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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
After years of trying to protect my assets from creditors, I was shocked to find out that my assets were unprotected in ways I had never considered. Not only had I placed my assets at risk from my mother's creditors, but I had placed my assets at risk from other family members who were intent on manipulation. When my mother died, I discovered that a family member had changed my mother's estate planning documents. Mr. Goldman and his team were able to explain what went wrong and successfully defended my position in court. During the case, I learned that I could have had much better protection from family and creditors, thus avoiding years of litigation and undue familial stress. When it comes to protecting your assets and your family, I would highly recommend hiring Mr. Goldman and his team. Bill H.
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. In addition, Mr. Goldman can help real estate investors structure trusts to protect their assets from creditors. Michael Starling
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