Asset Protection Forms

We maintain a curated library of forms used in asset protection planning and creditor defense litigation. We provide sample documents and clauses as well as statutory forms. Each entry links to the Word and PDF versions of the form as well as our article on how to use it.

Garnishment Forms

Florida’s garnishment statute gives a garnished person 20 days to claim an exemption, and it prints the forms in the statute itself. Each form below sits on the guide that explains when and how to file it.

Judgment Collection Forms

A Florida money judgment can be settled, satisfied of record, or set aside, and each of those routes runs on a document that has to be right.

  • Stipulation Settling a JudgmentSettlement stipulation for a judgment that has already been entered, drafted from the debtor’s side: payment schedule, notice and cure before default, mutual release, and a deadline for recording the satisfaction in every county. Download: Word (.docx) | PDF
  • Satisfaction of JudgmentThe document the judgment holder signs and records to cancel a paid judgment, with the case caption, the recording book and page, and a notary acknowledgment. Download: Word (.docx) | PDF
  • Motion to Set Aside Default JudgmentVerified motion asking the court to vacate a default and the judgment entered on it, with paragraphs for excusable neglect, the meritorious defense, due diligence, and the void-judgment ground, plus an affidavit page and a proposed order. Download: Word (.docx) | PDF

Homestead and Residency Forms

Florida homestead and residency claims are made on paper. An owner records a homestead statement before any creditor moves, records a notice that clears a judgment lien ahead of a closing, hands a sworn designation to the sheriff once a levy is made, or records a declaration of domicile.

  • Designation of Homestead(§ 222.01(1))The signed statement an owner records with the clerk of the circuit court declaring a Florida property to be the homestead. Optional: the constitutional exemption applies whether or not it is recorded. Download: Word (.docx) | PDF
  • Notice of Homestead(§ 222.01(2))The recorded statutory notice that clears a judgment lien from homestead property before a sale or refinance. The creditor has 45 days to sue or the buyer and lender take free of the lien. Download: Word (.docx) | PDF
  • Notice Designating Homestead After Levy(§ 222.02)Sworn statement handed to the sheriff after a levy on the land, describing what the owner claims as homestead. Delivered before the day set for the sale, it leaves only the remainder subject to sale. Download: Word (.docx) | PDF
  • Declaration of Domicile(§ 222.17)Sworn statement recorded with the clerk of the circuit court declaring Florida your permanent home — the standard first step in establishing Florida residency. Download: Word (.docx) | PDF

Bank Account and Entireties Forms

Florida spouses can own property as tenants by the entireties, beyond the reach of either spouse’s individual creditors. These forms carry the language that records that ownership, in bank paperwork and in a joint trust.

  • TBE Account Designation(§ 655.79)Signed designation language titling a married couple’s new Florida bank account as tenants by the entirety from the day it is opened, with the account-title wording. Download: Word (.docx) | PDF
  • Declaration of Tenancy by the Entirety(§ 655.79)Signed declaration for spouses whose bank never offered an entireties option, recording that the account has been owned as tenants by the entirety since it was opened and that no other form of ownership was ever chosen. Download: Word (.docx) | PDF
  • Living Trust Tenancy by the Entireties Article(§ 736.0505)A full sample article for a Florida joint revocable trust that conditions every transfer of entireties property on the property keeping its entireties character, with the companion removal and disclaimer-routing provisions. Download: Word (.docx) | PDF
  • Purpose and Material Inducement ClauseGives the entireties article precedence over every conflicting trust provision and records that the couple would not have funded the trust without it.
  • Conditional Transfer ClauseMakes every transfer of entireties property conditional on the property keeping that character, so a failed condition voids the transfer from the beginning.
  • Exclusive Beneficial Ownership ClauseLeaves the two spouses the entire beneficial interest while both are alive, with no interest, no information right, and no trustee duty owed to anyone else.
  • Exemption Preservation ClauseStates which exemption the revocable-trust creditor statute is meant to test against entireties property, and preserves homestead and chapter 222 exemptions.

LLC and Business Provisions

A business owner’s creditor protection is written into the entity’s own documents. These forms and sample provisions carry the language that decides what a creditor can reach.

