According to the United States Census Bureau, the state of Florida has the highest Population Change and Net Migration of any other state, from the years 1975-2000. As is common knowledge, the baby-boomer generation is growing into retirement age, which increases the likelihood of periods of disability. There are two…
Articles Posted in Asset Protection
What to do with your Internet passwords when you die?
Coming of age in this digital world has its luxuries, but those luxuries come with their own set of complexities. Face Book enables you to connect with friends; blogging sites (such as this one) allow you to express your ideas to the world; and paying your bill over the Internet…
Florida Asset Protection:New LLC Law becomes effective
On May 31, 2011, Governor Rick Scott approved House Bill 253. The Bill was crafted in response to the Florida Supreme Court decision in Olmstead v. FTC last year. It clarifies that a charging order is the sole remedy available to a creditor who holds a judgment against a member…
Creating a Florida Dynasty Trust
Florida Dynasty Trusts are generally used to keep assets within your family members or descendants. The person who creates this type of trust usually has significant assets which are far in excess of $1,000,000 which they want to protect from the misuse or dissipation of family members. A Florida Dynasty…
Recent Changes for Retirement Accounts in Florida
If you have a Retirement Account in the State of Florida, a recently enacted law will provide your heirs stronger asset protection in Florida. An individual Retirement Account is a form of retirement savings that provides tax benefits to the owner of the account. The account is primarily used as…
Beneficiaries of Inherited IRAs May Soon Have Asset Protected IRAs
Florida House bill 469, which was recently passed by the house and senate, states that an inherited IRA is asset protected for the Florida domiciled beneficiary. This is a recent change to court decisions which did not protect the beneficiary of an IRA from creditor’s claims. This new law should…
Florida Legislature Fixes Charging Order Protection for LLC’s
Florida’s Governor is expected to sign a bill that was passed by the Florida Senate on April 29th, 2011 which will apparently retroactively make a charging order the sole and exclusive remedy by which a judgment creditor of a member or a member’s assignee may satisfy a judgment from a…
Estate Tax, Inheritance Tax, What about Both?
According to a Market Watch article by Bill Bischoff, on the Worst Places to Die, New Jersey Tops the list with a combined effective estate and inheritance tax rate of 54.1 %. Estate tax is bad enough but several states have an inheritance tax. Yes you could actually leave money…
Using a Business Entity as the General Partner of a Limited Partnership
One needs to be careful that they do not expose their assets in a Florida Limited Partnership to forced distributions because they choose a general partner that can be take over. In the past and in many other states, it is common to protect the GP from liability by making…
Oklahoma Law Lets Executors manage Online Social Media Accounts
A new law in Oklahoma appears to let estate executors have the power to access, administer, or terminate online social media accounts of the deceased. This law is in direct contradiction to the licensing arrangements of most online accounts and it has yet to be seen how and if the…