Aventura Family Law

Civil Litigation

General & Complex Commercial Litigation

Commercial litigation usually involves the rights, relations, and conduct of people and entities that are engaged in commerce, merchandising, trade, sales and other business or contract relationships.  Along with the Uniform Commercial Code, various statutory schemes (e.g. privacy laws, safety laws, food laws, drug laws) control how commerce is conducted in this country.  Commercial litigation involves a tremendous range of civil disputes over how complex commercial instruments and agreements are construed and enforced. Such litigation may include contract disputes (e.g. breach), tortious interference with business relations, antitrust violations, Racketeer Influenced and  Corrupt Organizations Act (RICO), Uniform Commercial Code transaction disputes, shareholder disputes, breaches of fiduciary duty, conflicts of interest, franchise disputes, fraud, and employment disputes.  Going forward in such matters, it is important to analyze and understand the risks and benefits of litigation or any other dispute resolution method to achieve monetary or other objectives when there is wrongdoing.

Probate Litigation

Probate is a court process that gathers and identifies the assets of a deceased person, pays their debts, and distributes their remaining assets to the beneficiaries. Under Florida law, such administration may be formal or summary.  In rare instances, a non-court supervised process called disposition of personal property without administration is used. When a person dies without a Will, the administration process is performed in accordance with Florida’s laws regarding intestate succession, meaning the decedent’s assets are distributed in accordance with a priority that is set forth in the Florida statutes. A circuit court judge presides over probate proceedings, ruling on the validity of a Will when contested or considering evidence regarding the heirs in the case of intestate succession.  The judge will also determine that the personal representative (or executor) of the estate chosen by the decedent meets the statutory qualifications to act as the person with authority to administer the probate estate or appoint such an individual if no one was designated in the decedent’s Will or the designated person is either unqualified or unwilling to accept the appointment.

Probate litigation typically involves lack of mental capacity, undue influence over the decedent, duress, interference with a Will expectancy, construction of the Will, determination of heirs, elective share litigation, breach of fiduciary duty, removal of a fiduciary, surcharge actions, actions for accounting, or improper signing of the Will.  Time is of the essence usually in all probate matters. It is of the utmost importance to seek counsel immediately upon notice or belief that you are or should be involved in a probate litigation matter.

Our Location

Contact Us

3590 Mystic Pointe Drive
Aventura, Florida 33180
Phone: (305) 940-4000
Fax: (305) 940-0940

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