  • Assignment of Stock(§ 678.4011)Sample assignment transferring shares of a closely held Florida corporation, for a married couple taking the shares as tenants by the entireties, with alternatives for certificated and uncertificated shares. Download: Word (.docx) | PDF
  • Corporate Resolution Issuing Stock as Tenants by the Entireties(§ 607.0704)Unanimous written consent of the shareholders and directors authorizing a stock certificate in both spouses’ names as tenants by the entireties, with recital alternatives for shares never certificated, lost certificates, separately held shares being combined, and a new issuance. Download: Word (.docx) | PDF
  • Stock Certificate(§ 607.0625)Sample share certificate for a closely held Florida corporation, for a married couple taking the shares as tenants by the entireties, with the assignment panel that prints on the back. Download: Word (.docx) | PDF
  • Assignment of LLC Membership Interest(§ 605.0401)Sample assignment transferring a Florida LLC membership interest to another person or to a living trust and admitting the new owner as a member, with the member consent admission can require and the manager’s acknowledgment for the company. Download: Word (.docx) | PDF
  • Assignment of Intellectual PropertySample assignment transferring an owner’s patents, trademarks, copyrights, software, trade secrets, domain names, and online accounts. An exhibit identifies the assets assigned. Download: Word (.docx) | PDF
  • Promissory NoteSample note for a private or related-party loan, with alternatives for installment or demand payment, a secured or an unsecured note, and a guaranty. Download: Word (.docx) | PDF
  • Security AgreementThe companion agreement granting the lender a security interest in the borrower’s personal property, with the filing authorization, covenants, events of default, remedies, and a Schedule A describing the collateral. Download: Word (.docx) | PDF
  • MortgageSample Florida mortgage securing the promissory note against real property, with the recording blocks, the covenants on taxes, insurance and upkeep, foreclosure on default, and an optional joining-spouse provision. Download: Word (.docx) | PDF
  • Management AgreementSample agreement engaging a management company to run an operating business for a management fee. Unpaid fees carry forward with interest under the deferral provision, and a security option ties the deferred balance to a security agreement. Download: Word (.docx) | PDF
  • LLC Operating Agreement Asset-Protection Provisions(§ 605.0503)Annotated charging-order, transfer-restriction, distribution, and buyback clauses, with the full provisions document as a download. Download: Word (.docx) | PDF
  • Charging Order Exclusivity ClauseMakes the charging order a creditor’s only remedy by contract and cuts off the information and inspection rights a creditor would use to monitor the company.
  • Involuntary Transfer Restriction ClauseVoids transfers made without member consent and limits an involuntary transferee—an ex-spouse, receiver, or judgment purchaser—to bare distribution rights.
  • Right of First Refusal ClauseRequires a member who wants to sell to offer the interest to the company and the other members first, at the outside buyer’s own price, and puts the restriction on the certificate and the member schedule so a purchaser has notice of it. Download: Word (.docx) | PDF
  • Discretionary Distribution and Deferral ClauseLeaves every distribution to the manager’s sole discretion, so a charging-order lien attaches to payments that never have to happen.
  • Company Buyback Option ClauseLets the company or the remaining members buy out an interest hit by a charging order or divorce at a formula price paid in installments.
  • Buy-Sell Funding ProvisionsFour sample funding alternatives for a buy-sell obligation, company redemption, cross-purchase, trusteed cross-purchase, and a members-owned insurance company, annotated with which creditors reach the policy and the death benefit under each.
  • Buy-Sell Provisions for an Operating AgreementSample article to insert into a Florida LLC operating agreement, obligating the other members to buy a member’s interest on death, disability, or voluntary withdrawal, priced from an annual agreed-value certificate with an appraisal fallback, funded by cross-purchase life insurance, and paid in cash at closing. Download: Word (.docx) | PDF
  • Simplified Single-Member LLC Operating Agreement(§ 605.0105)Governance-only sample operating agreement for a Florida LLC with one member, covering formation, capital contributions, allocations, distributions, management, transfers, dissolution, and the standard closing provisions. Download: Word (.docx) | PDF
  • Simplified Multi-Member LLC Operating Agreement(§ 605.0105)Governance-only sample operating agreement for a Florida LLC with two or more members, adding a schedule of members, capital accounts, allocation and tax provisions, multiple managers, and admission of a substitute member. Download: Word (.docx) | PDF

Trust and Estate Planning Forms

Trust and estate documents are signed once and read years later, when the person who signed them is not there to explain. A distribution standard decides what a beneficiary’s creditor can reach, a certification of trust keeps the terms private at the bank, and a self-proving affidavit gets a will admitted without witness testimony. A spousal waiver gives up a surviving spouse’s statutory rights, and the two deed samples move a Florida home.

