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If you own a home, a business, or rental property, you’ve spent years building something worth protecting. A lawsuit, a failed business partnership, a car accident claim, or even a family member’s bad decision can put your savings and real estate at risk through no fault of your own. The earlier you put real protection in place, the more choices you keep.
As a Marco Island asset protection lawyer, James R. Nici of Nici Law Firm in nearby Naples is board certified in Wills, Trusts & Estates by The Florida Bar, one of fewer than 250 attorneys in Florida with that certification.
He works with homeowners and business owners in Marco Island and across Southwest Florida on trusts, business entities, and homestead strategies set up before a creditor ever shows up. A single planning conversation can show you where your assets stand today and what parts of your financial life may be exposed.
Asset protection planning looks different for a retired couple than it does for a business owner or a landlord with three rental units on the island. We build plans around the risks you actually face, drawing on tools that include:
Each of these tools works differently, and using the wrong one for your situation can leave gaps you won’t discover until a claim is already filed.
Florida gives homeowners strong protection for a primary home. Under Article X, Section 4 of the Florida Constitution, your primary home is protected from forced sale by most creditors, with no dollar limit on its value. The home must sit on a qualifying lot and serve as your permanent residence.
That protection is automatic once you live there full time, but it covers only your homestead. It does nothing for investment property, a business, or a savings account. Many people hear about trusts that claim to shield assets from the person who created them and assume Florida allows the same thing.
It does not. Under Florida Statutes Section 736.0505, if you create a trust for your own benefit, a creditor can still reach whatever amount the trustee could pay back to you, no matter how the paperwork is worded. For a trust, real protection in Florida comes from giving up control and benefit, not from a document you can still rely on.
The same logic applies to business entities. A single-member LLC gives a creditor a more direct path to the company itself. Adding a second owner, often a spouse or a trust, keeps a creditor limited to a lien on distributions in most cases. This reflects Florida law as of October 2026.
Asset protection planning starts with your first consultation, where we can look at your assets, your business interests, and your exposure.
From there, James R. Nici uses the Strategic Estate Planning System® to connect your homestead, trusts, business entities, and retirement accounts into one coordinated plan. That can help avoid a set of documents that were never designed to work together.
James R. Nici was admitted to The Florida Bar in 1994, holds an LL.M. in Taxation, and has been named to Super Lawyers every year from 2009 to 2026. He works with clients in Naples, Marco Island, and the rest of Southwest Florida. The mix of tools can change depending on whether you are protecting a retirement nest egg, a rental portfolio, or an active business. He is a Florida Bar Board Certified Specialist in Wills, Trusts & Estates, one of fewer than 250 attorneys in Florida with that certification.
The goal of every plan is the same: protections in place before a claim exists, not after one arrives.
Clients who have worked with James Nici describe the experience in their own words.
“Very knowledgeable, efficient, articulate and friendly. Will never go to another attorney.”
The first meeting can go toward reviewing your assets, business interests, and risk exposure in enough depth to recommend a plan.
It depends on how the LLC is set up. If you are the only owner, a creditor may have a more direct path to the company itself rather than just a lien on distributions. Adding a second owner, often a spouse or a trust, can close much of that gap.
Only if it serves as your permanent, primary residence. A second home or seasonal property on the island does not qualify for Florida’s homestead protection, even if you own it outright and spend significant time there each year.
Florida law allows a court to unwind a transfer made specifically to dodge a known creditor, even if the paperwork looks valid on its face. Plans built before any dispute exists are more likely to hold up than ones built in response to a threat.
Collier County falls under the Twentieth Judicial Circuit, with the courthouse at 3315 Tamiami Trail East in Naples. Many trust, probate, and civil disputes tied to a Marco Island asset protection plan would be filed there.
Net worth matters less than exposure. A small business owner or a landlord with one rental unit can face the same lawsuit risk as someone with far more assets. The planning tools available don’t require a large estate to be worth using. Questions about cost, timing, or which tools fit your situation are best answered in a direct conversation rather than guessed at online.
Request your consultation with a Florida Bar Board Certified Specialist in Wills, Trusts & Estates serving Marco Island and Southwest Florida, and our team will reach out to schedule it.
Whether You’re Establishing Florida Domicile, Updating An Existing Plan, Or Navigating Probate, Nici Law Firm Gives
Southwest Florida Families A Clear, Board-certified Path Forward. Schedule Your Planning Session Today.
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