How Can We Help You?

We have clients from over 45 states and 20 countries. We work with national and foreign firms on complex issues facing our clients. The diversity of our work mirrors the diversity of our clients. Our areas of our practice include:

Mortgage Foreclosure Defense

You may have valuable defenses and counterclaims against your mortgage company that could actually prevent foreclosure and even require your lender to pay you damages. Across the country, judges are punishing mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations.

Are you aware that your mortgage company is probably not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure. Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached? Find out more.

Real Estate Services

In addition to the thousands of residential real estate transactions in which we have represented buyers and sellers, we have represented individuals in mortgage refinancing and in residential construction, as well as issues such as how to take and to hold title, and IRS Section 1031 exchanges. We have worked in the acquisition, financing, and development of condominium and commercial projects. We offer complete residential and commercial title insurance services as agents for both Attorney's Title Insurance Fund, Inc., and Fidelity National Title Insurance Company. We represent our real estate clients in all aspects of zoning and land use planning at both the local and state administrative levels. As with most areas of law, real estate issues encompass other areas of practice. Estate and tax issues, contractual issues, liability issues, and regulatory issues are often concerns in even a basic real estate transaction, and are matters especially important for foreign clients. We are committed to assuring that such ancillary points are considered and resolved in each transaction.

Estate Planning and Probate

Estate planning goes beyond simple tax analysis and asset protection. It requires the consideration of personal needs and thoughts. From all of this, we develop individual estate plans for our clients. Additionally, we counsel clients in probate and trust administration and in measuring the actions of corporate fiduciaries. Find out more.

Family Law

Family law includes not only divorce, support, and custody litigation, but also the development of premarital agreements and marital settlement agreements. The emotional issues make it perhaps our most difficult and demanding area of practice. In representing our clients, we attempt to recognize human needs and values while best protecting the interests of our clients. Find out more.

Business Law

We counsel clients not only in the organization of the business entity: corporation, limited liability corporation, partnership, limited partnership, limited liability partnership, or joint venture, but also in commercial negotiations and transactions, security agreements, business planning, succession planning, and licensing matters. We work with foreign law firms in the incorporation and representation of off shore corporations and other interests.

Contracts

From real estate, through business, to family law, our practice largely evolves around contractual relationships. We recognize that every situation is unique and requires evaluation and counseling in negotiating and finalizing contracts. By way of example, our contract work includes sales contracts, purchase agreements, development contracts, leases, employment, business succession, and dissolution contracts.

Litigation and Arbitration

The firm represents clients in both civil litigation and arbitration matters. A cornerstone of representation is the recognition that adversarial matters need to be concluded in a just, speedy and efficient manner. Our experience in litigation encompasses not only real estate and family law, but also matters of securities, wills and inheritance, trust administration, business and commerce, and personal injury.

Employment Law

Experienced in all aspects of employment law, we work with employers to develop employment and non-competition agreements, severance or separation agreements, employee handbooks and other employment policies. We also work with employers in state and federal employment litigation involving claims of wrongful discharge, discrimination, sexual and racial harassment, misappropriation of trade secrets and violations of confidentiality and non-competition agreements. We also consult with local business executives on terms of employment and separation agreements.

Accidents

Oftentimes legal representation is necessary to compel those responsible for injuries to others to take responsibility for their actions. The firm represents pedestrians, passengers, and drivers innocently injured as a result of accidents caused by others. We further represent clients injured in maritime (boating) accidents as well as those injured on the negligently maintained premises (premises liability) of others.

Securities Arbitration

Ordinarily, our primary investments are in real estate and in the stock market. Each provides not only potential gains but also potential losses.

Infrequently, stock market losses result from the wrongful actions of the stock broker. Our firm represents individual investors in claims based on such wrongful actions.

When you enter your brokerage agreement, you waive your right to juries and trials and commit yourself to arbitration conducted by the securities industry. Our firm has represented individual investors before both the NYSE and the NASD, not only in Florida, but in New York, Philadelphia and Chicago.

