Statute of Limitations After Discovery of A Fraudulent Transfer

Jon Alper Uncategorized

Creditor actions for fraudulent transfers must be brought within four years of the transfer pursuant to Florida Statute 726.110. There is a “savings clause” that gives creditors no less than one year to file an action after they discover the transfer regardless of whether the transfer occurred more than four years ago. There is a difference between discovery of a …

Onine Will Form Leaves Asset Protection Disaster

Jon Alper Uncategorized

There are many websites that sell estate planning forms including wills and living trusts. Some websites help you create forms by filling in blanks. You can save a lot of legal fees by doing your estate planning forms yourself with the help of online services. Sometimes, the forms you create for your own family do a good job and save …

Garnishment of Malpractice or Injury Claim After Resolution

Jon Alper Writ Of Garnishment

One of my clients has a claim against a physician for medical practice, but he also has money judgments against him arising out of commercial foreclosure during the real estate recession. He is considering settling his malpractice claim. He ask whether his judgment creditor can garnish the claims or the proceeds of a settlement.

Non-Debtor Spouse’s Independent Right To Assert Homestead Exemption Against Debtor’s Spouse’s Creditors

Jon Alper Homestead Exemption

One of my married clients purchased a Florida homestead in his own name, and then he transferred the house to his LLC. A creditor obtained a judgment against the client, but the creditor did not seek a judgment against the wife. He asked me for my opinion about whether the creditor could levy on his homestead. Homestead exemptions are limited …

Exemption of ESOP Plan Benefits in Florida

Jon Alper Florida Exemptions

Exemption of a debtor’s interest in ESOP plans depends upon statutory provisions and the terms of the company’s written plan documents. One of my clients asked me to evaluate his interest in an ESOP containing stock from Publix. He had accumulated Publix stock in an ESOP through his employment with Publix. The issue of ESOP exemptions has come up infrequently …

Differences Between HOA Liens and Condo Association Liens on Homestead Property

Jon Alper Homestead Exemption

A reader sent me a question about liens on homestead properties in favor of condominium associations compared to liens in favor of homeowner associations in a single family house community. Condo associations and HOAs can place a lien on a homestead for non-payment of dues or unpaid assessments. The reader had read somewhere that these types of liens expire after …

Can Person Responsible For Another’s Death Receive Property or Money On Account Of The Death?

Jon Alper Estate Planning

This question was presented by one of my new clients: Larry and Moe are business partners. There are reciprocal one million dollar life insurance policies naming each other as primary beneficiary and their spouses as contingent beneficiaries. Larry and Moe are feuding about their business. They get into a physical altercation which unfortunately results in Moe shooting Larry to death. …

Fishermen Exempt From Wage Garnishment: Federal Law

Jon Alper Business Asset Protection, Writ Of Garnishment

Federal law wage garnishment rules are different than Florida’s rules and exemptions from wage garnishment. For instance, federal law permits garnishment of 15% of net wages without regard to any state exemptions. I just learned about a federal wage garnishment exemption I had never before encountered in asset protection work. Federal statute 46 USC 11109 protects fishermen from wage garnishment. …

Resulting Trust Theory And Title on Deed

Jon Alper Florida Asset Protection Planning

A married judgment debtor can be unpleasantly surprise when a creditor has garnished an account, or levied upon property, titled in their own name. The debtor tries to convince the creditor or court that because he is married the property should be considered an exempt tenants by entireties asset owned jointly with his non-debtor spouse. “ I always intended to …