Asset Protection Handling Every Case as if it were our own

Asset Protection Attorney in Jacksonville

Integrated Estate & Real Estate Planning for Duval County Residents

Florida law gives residents some of the strongest built-in asset protections in the country. Those protections work best when an attorney coordinates them into a plan built around your specific situation. At Hedstrom Law, P.A., we handle asset protection for clients in Jacksonville, FL, as part of a practice that spans estate planning, trusts, probate, and real estate law. That combination lets us connect the legal tools that protect your home, savings, and property into a single, coherent strategy rather than a patchwork of disconnected steps.

Proactive planning before a claim arises gives you the widest range of options. Waiting until a lawsuit is filed or a creditor makes a demand limits what can be done legally and effectively.

To discuss your asset protection goals with our team, call (386) 200-6547 to schedule a free consultation. Evening and weekend appointments are available.

Lady Bird Deeds & Life Estate Planning in Jacksonville

One of the most effective and underused tools for Florida homeowners is the Lady Bird Deed, also called an enhanced life estate deed. It allows you to transfer your real estate to named beneficiaries at death without going through probate, while keeping full control of the property during your lifetime. You can sell the property, mortgage it, or change the beneficiaries at any time without their consent. That flexibility separates it from a traditional life estate deed.

For Jacksonville homeowners thinking about long-term care costs, the Medicaid dimension matters. Under current Florida law, property passing through a Lady Bird Deed is generally outside the reach of the Medicaid Estate Recovery Program (MERP) because MERP may only recover from the probate estate. A Lady Bird Deed also doesn’t trigger Medicaid’s five-year lookback period, since the owner retains the right to revoke or sell the property during their lifetime. These protections reflect current Florida law and MERP policy, which can change with legislative or regulatory action.

A few practical points about Lady Bird Deeds:

Homestead protections are generally preserved when the deed is properly drafted, including the Save Our Homes assessment cap
Homestead law requires careful drafting when a surviving spouse or minor children are involved under Florida Statute section 732.401
Only real property is covered other assets require separate tools such as beneficiary designations, pay-on-death accounts, or trusts
Cost and simplicity make a Lady Bird Deed a practical alternative to a revocable living trust when the primary goal is keeping one Florida property out of probate

Because our practice includes both real estate law and estate planning, we handle the deed drafting alongside the broader estate plan. Title considerations, beneficiary coordination, and long-term care planning are addressed together, not referred out to a separate engagement.

Why Jacksonville Clients Work With Hedstrom Law, P.A.

Asset protection planning that touches both deed drafting and estate strategy requires an attorney who can address all of it in one place. Our attorneys are familiar with local courts and the legal community throughout Duval County, which informs how we structure strategies. We treat clients as team members, which means direct communication, clear explanations of your options, and decisions that stay in your hands.

We serve clients throughout Jacksonville and Putnam County. Free consultations are available, with evening and weekend scheduling for clients who can’t step away during business hours. Call (386) 200-6547 to schedule a consultation about protecting what you’ve built.

How Florida Law Structures Asset Protection

Florida’s asset protection framework draws from three sources: the Florida Constitution, Florida Statutes, and Florida Common Law. Each layer contributes different protections, and understanding how they interact is the foundation of any sound plan.

The Florida Constitution establishes the homestead exemption, which protects a primary residence from most creditor claims. Within a municipality, the protected area is limited to one-half acre of contiguous land. Outside a municipality, that limit expands to 160 acres. To qualify, the owner must occupy the property as their primary residence and hold legal title or a qualifying beneficial interest.

Florida statutes extend protection to a range of additional assets:

Retirement accounts including IRAs and 401(k) plans
Life insurance cash value and annuity contract proceeds
Disability income benefits
Head-of-household wages up to statutory limits
Prepaid college tuition plans

Tenancy by the entireties is a form of co-ownership available to married couples in Florida. It protects jointly held assets when only one spouse faces a creditor claim, since the creditor can’t force a partition or lien the property without the non-debtor spouse’s consent.

One boundary applies across all structures: Florida’s fraudulent transfer statutes. Transfers made with intent to hinder or delay a creditor can be unwound by a court regardless of the legal vehicle used. Timing and intent both matter, which is why planning before a claim exists is important.

Common Asset Protection Planning Tools

No single tool covers all assets or all risk categories. An effective plan layers multiple structures, each matched to the asset type, the likely threat, and the client’s long-term goals.

Revocable Living Trusts

A revocable living trust keeps assets out of probate and allows a successor trustee to manage the estate during incapacity. It doesn’t, however, shield assets from the grantor’s creditors during their lifetime, because the grantor retains control over the trust.

Irrevocable Trusts

Once properly established, an irrevocable trust can remove assets from the grantor’s estate and place them beyond the reach of many creditor claims. The tradeoff is the loss of direct control over the transferred assets. Medicaid Asset Protection Trusts are a specific type of irrevocable trust used in long-term care planning.

Business Entity Planning

For small business owners and real estate investors, entity selection is a central asset protection decision. Under Florida law, a multi-member LLC limits a creditor’s remedy to a charging order against the member’s economic interest, which prevents the creditor from foreclosing on the membership interest or taking ownership of the entity itself.

Long-Term Care Planning

Nursing home and assisted living costs are among the most significant financial threats Florida families face. Medicaid planning addresses this directly and may include Lady Bird Deeds, irrevocable trusts, and income planning strategies coordinated to meet current eligibility rules.

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