Archive for March, 2013

Florida’s Fraudulent Transfer Law

Category: Asset Protection, Estate Planning |

As a caveat to all of the recommendations outlined herein, there is a risk that a transfer designed to reduce the risk of claim by a creditor could, by itself, be deemed a fraud on all creditors. This is particularly true when a judgment has already been obtained by a creditor or when a claim Read More…

Individual Retirement Plans & Disability Insurance

Category: Asset Protection, Estate Planning |

Annuity and life insurance products (within certain limitations) can be used not only as personal investments but also for pension plan purposes. Thus, Individual Retirement Account plans, as well as defined contribution, profit sharing and KEOGH Plans could invest part or all of the plan assets in annuities for the participant. If each participant were Read More…

Joint Purchase & Remainder Interests

Category: Asset Protection, Estate Planning |

Although not a trust, the Joint Purchase Concept is similar to a remainder trust in its protective effect. Here, the individual purchases a life estate in the asset (e.g. stocks, bonds, real estate or other income producing investments) and the children of the individual (or another third party) purchases the remainder interest in the property Read More…

Trusts, Sales, and Gifts to Protect Assets (Part 2)

Category: Asset Protection, Estate Planning |

Certain other types of trust, particularly when coupled with spendthrift language, may protect certain assets from the claims of creditors. These include ‘remainder trusts’ and ‘trust-like arrangements’ such as Joint Purchase Agreements (which may or may not be structured as a formal trust). With a remainder trust, the at-risk individual is the beneficiary of only Read More…

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