Big wealth draws attention, and that can bring risk. At Barbara M. Pizzolato, P.A. we give high-net-worth families in Fort Myers and across Florida a steady plan that holds up when life throws a curve. With more than 35 years of experience, Barbara has helped many clients protect what matters most.
Beyond the paperwork, we set up real safeguards for your home, your businesses, and the legacy you want to pass on. If you need to build a new plan or refresh an old one, we are ready to help you protect the people you love and the assets you own.
People with substantial assets often face bigger targets for claims and lawsuits. Florida law offers helpful shields, yet many families need extra planning to cover gaps and reduce exposure. The strongest results come from planning early, long before a dispute appears.
Common pressure points for wealth holders include the following risks and claim sources:
A thoughtful plan separates risk from wealth, places the right assets in the right buckets, and keeps future inheritances protected.
Florida law builds a safety net for several asset classes without any advanced structures. The exemptions below work well on their own, though many clients still add other tools for a fuller shield.
Asset Type | Law | Protection Scope | Notes |
Primary Residence, Homestead | Florida Constitution, Art. X, § 4 | Protected from most judgment creditors | Unlimited value. Up to one-half acre in a municipality, or 160 acres outside. |
ERISA Retirement Plans | Federal ERISA | Protected | 401(k), 403(b), and defined benefit plans. |
Traditional and Roth IRAs | Fla. Stat. § 222.21(2)(a) | Protected | No dollar cap under Florida law. |
Life Insurance and Annuity Cash Values | Fla. Stat. § 222.14 | Protected | Policies and contracts from Florida-authorized insurers. |
Tenancy by the Entirety | Florida common law | Protected from an individual spouse’s creditors | Applies to eligible jointly-owned property. |
These protections are powerful, yet they do not cover every dollar or every circumstance. That is where smart structuring comes in to close the gaps.
Florida’s homestead exemption shields your primary residence from forced sale by most judgment creditors. There is no cap on value, subject to acreage limits based on location. For many high-net-worth clients, building equity at home is one of the safest moves.
Careful title and titling with a spouse can add another layer of strength. We help confirm that your deed and records match your goals.
Employer plans covered by ERISA, like 401(k), 403(b), and pensions, carry strong federal protection. Traditional and Roth IRAs are protected under Fla. Stat. § 222.21(2)(a) without a dollar limit. Maxing out contributions is a simple and effective step that builds wealth while adding a legal shield.
We also review beneficiary designations to keep tax and protection goals aligned. Small tweaks can prevent big problems later.
The cash value inside life insurance policies and annuity contracts from Florida-authorized insurers is exempt under Fla. Stat. § 222.14. Many clients use these tools to hold long-term value that creditors cannot reach. Proper ownership and beneficiary choices still matter for estate goals.
We coordinate policies with your trust and will, so benefits pass cleanly to loved ones.
Married couples who hold property as tenants by the entirety gain protection from the individual creditors of either spouse. This can apply to homes, bank accounts, brokerage accounts, and other assets titled in both names. We confirm that the account agreements and deeds actually reflect tenancy by the entirety status.
If a bank or brokerage uses the wrong box or language, you lose a benefit you thought you had.
Beyond exemptions, certain legal structures help keep risk away from personal wealth. The right setup limits what a future creditor can reach, even if a lawsuit hits hard.
Non-exempt assets, like rental properties, taxable investment accounts, and business interests, fit well inside multi-member LLCs. In Florida, a creditor with a judgment against an LLC member cannot seize LLC assets or force a distribution. That creditor is usually limited to a charging order, meaning a lien on distributions the LLC chooses to make.
This protection applies to multi-member LLCs, not single-member LLCs. We build operating agreements that support the charging order shield and clean separation of risk.
A third-party irrevocable trust with a spendthrift clause can keep assets safe from a beneficiary’s creditors. Parents and grandparents often use these trusts to pass wealth to children while keeping it out of reach from future divorces or business failures. Florida does not recognize self-settled domestic asset protection trusts, so a trust you create for your own benefit will not give the same protection.
With careful design, your legacy supports your family without exposing them to avoidable loss.
Insurance and asset protection planning work side by side. Policies fund defense and settlements inside policy limits, while your legal structures handle outlier claims that break past those limits. Skipping either piece leaves a gap.
High-net-worth families usually carry layers of coverage across different risks:
We work with your insurance advisor to align coverage with your asset protection plan.
We bring practical planning to real families with real goals. Our firm listens first, then builds a plan that fits your lifestyle and tolerance for risk.
We begin with a one-on-one review of your assets, income streams, family goals, and risk profile. Our firm identifies what already enjoys protection under Florida law and what needs extra care. You get a clear picture of your exposure and the tools that can help.
Your questions guide the conversation, and we explain options in plain language.
We use a mix of LLCs, irrevocable trusts, and homestead planning to place the right assets in the right spots. Our estate planning approach keeps future inheritances safe while balancing taxes, control, and simplicity. The result is a plan that works on a calm day and on the worst day.
Documents are drafted to match funding instructions, so nothing gets left behind outside the plan.
Our firm tracks Florida statutes, federal rules, and cases that affect protection and collection rights. We explain changes that touch your plan and what, if anything, you should do. You stay compliant and current without having to monitor every update yourself.
We also coordinate with your CPA and financial team to keep the plan aligned.
Life changes, laws shift, and markets move. We check in and revise structures as needed, so your plan keeps working. Our goal is simple: to be your Lawyer for Life by protecting the people you love and the assets you own.
Families return to us for years because the plan grows with them.
Fraudulent transfer rules limit what can be moved after a claim or liability appears. The strongest protection is set up early, while the waters are calm. Those who wait until a lawsuit is filed often find their options sharply reduced.
If you act now, you keep more choices on the table and reduce stress later.
If you are ready to shield your wealth and secure your family’s future, our Fort Myers firm is here to help. We provide focused planning tailored to your specific life and goals.
To begin the process, please call 239-225-7911 or visit our website to watch our introductory webinar. Once you have viewed the video, you will be invited to schedule a consultation to discuss the options that best protect your assets and your loved ones.
Appointment only
NEW YORK
Suite 240, One Suffolk Square
1601 Veterans Memorial Hwy
Islandia, NY 11749
Appointment only
NEW JERSEY
c/o Richard A. Feldman, Esq.
80 Main Street, Suite 140
West Orange, NJ 07052
Barbara M. Pizzolato, P.A. proudly offers Estate Planning and Legal Services in Ft. Myers, Cape Coral, Estero, Bonita Springs, Lee County, Collier County, Charlotte County & Southwest Florida.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
