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…
Articles Posted in Asset Protection
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…
The Future of Multi-Member LLC’s in Florida
The recent court decision which removed the charging order protection for single member LLC’s has raised concern over whether a multi member LLC has charging order protection. In addition, a member in Florida is defined as one who has an an economic interest in a Florida LLC as well as…
Florida Constitution can protect two Florida Homes as Homestead
The Homestead Exemption in Florida, which was established in the State’s Constitution, has always provided for the protection of the Family home free from creditors and liens. In 1985 the Constitution was amended to extend the protection to the “natural person” and not necessarily having to be the head of…
Protecting My Assets Using A Florida LLC: What are the Options?
Due to the recent decision of the Florida Supreme Court, many single-member limited liability company owners have been left confused and upset. The Ohmstead decision expressly eliminated most of the asset protection benefits that single-member LLCs were thought to have. Creditors of the member can use all available remedies to…
Jacksonville Bankruptcy Lawyer
The Law Office of David M. Goldman PLLC has expanded again and added a Jacksonville Bankruptcy Lawyer and a Jacksonville FDCPA Lawyer who can help Stop Creditor Harassment in Florida. Look for an exciting announcement with a new lawyer addition next week in a related area of Florida Estate Planning.…
Asset Protection: IRA’s and other Retirement Accounts
In a recent article by Kelly Greene of the Wall Street Journal, she explains methods in which individuals can protect their retirement accounts. Over an individual’s lifetime an IRA (Individual Retirement Account) can accrue hundreds of thousands, or even millions of dollars. There is a high possibility that these retirement…
Estate Planning and Commercial Services
Estate planning for Digital Assets is a topic that was covered in a two part article by Oregon Estate Planning Attorney on his Wealth Law blog. In the second part of his article Estate Planning and “Virtual Assets” – Part 2 Michael discusses the importance of determining who should receive…