Ronald A. Jones, PA, Attorney at Law
Will a revocable trust provide asset protection for me in Florida?
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Will a revocable trust provide asset protection for me in Florida?
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A revocable trust in Florida will not provide any asset protection beyond what you could accomplish without he revocable trust.
 
During your lifetime, any assets in a revocable trust are available to creditors,; just because an asset is in a revocable trust does not mean that people you owe money to can't get at the asset.  And after you r death Florida law makes the revocable trust liable for up to two years for any money you owed, subject to a few exemptions, such as your homestead; which would apply even if there were no revocable trust.
 
In fact, a poorly drafted revocable  trust could provide less protection from creditors than holding an asset outside of a  trust.  Property owned as tenants by the entirety (between a husband and wife) in Florida is exempt from all creditors of one spouse; in order to recover against an asset owned as tenants by the entirety, the creditor has to be owed money or  hold a judgment against both spouses.  And, upon the death of one spouse, any assets owned as tenants by the entirety will pass outright to the surviving spouse, outside of probate and out of the reach of any creditors of the deceased spouse.  Placing that same asset in a revocable trust owned by one spouse and making the surviving spouse a beneficiary of the trust could make that asset available to creditors of the deceased spouse; in other words it would go to pay people who were owed money by the deceased spouse instead of going to the surviving spouse.

 

Ronald A. Jones, PA, 15600 A S US Hwy 441 Summerfield FL (352) 347-2288

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