Real Esate

The Firm represents and counsels clients in the purchase and sale of residential and commercial real property, as well as businesses. Ancillary services are also provided, such as the review or drafting of Purchase and Sale Contracts, Business Contracts and Agreements, Promissory Notes and Mortgages, Landlord/Tenant law, and Quiet Title actions. The Firm represents developers as well as, preparing special purchase contracts and condominium/association documents.

Business Corporate Law

The Firm also does Corporate Law such as forming Corporations, LLC’s, drafting by-laws, meeting minutes, and Shareholder Agreements. Partnership and other business law counseling is also available. Mr.Straley also owns Action Title Company which provides outstanding settlement and closing services for the purchase or refinancing of real property, as well as Reverse Mortgages. Many clients prefer this less expensive method of purchasing real property without an attorney, although legal representation can be provided. Title and lien searches are also performed on site with direct access to the courthouse and public records. Ask for information on Action Title Company.

Condominium, Co-operative & Community Associations

The Firm represents over 200 such Associations.The Firm provides superior services in this area due to our attorney and staff accessibility, the ability to do title searches “in-house,” and our practical business solution approach. This personalized services approach, geared to the clients Associations’ needs, distinguishes our firm from others. Indeed, many Association problems are better resolved with practical solutions, rather than technical and complex lawsuits which can be expensive and time consuming. If a practicalor alternative solution is not possible or practical, the Firm does litigation, mediation, or arbitrationas well. In addition, the Firm specializes in the collection of delinquent accounts. Maintenance assessment income is the lifeblood of the Association. The Firm has a rapid, efficient and effective method of collecting unpaid assessments without cost to the Association. The Firm also has expertise in the Florida Condominium & Homeowners statutes, administrative rules, contract review and preparation, document amendments and redrafting, and election assistance. Additional information, including special reduced hourly fee rates for Associations, is available upon request for the Firm’s creative and effective approach to Association representation.

Wills, Probates, & Trusts

All clients are encouraged to have a last Will and Testament, Designation of Health Care Surrogate, Living Will, and possibly a Durable Family Power of Attorney, as well as a plan for the future issues that will arise as they grow older. In addition, clients are counseled on the effect of joint tenancy, how to choose a personal representative or trustee, and the effects of gifting and death. The Firm also handles Probates in an efficient, cost effective manner that dispels and avoids the many probate horror stories so many people have heard of or experienced. Elder law is very important in South Florida and the Firm has worked in this area for over 20 years. Counseling is available in the area of voluntary and involuntary guardianship, Durable Family Powers of Attorney, wills, Trusts, and other areas. Florida law has changed significantly in several of these areas and we encourage a legal “check up” at this time for all.

Elder Law

Elder Law is an important part of the practice of Law in Florida and South Florida in particular. Our Firm encourages all people, particularly the elderly, to have a Living Will and Health Care Surrogate. A Living Will allows an individual to choose another (typically a spouse or relative) to assist, if necessary, in terminating the individual’s life if they do not have a reasonable medical probability of recovering or are in a terminal, vegetative state. This avoids the individual from having their life artificially prolonged against their wishes. A majority of individuals in Florida desire this and our Firm prepares this at nominal charge, typically together with a Health Care Surrogate. In certain situations an individual is not able to make their health care decisions, such as emergencies or if they do not have the mental capacity to do so, and it is important they appoint a person as well as a backup (typically relatives or friends) to assist them in health care decisions. This is particularly important today, as without this, there can be delays in a person receiving medical or other treatment, when every minute is crucial for these types of emergency procedures.

Our firm also believes that every person in Florida, particularly elders, should have a Durable Family Power of Attorney. This is a special Florida instrument whereunder someone can give another a Power of Attorney to handle any and all of their affairs, and this Power of Attorney would stay in full force and effect even if the person (elder) would become mentally incapacitated at some time later in life. This is an extremely important legal document as the effect of it often allows the avoidance of legal guardianship proceedings, which are costly and allow the court system to become involved within an individuals personal financial and other affairs when the family can often handle it themselves. Our firm feels these pre-death documents, namely the Living Will, Healthcare Surrogate, and Durable Power of Attorney are as important as a Last Will in Testament. Of course, our firm prepares Wills and Trusts if necessary, and can help the client decide whether a Trust is appropriate for them or not.

Another important legal document and estate planning tool for the elderly is the Enhanced Life Estate Deed. This is also known as the Ladybird Deed. It is a way of avoiding Probate by transferring title to a property to others while you are living while retaining a life interest in the property, but most importantly, and different from previous Life Estate Deeds that were allowed in Florida, in that the Enhanced Life Estate Deed allows the grantor (the elder) as owner of the property to retain the right to sell the property or mortgage the property without the consent of the remainder person(s) on the Deed. In other words, a person may wish to put their children on their Deed to their home (or other properties) as remainder persons, however, in such event, should the elder decide to sell the property or mortgage the property in any fashion, including a reverse mortgage, this can be done without the consent or involvement of the remainder person(s), which is often a relative of the elder.

Our firm can also assist in certain Medicaid determinations for nursing home and other purposes.

Our firm also specializes in Income Trust and can prepare these to assist with respect to Medicaid.

Furthermore, if necessary, our firm can assist and does considerable guardianship work in the event a legal guardianship is necessary. Guardianships are either full guardianships, meaning the individual is unable to handle any of their affairs, or there are limited guardianships, whereunder only certain rights of the individual are passed to the legal guardian and other rights, such as the right to vote, to marry and numerous other rights are retained by the individual. We can advise you and assist you in determining which type of guardianship is necessary and can file the guardianship on your behalf.

Many elders today (you must be at least 62 of age) are interested and are considering Reverse Mortgages, an FHA Government product. Our firm is familiar with these and can advise with respect to Reverse Mortgages as well.

Our firm does numerous purchases and sales of “over 55” housing, and together with our expertise in Homeowners and Community Associations, can advise with respect to issues on over 55 year old Condominiums and Associations.

Our firm can also counsel and advise elders in many other issues. Please call Mr. Straley to discuss.

General Practice

The Firm handles many other matters such as Personal Injury. Please call us regarding your legal problems or concerns and our creative and effective way of resolving them in your best interest.