Protect a Florida Residence from Creditors (Part 3)

Finally, the third most common method of protecting a personal residence is to convey it to the individual’s spouse.

This affords protection since the individual’s creditors generally cannot reach the spouse’s assets. This would offer the at-risk individual control in the overall entity (as General Partner) yet limit his or her exposure.

To remove assets even further from the claims of an individual’s creditors, the residence may be placed in the spouse’s Revocable (Living) Trust.

And, in the event of the spouse’s death prior to that of the at-risk individual, a trust should be established providing the individual with the right to occupy the personal residence for and during his or her natural lifetime with ultimate ownership passing to family members or a trust established for them.

With regard to the contents of the home (furniture, jewelry, silverware, etc.), it is recommended that the at-risk individual execute a Bill or Sale conveying all of his or her right, title and interest in and to that property to his or her spouse, absolutely.


If you or a loved one needs help with a situation involving one of these areas, please contact Thomas N. Silverman, P.A. at 561.775.7500 (24 hours) or info@FloridaProbateCounsel.com.

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