from creditors. Because you retain the ability to change or dissolve it at any time, courts treat its assets as your own personal property. An irrevocable trust transfers legal ownership away from you, placing the assets beyond the reach of most future creditors. The trade-off is control. If you currently have a revocable trust and believe it is protecting your assets from creditors, an attorney review of your plan is essential.

In Florida, generally no, not with creditor protection as the goal. Florida does not recognize self-settled asset protection trusts, meaning a trust where the person who creates it is also a beneficiary receives no creditor protection under Florida law. For genuine protection, the trust must be created for the benefit of others such as a spouse, children, or other family members. An attorney review of your goals and family situation determines the right structure and ensures the plan holds up if it is ever challenged.

Florida’s homestead exemption protects your primary residence from forced sale by most judgment creditors with no cap on the value of the equity protected. It does not protect against all claims. Mortgages, property tax liens, and certain contractor liens can still reach the property. The exemption also has acreage limits, covering up to half an acre in urban areas and up to 160 acres in rural areas. Understanding the exceptions matters as much as understanding the coverage, and most Florida homeowners overestimate how broad the protection actually is.

Yes. Florida recognizes tenancy by the entirety, a form of joint ownership available only to married couples that shields jointly held property from the individual debts of either spouse. If only one spouse is sued, a creditor generally cannot reach assets held this way. The protection applies to real property and certain jointly held financial accounts. It does not protect against debts that both spouses owe together and it ends upon divorce. Married couples who have not structured their joint holdings to take advantage of this protection are leaving one of Florida’s strongest creditor shields unused.

An irrevocable trust and a will serve different purposes and work best when coordinated. A will directs how probate assets are distributed after death but offers no protection during your lifetime. An irrevocable trust removes assets from your estate while you are alive, shielding them from creditors and potentially reducing estate tax exposure at death. Without coordination between the two, gaps and conflicts can develop that undermine both plans. Kelley Kronenberg integrates trust planning with existing estate documents to ensure the two work together.

Kelley Kronenberg’s asset protection attorneys help individuals protect personal wealth from lawsuits, creditors, and divorce through irrevocable trusts, homestead planning, and legal structures that remove assets from personal exposure under Florida, New York, and New Jersey law. Every engagement starts with a review of what you own, how it is titled, and where your current exposure is greatest. If you have not had a personal asset protection review, contact Kelley Kronenberg before your circumstances make proactive planning unavailable.