  • Simplified Florida Living TrustA complete single-settlor Florida revocable living trust in bracketed sample form, with successor trustee, incapacity, and outright distribution provisions and the witness and notary execution page. Download: Word (.docx) | PDF
  • Simplified Florida Joint Living TrustThe two-settlor counterpart of the sample above: a complete joint Florida revocable living trust for a married couple, with the multi-settlor revocation and amendment rules, survivor administration, successor trustee and incapacity provisions, and the witness and notary execution page. Download: Word (.docx) | PDF
  • Discretionary-Distribution Clause PairThe “shall pay” and “may pay” trust clauses side by side — a mandatory support standard creates a right a creditor can reach; sole discretion leaves a mere expectancy. Download: Word (.docx) | PDF
  • Insolvency Trigger ClauseConverts a beneficiary’s mandatory or age-staged distribution into a wholly discretionary interest if the beneficiary becomes insolvent or a creditor moves against the interest, taking effect before the distribution comes due. Download: Word (.docx) | PDF
  • Spendthrift Clause Sample(§ 736.0502)Sample spendthrift provision restraining voluntary and involuntary transfer of income and principal, with the traps that defeat the clause: self-settled trusts, exception creditors, and beneficiary control over the trustee. Download: Word (.docx) | PDF
  • Trust Governing Law ClauseSample provision naming the law and situs that govern a trust, with the recital of connection to the designated jurisdiction Florida’s governing-law statute requires and a fallback if a court declines to apply the chosen law. Download: Word (.docx) | PDF
  • Floating Spouse ClauseSample beneficiary-definition provision that treats the settlor’s spouse as whoever the settlor is married to and living with at the time, so a separating spouse leaves the beneficiary class without an amendment or a divorce decree. Download: Word (.docx) | PDF
  • Successor Trustee and Removal ClauseSample provision confining who a beneficiary may appoint as trustee to independent banks and trust companies, drafted so the settlor’s own choice of a beneficiary as trustee is untouched. Download: Word (.docx) | PDF
  • Certification of Trust(§ 736.1017)The short sworn summary a trustee hands a bank or title company instead of the trust document, keeping the dispositive terms private. Download: Word (.docx) | PDF
  • Simple Florida WillA standalone Florida will for a testator with no living trust, with bracketed alternatives covering marital status, children, specific bequests, and a guardian for minor children. Download: Word (.docx) | PDF
  • Self-Proving Affidavit for a Will(§ 732.503)The sworn statement signed by the testator and both witnesses before a notary that lets a will be admitted to probate without witness testimony — signed at the will execution or added to an older will later. Download: Word (.docx) | PDF
  • Waiver of Spousal Rights(§ 732.702)The standalone instrument in which one spouse gives up the elective share, homestead, exempt property, family allowance, and the rest of a surviving spouse’s statutory rights. Signed before two subscribing witnesses, before or during the marriage. Download: Word (.docx) | PDF
  • Spousal Waiver Rider for a Prenuptial Agreement(§ 732.702)A separate signed rider, attached to a premarital agreement, in which both prospective spouses give up their surviving-spouse estate rights. It carries the two-witness attestation the premarital act itself does not require. Download: Word (.docx) | PDF
  • Florida Quitclaim DeedComplete quitclaim deed with the preparer and witness blocks a Florida clerk checks before recording. Bracketed passages cover homestead property, a joining spouse, and a recital that cancels a recorded lady bird deed. Download: Word (.docx) | PDF
  • Florida Lady Bird DeedComplete enhanced life estate deed reserving the owner’s power to sell, mortgage, or revoke without the beneficiary. Bracketed passages cover homestead property and a spouse who joins the deed to waive homestead rights. Download: Word (.docx) | PDF

Offshore Trust and LLC Forms

An offshore trust is only as good as the provisions in its deed and the filings that follow it. The entries below map what a Cook Islands trust deed contains and set out the provisions that carry the protection. They also cover the deed of gift that funds the trust, the letter of wishes that tells the trustee what the settlor had in mind, and the operating agreement of a Nevis LLC. The compliance checklist covers the annual United States filings a foreign trust adds for its grantor.

