The Short Answer

In Florida, you can create a trust (often a revocable living trust or an irrevocable trust) to organize how assets are managed and distributed, and in some situations to reduce exposure to certain creditor risks. However, a trust is not automatically “asset protection,” and Florida law allows creditors to reach many assets in a trust—especially if the trust is revocable or if you can still benefit from the assets.

What Florida Law Says

Florida’s Trust Code sets baseline requirements for a valid trust (capacity, intent, identifiable beneficiaries, and a trustee with duties). Separately, Florida law addresses when creditors can reach trust assets, and it draws an important distinction between revocable trusts (commonly used to avoid probate and manage assets) and irrevocable trusts (sometimes used for planning, but not a guaranteed shield from creditors—especially if you remain a beneficiary).

The Statute

The primary law governing the creation of a trust is Fla. Stat. § 736.0402.

This statute establishes that a trust is created only if the settlor has capacity and intent, there is a definite beneficiary (with limited exceptions), the trustee has duties, and the same person is not the sole trustee and sole beneficiary.

For asset-protection expectations, Florida’s creditor-access rules are critical. For example, Fla. Stat. § 736.0505 provides (among other things) that assets in a revocable trust are subject to the settlor’s creditor claims during life to the extent the assets would not otherwise be exempt if owned outright.

Why You Should Speak with an Attorney

While the statutes provide the general rules, applying them to your specific assets and risk profile is rarely simple. Legal outcomes often depend on:

• Creditor reach and “control” issues: If you can revoke the trust or you can still receive distributions, creditors may be able to reach trust assets under Florida law. See, e.g., Fla. Stat. § 736.0505.
• Fraudulent transfer / conversion risk: Moving assets to become “protected” after a claim is looming can trigger litigation and clawback remedies. Florida specifically addresses fraudulent asset conversions in Fla. Stat. § 222.30, including a 4-year extinguishment period for actions under that section.
• Spendthrift language and exceptions: Even if a trust includes spendthrift terms, Florida recognizes exceptions (for example, certain support obligations). See Fla. Stat. § 736.0502 and § 736.0503.

Also, “protect my assets” can mean different things (lawsuit risk, divorce, business liability, long-term care planning, probate avoidance). The right trust structure—and whether a trust is even the best tool—depends on what you own, how it’s titled, and what risks you’re trying to reduce.

If you want a deeper overview of trusts as an estate-planning tool, you may also find helpful: Trust vs. Will in Florida: What Are the Benefits of Each? and How Do I Create a Revocable Living Trust in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.