Probate FAQ

Helping You Through the Financial and Legal Challenges You are Facing

Questions And Answers

The probate practice of Jon L. Martin focuses exclusively on representing out-of-state beneficiaries and families that have probate needs in Florida. Call 772-776-0395 in Port St Lucie and Palm City to discuss your situation with an experienced probate attorney.

What Is Asset Protection?

Asset protection is the process of securing your assets from future lawsuits and creditors. Did you know that Florida is one of the most debtor-friendly states? Florida’s asset protection laws are quite liberal and allow many individuals to keep their property regardless of the status of their debt.

Types Of Asset Protection

There are a variety of ways to safeguard your estate from creditors in the state of Florida. Although they may seem simple, each method of protection contains a wide variety of exceptions that may expose your property to creditors. Experienced probate attorney Jon L. Martin can review your unique legal situation and explain what asset protection tools are the best for your specific needs.

Homestead Exemption

One of the most notable debtor-friendly laws is Article X, Section 4 of the Florida Constitution which prohibits the forced sale of a homestead to pay debts. A homestead can be half an acre if it is located in a municipality and up to 160 continuous acres in any county if it is a permanent homestead for a Florida resident. You can technically invest in a large, expensive house or use nonexempt assets to pay for a house, even if the transfer’s purpose was to protect assets from creditors.

Jointly Owned Property

Tenants by the entirety will provide asset protection in Florida for any real or personal property if only one spouse owes money. Available only to married couples, tenants by the entirety is a form of joint tenancy that gives both spouses joint ownership, control and interest in the property. Additionally, the spouses must have been married at the time and have purchased the property together. There are certain downfalls to this type of asset protection, however, including divorce and death of the spouse who does not owe the creditor that attorney Martin can discuss with you.

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