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 …

Homeowners Association Demands Dues From Homestead Sale

Jon Alper Uncategorized

Mortgages, mechanics liens, homeowner association liens are exceptions to Florida homestead protection. These three types of liens must be paid off in order to transfer clear title to a homestead property. One of my clients stated that a title company required that he pay past-due HOA assessments in order to sell his homestead even though the HOA had not recorded …

Maximum Amounts Of Administrative Garnishment

Jon Alper Uncategorized

This brief post supplements a post earlier this year concerning federal agency administrative wage garnishments. The earlier post stated that state law garnishment exemptions to do apply to administrative garnishments by federal agencies collecting debts to the federal government, such as student loans. The post also stated that administrative wage garnishments are limited to 25% of disposable income pursuant to …

Umbrella Insurance Against Breach of Fiduciary Duty Claims

Jon Alper Florida Asset Protection Planning, Uncategorized

In past years I’ve had several clients sued by members of their own family because the client allegedly had mismanaged or had improperly benefited from an estate or trust for which they were named as personal representative of trustee.  This past week one of my clients who was the target as trustee discovered that claims that could be filed against …

Foreclosure of Equitable Lien on Florida Homestead

Jon Alper Uncategorized

The Florida Supreme Court established in the Havoco case that  equitable liens are  an exemption from Florida’s homestead protection. A judgment creditor may be entitled to an equitable lien on the homestead for the amount of money obtained by fraud or other egregious actions a judgment and subsequently used to purchase or improve a homestead. The creditor my trace the …

Self-Created Impossibility of Compliance With Bankruptcy Court Orders

Jon Alper Uncategorized

A federal bankruptcy court ordered a debtor to turn over to a bankruptcy trustee money the debtor had received from a property auction. Although initially admitting he received the money, at a subsequent contempt hearing the debtor said the had spent the money so there was nothing left to turn over. The court considered whether the debtor’s inability to return …

Utah Enacts Favorable Asset Protection Trust Statute

Jon Alper Uncategorized

Only a few states have enacted asset protection trust legislation to provide creditor protection through a self-settled irrevocable trust. Those states with domestic asset protection trust (DAPT) statutes compete with one another by maintaining laws that attract investment assets to their state from people seeking asset protection benefits. In 2013, Utah enacted a revised domestic asset protection trust statute that …

Changes May Be Coming To Fraudulent Transfer Statutes

Jon Alper Fraudulent Transfers, Uncategorized

Florida’s fraudulent transfer law is for the most part the enactment of the Uniform Fraudulent Transfer Act. The Uniform act is adopted by most, if not all, states including Florida. On July 16, 2014, the National Conference of Commissioners on Uniform State Laws (NCCUSL) unanimously adopted the Uniform Voidable Transactions Act to replace the Unifrm Fraudulent Transfer Act.

Rehearing Denied: Sargeant Case is Now Law

Jon Alper Uncategorized

I wrote a post about an important Florida appellate decision the restricted a creditor’s ability to go after a debtor’s assets situated anywhere outside Florida. The decision concluded that a creditor could not hold a Florida debtor in contempt of court for his failure to retrieve money and stock held outside the state. The creditors filed motions for rehearing, rehearing …

Presentation At National LLC Seminar

Jon Alper Uncategorized

I will be making a two-hour presentation on May 23, 2014, at a nationally broadcast seminar sponsored by MyLaw CLE. The seminar is titled LLC Drafting Workshop 101. The speech will cover basics of using limited liability companies in business planning and asset protection. I will make my basic LLC forms available to seminar participants, and I will discuss which …