The Benefits of Asset Protection and Finding an Asset Protection Attorney

August 19, 2023

What is asset protection?


Asset protection is a legal strategy used to protect your assets from creditors, lawsuits, and other legal claims. It involves structuring your assets in such a way that they are difficult to access and liquidate by creditors or other parties. This can include setting up trusts, transferring assets to family members, or establishing offshore accounts. Asset protection strategies can also be used to minimize taxes and maximize asset growth. 


Types of asset protection


There are several different types of asset protection strategies, including: 


Domestic Asset Protection Trusts - Domestic asset protection trusts are a type of trust that can be used to protect assets from creditors. The trust is set up by a trustor (the person setting up the trust) who transfers assets to a trustee (the person managing the trust). The trustee is responsible for managing the trust assets and protecting them from creditors. 


Offshore Asset Protection Trusts - Offshore asset protection trusts are similar to domestic asset protection trusts, but they are set up in an offshore jurisdiction, such as the Cayman Islands or the British Virgin Islands. These trusts are more difficult for creditors to access and can provide more protection for assets. 


Family Limited Partnerships - Family limited partnerships are a type of partnership between family members that can be used to protect assets from creditors. The partnership is set up by the family members, who are the limited partners. The limited partners are not liable for the debts of the partnership, so their assets are protected from creditors. 


Benefits of asset protection


Asset protection can provide several benefits, including: 


Protection from creditors - Asset protection strategies can help protect your assets from creditors and other legal claims. This can help you keep your assets safe and secure. 


Tax benefits - Asset protection strategies can also provide tax benefits. For example, setting up a trust can help reduce your tax liability and maximize asset growth. 


Peace of mind - Asset protection can provide peace of mind, knowing that your assets are protected and secure. 


Do I need asset protection?


Whether or not you need asset protection depends on your individual situation. If you have a lot of assets or are facing potential legal claims, asset protection may be a good option for you. It is also a good idea to consult with an asset protection attorney to determine if asset protection is right for you. 


Finding an asset protection attorney in Melbourne, FL


If you are looking for an asset protection attorney in Melbourne, there are several options. You can search online for asset protection attorneys in your area, or you can contact the local bar association for a list of qualified attorneys. You should also ask for referrals from friends and family who have used asset protection attorneys in the past. Once you have a list of potential attorneys, you should research their experience and qualifications to make sure they are the right fit for your needs. Asset protection is an important part of financial planning and can provide many benefits. Ruth Rhodes is a board certified elder law attorney at Rhodes Law, P.A. She can assess your assets for vulnerabilities and assist you in maximizing protection from creditors.  Contact us at 321-610-4542 and schedule your consultation today!