  • Cook Islands Trust Deed ProvisionsA section-by-section map of what a Cook Islands trust deed contains, with annotated sample provisions for the parts that carry the asset protection, and a downloadable basic sample agreement setting those provisions out in full and marking every remaining standard article as a placeholder. Download: Word (.docx) | PDF
  • Beneficiary and Exclusion ProvisionsSample deed provisions naming the beneficiary class, reducing a beneficial interest to a right to be considered for a distribution, defining who may never take a benefit, and letting the trustee exclude a beneficiary whose distribution would reach a judgment holder.
  • Protective (Spendthrift) ProvisionsSample offshore restraint on transfer by a beneficiary and on creditor process, which voids a purported disposition rather than prohibiting it, directs the trustee to ignore an order affecting an interest, and reaches the interest of a beneficiary who is also the settlor.
  • Distributive DiscretionSample provision giving the trustee absolute discretion over distributions with no health, education, maintenance or support standard, no obligation to answer a request, and no duty to disclose the reasons for a decision.
  • Reserved Testamentary Power of AppointmentSample provision reserving to the settlor of a foreign trust a power, exercisable only by will, to appoint the trust fund among a limited class, which is the mechanism that keeps the funding an incomplete gift for federal gift tax purposes. Download: Word (.docx) | PDF
  • Protector Powers Schedule (Negative Powers Only)Sample protector provisions turning the governance powers of an offshore trust deed into consent requirements, keeping the power to remove a trustee and withholding the power to name the replacement. Download: Word (.docx) | PDF
  • Duress Clause SampleSample provision directing the trustee to disregard directions given under compulsion of a foreign court order, with automatic suspension of the settlor’s and protector’s powers, and the judicially stated limits on what the clause achieves. Download: Word (.docx) | PDF
  • Jones Clause SampleSample provision authorizing the trustee to pay one identified creditor’s claim out of trust property on stated conditions, drafted to operate as an exception to the duress clause. Download: Word (.docx) | PDF
  • Flight (Redomiciliation) ClauseSample provision letting the trustee move a foreign trust’s governing law and administration to a pre-approved jurisdiction, appoint a successor trustee there, and retire, with the trigger conditions and the limit that a change of situs does not reach.
  • Trustee Tax Reporting ProvisionSample provision obliging a foreign trustee to obtain a taxpayer identification number, sign and file the trust’s annual United States information return, issue the owner and beneficiary statements, and deliver year-end records by a fixed date. Download: Word (.docx) | PDF
  • Deed of Gift (Trust Funding)The instrument that transfers assets from the settlor to the trustee of an existing offshore trust, with the gift, delivery, and acceptance clauses, the settlor’s ownership representations, a governing-law fill-in tied to the trust, and a Schedule A listing the property given. Pairs with the Assignment of LLC Membership Interest where the gift includes an LLC interest. Download: Word (.docx) | PDF
  • Sample Letter of WishesA complete sample letter from the settlor of a Cook Islands trust to the trustee, in bracketed form: a recital stating that the letter creates no trust term, no obligation and no beneficial interest, guidance on distribution priorities and standards, wishes for life events and for a period of legal pressure, and a settlor-only signature. Download: Word (.docx) | PDF
  • Offshore Trust Tax Compliance ChecklistThe four annual United States filings a foreign trust adds for its grantor, Forms 3520 and 3520-A, the FBAR and Form 8938, with who files, what triggers it, the deadline and extension, and the penalty exposure for each, plus the one-time items, a year-end sign-off page, and the official IRS and FinCEN pages where the current forms are published. Download: Word (.docx) | PDF
  • Nevis LLC Operating Agreement (Basic Form)A basic sample operating agreement for a Nevis LLC, with the charging order, distribution, involuntary-transfer, governing-law and creditor-bond provisions set out in full. It is not the agreement we use for clients, and the tax, records, amendment, general and execution articles are named rather than reproduced. Download: Word (.docx) | PDF
  • Nevis LLC Charging Order ClauseSample operating-agreement provision limiting a member’s creditor to a charging order, holding its holder to the rights of an assignee, leaving distributions to the manager’s discretion, ending the order’s effect on expiry, and barring an involuntary transferee from admission as a member.
  • Nevis LLC Creditor Bond ClauseSample operating-agreement provision on the security for costs a creditor must deposit before proceeding in Nevis, putting the waiver beyond the manager’s reach and making the application for security a duty.
No forms match your search.