Asset Protection Overview - State by State: Part Two

Colorado

Colorado offers nominal protection to the homestead, and only protects sale proceeds for up to a year after the property is sold. However, properly structured life insurance and annuity policies are exempt from creditors. Colorado has a Self-Settled Trust Act, but it is not as debtor friendly a statute the statutes in Alaska.

Connecticut

The state of Connecticut is unremarkable state from a debtor-creditor perspective. Furthermore, it offers only moderate protection for the homestead, but properly structured life insurance policies can be protected.

Delaware

The state of Delaware limits the total amount in exemptions that one can claim. A single person may exempt no more than $5000 total in all exemptions, while a husband and wife may exempt no more than $10,000.

Florida

A number of asset protection planners think of the state of Florida as the last word in debtor-friendly state, since the state constitution provides unlimited protection to homesteaded property for persons having established residency in Florida and provides near total protections for the cash value of life insurance policies and annuities.

However, the recently passed Bankruptcy Act now limits the homestead exemption to $125,000 for interests acquired within a 1215-day (3 years and 4 months) period prior to filing the bankruptcy petition.

If you would like more information regarding asset protection, trusts, family limited partnerships or the subject of this article please call or email our office.


 

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