Wage Protection Umbrella: How Large?

Florida Statute 222.11 protects from garnishment salary of unlimited amounts earned by a head of family. The statute defines a “head of family” as someone who provides more than 50% of the support for a child or other dependent.

Tenants By Entireties With California Spouse?

A client presented today an interesting question which I can not answer with any certainty. The well-established rule under Florida case law is that tenants by entireties property (property owned jointly by husband and wife) is immune from creditors of either spouse individually, but the property is not protected from joint creditors. This particular client …

Tenants By Entireties With California Spouse? Read More »

Choice of Business Entity For Attorneys and Doctors

A professional cannot use a corporate shield to protect himself from malpractice. A professional is anyone who under Florida law is required to obtain a license in order to practice their trade. Florida statutes provide for distinct entities engaged in a professional business.

Limited Liability Partnerships

I’ve said this many times and to many people, but it needs to be repeated. In 1999, the Florida legislature pased CS/HB 361 amending Florida Statutes 620.8101 to provide, among other things, for limited liability partnerships (LLP) and limited liability limited partnerships (LLLP).

Some Annuities May Not Be Protected

Florida Statute 222.14 protects annuities owned by Florida residents from creditor claims and judgments. Some people have asked whether variable annuities are included under the same statutory protection.

Prohibited Transaction Forfeits IRA Protection

Florida Statute 222.21 protects from creditors financial assets that qualify under specified sections of the Internal Revenue Code to include most IRAs, 401k plans, and other common tax “qualified” retirement plans.

Scroll to Top