You might also like

November 16, 2025
Medicaid: Who Is Eligible? Good question. It depends — there's no single “Medicaid age” that applies to everyone. Eligibility depends on income , age , state , whether you’re a parent , disability , etc. Here’s how it generally works and how you can sign up. Who Is Eligible for Medicaid Medicaid covers: children, low-income adults, pregnant women, people with disabilities, and older adults. ( USAGov ) Under the Affordable Care Act (ACA), many states have expanded Medicaid to cover most low-income adults under age 65. ( Medicaid ) For people 65+ or those who are disabled, there are different rules (often linked to Social Security/SSI). ( Medicaid ) Non-financial eligibility also matters: you typically need to be a resident of the state you’re applying in. ( Medicaid ) At What Age Can You Sign Up Children : Medicaid (or CHIP) often covers children up through their teen years, depending on state income limits. ( Medicaid ) Adults under 65 : If your state has expanded Medicaid, adults under 65 with low income may qualify. ( Medicaid ) 65 and older : Older adults with low income can also qualify, sometimes in combination with Medicare. ( Medicare.org ) Disability : If you have a qualifying disability, you might be eligible at any adult age. ( Medicaid ) How to Sign Up for Medicaid Here are the main steps to apply: Check Your State’s Medicaid Agency Since Medicaid is run by states, the first place to check is your state Medicaid office. ( USAGov ) Apply Through the Health Insurance Marketplace You can apply via HealthCare.gov . If someone in your household might qualify, your application can be forwarded to your state’s Medicaid agency. ( HealthCare.gov ) Call the Marketplace at 1-800-318-2596 if you want help. ( HHS ) Apply Directly Through Your State Many states let you apply online, by mail, over the phone, or in person at a local Medicaid office. ( ACL ) You’ll need documents like: name, date of birth, Social Security number, proof of income, proof of citizenship or legal residency, proof of state residence. ( USAGov ) What Happens After You Apply Once you're found eligible, coverage can start either on the date of application or at the beginning of that month, depending on your state. ( Medicaid ) In many places, Medicaid can cover you retroactively (for up to 3 months before you applied) if you were eligible during that time. ( Medicaid ) Things to Watch Out For State Differences : Because rules vary by state, what qualifies in Florida (or wherever you are) might be different than in another state. Renewal : Medicaid coverage isn’t always permanent — you may have to renew periodically. ( USAGov ) Documentation : Missing paperwork can delay your application. Make sure you gather all required documents before you apply. Get Help : If the process seems confusing, you can get help from “navigators” or local health‑care assistance organizations. Medicaid is a medical assistance program that ensures access to healthcare for low-income individuals and families. It also helps seniors and people with disabilities cover the costs of skilled nursing care, as well as other medical and long-term care expenses. Ruth C. Rhodes provides guidance to clients on qualifying for, obtaining, and maintaining Medicaid benefits. She employs a variety of legal strategies and instruments designed to protect and preserve assets while maintaining Medicaid eligibility. Ruth advises clients on the most suitable long-term care and living arrangements for their specific circumstances. Additionally, she creates personalized plans for clients and their families, helping them manage personal and financial resources effectively to achieve their long-term goals as their loved ones age. For assistance, call Rhodes Law, P.A. at 321-610-4542 and let Ruth and her team create a personalized plan for you and your family!
October 3, 2025
When most people think of estate planning, they imagine wills, trusts, and dividing up assets among human beneficiaries. But for many of us, pets are more than just animals — they’re beloved family members. Unfortunately, in the eyes of the law, pets are still considered property. That means if you don't have a plan in place, your pet’s future could be uncertain. Let’s talk about how to include your pets in your estate plan, so they continue to receive the love and care they deserve, no matter what the future holds. Why Pet Estate Planning Matters Imagine you're suddenly hospitalized or pass away unexpectedly. Who will feed your cat? Walk your dog? Ensure your parrot’s special diet is maintained? Without clear instructions, even well-meaning family members may not be prepared — or willing — to take over. Worse, your pet could end up in a shelter or with someone unfamiliar. Estate planning for pets gives you peace of mind, knowing there’s a formal plan to protect them. Key Steps to Include Pets in Your Estate Plan - Choose a Pet Caregiver Designate someone who is willing and able to care for your pet. Always ask first — never assume someone wants the responsibility. It's a good idea to name a backup caregiver, too, in case your first choice can’t fulfill the role. - Include Pet Care Instructions Write down essential care details, such as: Food preferences and routines Medical conditions and vet contacts Exercise and grooming needs Behavioral quirks Keep these instructions in a safe place and update them regularly. Your will or trust can reference this document. - Set Aside Funds for Pet Care You can leave money specifically for the care of your pet. Consider how much will be needed based on: Your pet’s age and life expectancy Vet costs Grooming, food, medications Emergency care - Create a Pet Trust A pet trust is a legally binding arrangement that allows you to: Appoint a trustee to manage funds Assign a caregiver Outline specific care instructions Require regular check-ins or updates Unlike a will, a pet trust can take effect while you're still alive (e.g., if you become incapacitated). It offers more control and legal enforceability than simply leaving money in a will. What Happens if You Don't Plan? Without a plan: Your pet may be treated like personal property and passed to your next of kin (who may not want the responsibility). If no one steps forward, your pet could end up in a shelter. There's no guarantee of how — or if — your pet will be cared for according to your wishes. Common Mistakes to Avoid Not telling your family or executor about your pet care wishes Assuming verbal promises are enough Failing to update your plan if your pet passes away or you get a new one Leaving money directly to your pet (not legally possible — you must assign it to a human or a trust) Your pets give you unconditional love — estate planning is one way to return the favor. With a few thoughtful steps, you can ensure they live safe, happy lives even if you’re no longer around to care for them. Speak with an estate planning attorney familiar with pet trusts in your state. It's one of the most compassionate decisions you can make for your furry, feathered, or scaly family members. Need Help Getting Started? Contact Ruth Rhodes at Rhodes Law, P.A. ! We specialize in estate planning for pets offering comprehensive legal solutions. Make sure your pet continues to receive the love and care they deserve. Call us at (321) 610-4542 and schedule your consultation today!
September 30, 2025
Planning for Pets: Caring for Furry Family Members Wednesday October 15th 10am-11am One Senior Place 8085 Spyglass Hill Rd, Viera, FL 32940 RSVP at 321-751-6771 (OSP) or https://www.eventbrite.com/e/planning-for-pets-caring-for-furry-family-members-tickets-1708053356569?aff=erelexpmlt