Life Insurance Confusion

Jon Alper Florida Exemptions

Some people are confused about the protection from creditors afforded to life insurance owned by Florida residents. Florida statutes state that cash value of life insurance, in whatever form, owned by the insured is exempt from the owner’s creditors.

Underestimating Government Creditors- again!

Jon Alper Florida Asset Protection Planning

People seeking asset protection continuously underestimate the intelligence and powers of their creditors, especially government creditors.. A case in point is a client who consulted with me in March about potential lawsuits by private individuals and one or more government agencies seeking civil remedies. My advise was that the particular creditors, and particularly the government agencies, would within a week …

Bankruptcy Decision: Tenants by Entireties

Jon Alper Tenants By Entireties

I received an email for an attorney about a bankruptcy court decision in Michigan which held that filing bankruptcy destroyed a tenancy by entireties. The decision was described as an indication of the end of tenants by entireties protection.

Wage Protection Statute

Jon Alper Writ Of Garnishment

Florida Statute 222.11 exempts for creditors salary and other compensation for personal services paid to the head of household of a Florida family. Many closely held businesses and self employed persons confuse the asset protection of this statute.

Instant Florida Residency?

Jon Alper Florida Residency

Someone presently domiciled outside of Florida asked whether they could do something in Florida which would allow them to be a Florida resident and still work and live in their present domicile. The answer is clearly “no way.”

Married Couple Living in Two States

Jon Alper Florida Asset Protection Planning

Interesting legal problem today involving a husband who was moving to Florida to find new work and a new house. His wife wanted to remain in another state with their child until the child finished high school. The couple had retained separate lawyers in contemplation of a divorce