Probate is the process of passing the assets of a deceased person to his or her beneficiaries under a Will, or to his heirs by state law if there is no Will in effect. The Personal Representative of an Estate files the Will with the Court in the jurisdiction where the decedent was domiciled at the time of his or her death. The Personal Representative files to be appointed by the Court, notifies all appropriate parties, gathers assets of the Estate, pays Estate debts, resolves disputes, carries out the provisions of the Will, distributes Estate funds and closes out the Estate. If there is property in another state in addition to where the decedent was domiciled at the time of his or her death, there may need to be a separate “ancillary probate” in that state in order to transfer the property.

What To Do

If you are named as the Personal Representative in a Will for a deceased Florida, Virginia
or District of Columbia resident, contact me to help start the Probate process. If you are an heir, and the person named in the Will as the Personal Representative is deceased or is unable or unwilling to fulfill their duties as the Personal Representative, you may be eligible to serve as the Personal Representative. If there is no Will, state law sets forth orders of priority to determine who can serve as the Personal Representative.

Our Fees

Depending on the jurisdiction and the complexity of the Estate, I either charge an hourly rate with a retainer up front, a flat fee, or a percentage of the Estate which is based upon the size of the Estate.

Everyone should have a carefully written Will disposing of their property as they wish at the time of their death. Your Will should name an executor/personal representative who will handle the distribution of property and the payment of any debts. in Florida, that person must be a resident of Florida at the time the Will is to be admitted to Probate, unless he or she is a blood relative. In addition, he or she can not have been convicted of a felony.

Living Wills, Power of Attorney

It makes good sense to prepare a Living Will, giving your personal instructions about the circumstances under which you want to be kept alive using extraordinary means after a severe accident or illness. Many people also prepare a Medical Power of Attorney, which gives the authority for medical decisions to a person you designate if you are incapacitated. Others prepare a General Power of Attorney, to empower another person to handle everyday affairs for you.

Revocable Living Trust

In many situations, in order to avoid the need for probate (especially if you own property in two or more states), your major assets can be transferred into a revocable living trust. I will discuss with you in detail the benefits and costs of such Trust.

What To Do

Contact this office. You should always hire a lawyer to prepare these documents so every provision is properly handled. This helps avoid unpleasant and complicated Will Contests after a person’s death.

Our Fees

We normally handle these documents for a flat fee, unless they are especially complicated. Will Contests are either handled on a contingency fee basis, or an hourly rate with a retainer up front. Other attorneys assist us in the recording of any Deeds for transfer of real estate.

These are disputes between individuals and businesses over money damages, or the need to compel something to happen or prevent something from happening. The cases are usually filed in court, but can be resolved by mediation or arbitration.

Examples of civil litigation cases are contract disputes, claims for damages, and actions for injunctions.

What To Do

Contact this office.  If you are sued or believe that you are about to be sued, you should seek my services. I have handled hundreds of civil trials, and even more cases that were settled or dismissed in favor of my clients.

Our Fees

We handle civil cases on an hourly fee basis, with a retainer required up front to be applied to an hourly fee.

If you were injured in an auto accident that was not your fault you may be able to receive payments from the driver or the insurance company covering the driver’s vehicle. These payments might be for your medical expenses, any wages you lost because of your injury, or pain and suffering caused by the accident. You may also be able to recover your medical expenses from your own insurance company under Med Pay and/or Personal Injury Protection (PIP).

What To Do

Contact my office.  If you are in an accident you should immediately speak to an attorney about the facts of your case to see if a financial recovery is likely. Do not speak to anyone, particularly insurance adjusters, before you have spoken to a lawyer.

Our Fees

Our professional consultation for personal injury cases is always free. As a client in such a case, you would only pay for our services if your case is successful (although you may be responsible for expenses incurred regardless of the outcome). When you are seeking recovery for medical expenses under Med Pay or PIP coverage, or if you need to defend a case without insurance coverage, which charge a retainer and hourly fee.

These are charges in a federal or state court for a sexual offense, such
as disorderly conduct or indecent exposure arising from a sexual
activity in a park, public restroom, or other location.

What To Do

Contact a Lawyer. If you face such charges, you need an experienced attorney who is sensitive
to your situation. We have handled hundreds of similar cases. You
may be eligible for a diversion program where the charges will be
dropped after you complete community service. You may also be able
to win the case at trial based upon the facts and the applicable
law.

Our Fees

We handle some charges on a flat fee basis, and others with a retainer
applied to an hourly fee.

WE assist small business owners in forming corporations, Limited Liability Companies (LLC) and partnerships to conduct business.

Our Fees

We normally charge a flat fee for preparation and filing of the documents, plus the filing fees.

If you are a landlord, you need to know your rights and obligations before you enter into a lease, and certainly before you commence legal action to recover back rent or to evict for violation of the lease. If you are a tenant, you have rights regarding the condition of the property, the period of the lease, and the rent you pay.

What To Do (Florida only)

Contact this office. Get legal advice before a court action has begun. Especially in cases involving evictions or payment of back rent, you’ll benefit from having an attorney experienced in the nuances of local landlord-tenant laws.

Our Fees

Most cases are handled on an hourly basis with a retainer
paid up front.

Appeals that I have handled

What It Means

After a criminal or civil trial, the losing party normally has a right to appeal the decision based upon legal errors that took place at trial, or based upon the facts presented.

In some cases there is a right to appeal to a circuit court and get another trial. In others, the only appeal is to a Court of Appeals or Supreme Court, which may be automatic or discretionary. Briefs are filed by both parties, and sometimes oral arguments are heard by a panel of judges. Decisions are entered by the judges affirming or reversing the lower court’s decision.

What To Do

Contact this office.  You need a lawyer with experience handling complex appeals. This office has handled over a hundred appeals to state and federal courts.

Our Fees

Appeals are handled on either a flat fee or hourly rate with a retainer, depending upon the complexity of the issues.