Justia Lawyer Rating
lawyer.com
Super Lawyers
NAELA
Martindale-Hubbell
AVVO
AFELA

Florida Asset Protection Trust

A Florida Asset Protection Trust is designed to protect assets from future creditors. They can be used to protect assets from traditional creditors as well as Medicaid. When used to protect assets from Medicaid, there can be a 60 month look back period.

Attached is a link to a Law Review Article on Irrevocable Pure Grantor Trusts and their use in protecting assets.

This article will describe how the Irrevocable Pure Grantor Trust can be used to help clients who are not subject to estate tax, but want to maintain control and protect what they have, for their needs and their family. It will provide an objective analysis of several areas of law and include statistics, legal citations and other scholarly writings that demonstrate how the legal strategies or features used in the Irrevocable Pure Grantor Trust make it uniquely different from other irrevocable trusts. Experts have different opinions on the impact of these features when used in an irrevocable trust where the grantor retains a benefit (“self-settled trusts”), but the analysis will confirm universal agreement and well established law on the applicability of each legal feature and its result when used in the Irrevocable Pure Grantor Trust. It is easy for attorneys to become confused and disagree on the impact of a feature when a different outcome can occur when it is used in different legal contexts. For example, retaining a “power of appointment” to a grantor produces a different result when used in a trust intended for tax, asset protection, Medicaid, or general estate planning purposes. In addition, variations of a feature, such as a “general,” “non-general,” or “limited” power of appointment, when used in each area of planning, can have a significantly different impact. What makes it confusing is that a negative impact created by using a feature in one planning area, may cause a positive impact in another.

Follow this link to download the Asset Protection Law Review Article.

Client Reviews
★★★★★
"As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently..." Michael Starling
★★★★★
"I've had Mr. Goldman do my entire estate planning as well as my gun trust. I highly recommend him and his firm. If you're planning a gun trust, trust no one else Mr. Goldman is one of if not the best versed on this topic." Howard
★★★★★
“Attorney Robert Wilbert of David M Goldman, PLLC, will be the first and only attorney I would ever recommend to a consumer in my position. Mr. Wilbert was professional, answered my numerous questions without hesitation, provided straightforward answers and options. He explained the process thoroughly. He was available to assist before and after the process to make sure all issues had been resolved…” Kameron Knowlton
★★★★★
“Great service is an understatement. We bought several properties that Mr. Goldman handled for his clients. The communication and explanation of everything was terrific. I would definitely recommend him for all of your real estate needs.” Kassandra
★★★★★
“After struggling with 2 probate cases prior to hiring attorney Goldman I was extremely apprehensive during the hiring phase. Not only did Attorney Goldman assure me they could take care of this his office was wonderful. Jennifer was assigned to my case and she was wonderful and were able to guide another probate case I had saving me additional time and frustration. Highly recommend this office.” Debbie