So, under what circumstances does a broker have liability for an investor's losses? We have successfully represented investors in the following types of claims:

  1. Unsuitable recommendations, including unsuitable annuities, excessive risk and lack of diversification.
  2. Excessive trading (churning).
  3. Unauthorized trading.
  4. Trading mutual funds.
  5. Misrepresentation.

All of these ordinarily occur either because the broker lacks professional judgment or because the broker places his commissions ahead of the investor's best interests.

Interested?

If you’d like to find out more about working together, please contact us. We’ll have a conversation and see if we are the right attorneys for you, and if you’re the right kind of client for us. We hope to hear from you soon.

Estate Planning and Probate

Many people think that estate planning is simply the writing of a will to direct who will administer the estate and who will receive the assets of the estate. Estate planning, however, includes much more than the writing of a will. An estate plan should also protect you in the event of your incapacity and reduce the costs of administration and any potential estate taxes. The best time to plan your estate is now while you can and before it is needed. The following sets out many of the frequently asked estate planning questions:


What happens if I die without a will?

If you fail to plan your estate and die without a will, Florida law will create an estate plan for you. The entire complex system of "intestate" succession or "descent and distribution" is set forth by law. This law prescribes both the persons to whom your property will pass and the division of your estate among those persons. The distributions provided by law are inflexible and may not satisfy your desires as to the distribution of your estate. There may be special problems such as with minor children or a family business. In short, adverse results can occur if you die without a will.

Why can't married people simply hold joint title to all property?

Florida law provides that real and personal property jointly owned by a husband and wife automatically vests with the survivor when one spouse dies. While this initially avoids probate, it:

  1. Fails to plan for the death of the survivor. A simultaneous death or incapacity would prevent the survivor from making a will.
  2. Fails to take advantage of federal estate tax avoidance techniques.
  3. Fails to address other issues such as guardianship for minor children and assets not ordinarily subject to joint ownership.

What is a "simple" will?

The common or simple will provides that everything passes to the surviving spouse, and with the survivor's death, passes equally to the children. If a married couple or a single person has total assets substantially less than $2,000,000 and the children are all adults and from the one marriage, a "simple will" may be all that is necessary. Slight variations may be added for matters such as specific devises (gifts), premature death of a child, and protection of grandchildren.

Why should my will be more than one-page long?

Your will could be drafted to be no longer than one page. The problem, however, is that such a will may not accomplish your objectives for your beneficiaries. We prefer to draft wills to cover various factual and legal situations that reasonably may be expected to arise. Our standard language, often known as "boiler-plate", has a very specific and recognized meaning. Its use is intended to avoid questions of interpretation. The will that we draft for you may be a lengthy document. The burden to you of reviewing and approving a long will may be a blessing to your family when they later find that you have anticipated and addressed what might have been cumbersome problems.

Is a handwritten will legally effective?

Under Florida law, a handwritten will is not treated any differently than a typed will. Accordingly, it is admissible to probate if it is executed and witnessed in accordance with all statutory formalities.

What is a trust?

A trust is an entity whereby title to property is held by the trustee for the benefit of the beneficiaries. The person creating the trust is commonly referred to as its settlor or grantor. A trust may be either a "living trust" or a "testamentary trust". A living trust is immediately effective and is often used to avoid probate. Ordinarily, it is a revocable trust and may be revised or revoked at any time while the grantor is alive and competent. A testamentary trust is contained within a will (testament) and becomes effective on death. As part of the will, it may be revised at any time while the grantor remains alive and competent. Estate plans sometimes further use other specific trusts such as irrevocable trusts, charitable trusts, and qualified personal residency trusts.

Are there any limitations on what can go in my will?

While there are some restrictions, for example, instructions that would deeply offend public policy, almost anything goes. If you need some inspiration, see our section on the weirdest wills.

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