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Are my IRA accounts protected in a civil law suite in the Florida?

Port Saint Lucie, FL |

Are IRA accounts protected in a civil law suite in the State of florida

Attorney Answers 2


Florida Statute 222.21(2)(a) provides that any money or other assets payable to participant or beneficiary in a qualified retirement or profit sharing plan is exempt from all claims from creditors of the beneficiary or participant. Florida Statutes specifically include under the protection umbrella pension plans designated for teachers, county officers and employees, state officers and employees, police officers, and firefighters. The debtor's IRAs are exempt from creditors, but at least one Florida court has held that inherited IRAs are not exempt from creditors.

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They are exempt. But if you do get sued for an unpaid debt you should try to either work something out with the creditor or hire an attorney to defend you in the lawsuit.


The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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