Asset Protection

Sheltering Assets in Florida

Putting assets inside the right legal structures does not mean hiding them. It means placing them where creditors legally cannot reach them.

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Understanding the Strategy

What Does It Mean to Shelter Assets?

Asset sheltering means placing your wealth inside legal structures that restrict a creditor's ability to reach it. These structures include properly maintained LLCs, limited partnerships, irrevocable trusts, and other vehicles that hold assets in a way that limits judicial access.

The key distinction is timing: sheltering must happen before a claim arises. Assets moved after a lawsuit is filed or a judgment is entered can be unwound under fraudulent transfer law. Done properly and in advance, sheltering is a legal, disclosed, and effective strategy.

The Key Distinction

A Judgment Does Not Automatically Give a Creditor Access to Everything You Own

In Florida, a judgment creditor can go after assets that you own personally and assets that are inside entities you control without proper structure. But assets inside properly structured trusts and entities, maintained correctly, with clean separation between personal and business use, often sit outside the reach of a judgment creditor. The question is not whether you can shelter assets. The question is whether you built the shelter before you needed it.

Charging order protection limits creditors to LLC distributions, not the underlying assets
Irrevocable trust assets are generally outside the reach of the settlor's creditors
Florida's Domestic Asset Protection Trust (DAPT) allows self-settled trusts with protective features
Titling matters: who owns the asset determines who a creditor can reach
Fraudulent transfer law invalidates transfers made with intent to defraud existing creditors

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What We Do

How We Build Your Sheltering Strategy

Trust-Based Sheltering

Irrevocable trusts and domestic asset protection trusts can place assets beyond the reach of your personal creditors while allowing structured access and benefit.

LLC Charging Order Analysis

Florida law limits a creditor of an LLC member to a charging order against the member's interest, which means the creditor cannot reach the LLC's assets or force a distribution.

Titling Review and Correction

How your assets are titled determines who can reach them. We review current titling and recommend corrections that improve your protective posture.

Florida DAPT Planning

Florida's Domestic Asset Protection Trust statute allows certain self-settled trusts to shelter assets from future creditors. We evaluate whether this tool fits your situation.

Real Estate Sheltering Strategy

Investment properties held in properly structured entities limit creditor access to the equity inside each entity. We design the structure around your portfolio.

Integrated Plan Documentation

We document the entire sheltering structure so any challenge to it has a clear, contemporaneous paper trail showing it was built for legitimate planning purposes.

Natalia Ouellette-Grice, Florida Asset Protection Attorney

Why Clients Choose LCO Law

We Build Shelters That Hold Up Under Scrutiny

We design sheltering structures that hold up under judicial scrutiny
We document planning intent contemporaneously so the purpose is clear
LLM in Taxation keeps the tax implications of trust and entity use in view
We work with you before a claim arises because that is the only time this works
We coordinate sheltering structures with your estate plan so they survive your lifetime

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Common Questions

Sheltering Assets FAQ

Is sheltering assets legal?

Yes. Proactive asset protection using legal entities and trusts is completely lawful. The key distinction is timing and intent. Structures built in advance for legitimate protection purposes are legal. Transfers made with intent to defraud creditors are not. We build plans that are clearly in the first category.

What is a charging order and why does it matter?

A charging order is the exclusive remedy available to a judgment creditor of an LLC member in Florida. It gives the creditor the right to receive distributions if and when the LLC makes them, but it does not give the creditor control of the LLC or direct access to its assets. A creditor who holds a charging order against a well-structured LLC may effectively receive nothing.

What is a Florida Domestic Asset Protection Trust?

Florida law allows certain irrevocable trusts, called Domestic Asset Protection Trusts or DAPTs, in which the person creating the trust can also be a beneficiary while still shielding the trust assets from creditors. There are specific requirements and waiting periods. Not every asset or person qualifies, and the planning must be done carefully.

Can sheltering protect me from a lawsuit that has already been filed?

No. Fraudulent transfer law allows courts to unwind transfers made with intent to hinder, delay, or defraud creditors. If litigation is pending or imminent, contact an attorney before moving anything. Sheltering works when it is done in advance.

How does asset sheltering affect my estate plan?

Assets in trusts and protected entities pass differently than personally held assets. We coordinate your sheltering structures with your estate plan to ensure that protected assets transfer to your heirs in a way that preserves the protection.

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