Estate planning, probate & elder law in Fort Lauderdale
Estate planning, probate & elder law in Fort Lauderdale
Home/Asset protection
Asset protectionA lifetime of work deserves a shield. John Clarke helps South Florida families and business owners protect their homes, savings, and investments from creditors, lawsuits, and claims, legally and well before trouble arrives.
Asset protection is legal planning that puts your home, savings, and business out of easy reach of creditors and lawsuits. Done in the open and done early, it is one of the smartest moves a family can make.
Three steps, planned ahead of any trouble, so the protection holds when it is tested.
We look at what you own, how it is titled, and where the real risk sits, whether that is a business, a rental, or a professional practice.
Homestead, the right entities, trusts, and titling, layered together correctly so each asset is protected to the fullest extent Florida law allows.
A plan only works if it is maintained. John keeps the structure current as your assets grow, your business changes, and the law evolves.
In an increasingly litigious world, protecting your assets is essential to safeguarding your financial future. Asset protection uses legal strategies designed to shield your wealth from lawsuits and other financial risks. Florida asset protection attorney John Clarke can help you protect what matters most.
Schedule a free consultationFlorida provides a unique legal environment with both exempt and non-exempt classes of assets. Exempt assets, such as your homestead, certain retirement accounts, and life insurance policies, are generally protected from creditors. Other assets may not be protected unless you take specific steps to move them from a non-exempt class into an exempt one. That transfer is a crucial part of asset protection and requires a thorough understanding of the law.
A key component of asset protection is transferring assets out of your name and into legal entities that are difficult, if not impossible, for creditors to reach. This might include trusts, limited liability companies, or other structures designed to safeguard your wealth. By moving assets out of your personal name, you significantly reduce the risk of losing them to a creditor's claim.
We help you choose the most appropriate vehicle to hold your assets (a limited liability company, S corporation, C corporation, or limited partnership) based on your goals, tax situation, and liability concerns. The formation and management of these entities is governed by the Florida statutes, including Chapter 605 (the Limited Liability Company Act), Chapter 607 (the Business Corporation Act), and Chapter 620 (the partnership laws).
Our most effective plans layer protection through multiple entities. For example, a client with high liability exposure might create a separate LLC for each investment property, then form a family limited partnership to hold the ownership interests in all of them. Each structure provides protection on its own, and together they provide much stronger protection than either could alone.
Every financial situation is unique, and there is no one-size-fits-all solution. The type of assets you own, your exposure to risk, and your long-term goals all shape the right strategy. John Clarke works closely with each client to build a customized plan that fits both their needs and Florida's specific legal framework, so you can focus on building and enjoying your legacy with peace of mind.
Rated 5.0 across 63 verified reviews on Avvo, Google & Thumbtack
“We just completed our revocable trust, living wills and powers of attorney with John Clarke. He made the entire experience so simple; he is very patient, responsive and took the time to answer our questions, and we had so many of them. We had put off creating our trust and will because we thought it would be complicated and expensive. John made it easy to understand and his charges are very reasonable.”
Kenny Luc
Revocable trust, living wills & powers of attorney · via Google
Oct 2026
“I rolled the dice on John Clarke and won. He cares about his clients, gets back in a timely manner and anticipates your needs. Highly recommended for probate actions.”
Ron Kanterman
Probate · via Google
Sep 2026
“I highly recommend this elder law attorney. He was knowledgeable, compassionate, and professional throughout the entire process. He took the time to explain every step clearly, answered all of my questions with patience, and made what could have been a very stressful situation much easier to navigate. His expertise in elder law, Medicaid planning, and estate matters gave my family confidence that we were making the right decisions.”
Nancy Serbellon
Elder law & Medicaid · via Google
Jul 2026
Honest answers, no false promises.
No. If you own a home, have savings, or run a business, you have something worth protecting. Many of the most effective tools, starting with Florida homestead, are available to ordinary families.
Before there is any claim. Asset protection works because it is in place ahead of trouble. Moving assets after a lawsuit or debt arises can be undone by the courts, so timing is everything.
Florida shields your primary residence from most creditors, with very few exceptions. It is one of the strongest protections in the country, but it has to be claimed and structured correctly to rely on it.
Used properly, an LLC separates your personal assets from business risk. The protection depends on setting it up and running it the right way, which is exactly where good legal advice pays off.
No. Legitimate asset protection is done in the open, follows the law, and is planned in advance. John will never help anyone defraud a creditor, and he will tell you plainly what is and is not allowed.
Yes. You work with John himself from the first call, not a call center or a junior associate.
Florida land trusts allow property owners to maintain privacy while preserving control over real estate through a statutory trust structure.
Read articleFlorida's constitutional homestead protection shields your home from most creditor claims, with key exceptions for mortgages, taxes, and construction liens.
Read articleHow a Florida land trust keeps real estate ownership private, how the trustee-beneficiary structure works, and why pairing it with an LLC strengthens asset protection.
Read articleComprehensive overview of cryptocurrency asset protection strategies, tax implications, and creditor exposure under Florida law.
Read articleFlorida's homestead tax exemption reduces a home's taxable value by a little over $50,000 ($51,411 for 2026), lowering property taxes for eligible homeowners.
Read articleFlorida's constitutional homestead provision protects primary residences from creditor seizure, with exceptions for mortgages, taxes, and HOA fees.
Read articleOffshore Asset Protection Trusts are powerful wealth protection tools established in foreign jurisdictions with superior asset protection laws.
Read articleJoint ownership of property can shield assets from creditors in Florida through structures like tenants by the entirety for married couples.
Read articleA Florida LLC protects members' personal assets from LLC debts and offers charging order protection for multi-member structures.
Read articleBrowse all asset protection articlesTalk to John about your home, your savings, and your business. The first consultation is free, and the best time to plan is now.
✓ Free, no-obligation consultation
No call center and no junior associate. You reach John directly. The first consultation is free, and there is no obligation.
Serving clients across Broward, Miami-Dade, and Palm Beach counties.
