- DivorceWhile most people do not like to contemplate the end of life, planning for the distribution of your assets and property after you are gone is a critical undertaking. There are multiple factors that a person must consider when evaluating the most appropriate method of protecting his or her assets and wealth, such as tax consequences and how and when assets should be disbursed. If a person dies without a will, his or her property will be distributed in the manner dictated by Florida law. Thus, drafting a will can avoid contention between family members after a person's death, and it can allow the person to dictate how his or her property should be divided. Trusts are another method of property disbursement that are frequently employed to avoid estate taxes. Estate planning is an intricate process, and it is prudent to retain a knowledgeable attorney to help you develop a plan that meets your objectives. Family Law and Divorce
- Child SupportChild support is the financial assistance that the court decides should be spent to take care of a child. Florida law has child support guidelines where the amount of child support is calculated according to the parents’ income. Childcare and health care costs may be added onto this guideline amount. Distribution/Division of Marital Assets
- Child Custody and VisitationIn a divorce, child custody laws help determine which parent(s) will be responsible for caring for the children. Florida either awards custody to one parent (sole custody) or to both parents (joint custody).
- Adoption
- Paternity
- Premarital AgreementPost-nuptial agreements are similar to prenuptial agreements, except that they are entered into after a marriage. Post-nuptial agreements, including marital settlement agreements, specify the conditions of a divorce. These agreements often delineate division of real property and assets, support obligations, debt division, and attorney’s fees. Spousal Support
- Spousal SupportAlthough fault need not be shown to obtain a divorce, it can affect a court's decision when determining spousal support and property distribution, among other things. Florida is an equitable distribution state. This means that marital property may not be split 50/50 but will be divided according to principles of fairness. Real Estate & Title Insurance
- Theft
- EmbezzlementIn some cases, the power of attorney can be abused by the holder. The attorney-in-fact may commit embezzlement, self-dealing, and financial abuse; in these cases, the beneficiaries may have a cause of action for breach of fiduciary duty. If you require specific legal assistance regarding a power of attorney, contact the Shipley Law Firm & Title Company for a consultation with an experienced Florida attorney. Trusts
- ForgeryClaim - An adverse right or interest asserted by one party against another or against an insurer or indemnitor. Claims may arise from unpaid debts or taxes, as well as from hidden title defects such as fraud, forgery, missing heirs, etc.
- Corporate LawFor years, the Shipley Law Firm & Title Company has provided clients throughout Florida with quality, aggressive representation in civil litigation matters. Florida civil litigation attorney Christopher J. Shipley handles a variety of practice areas, including: Business & Corporate Disputes
- Business FormationStarting a new business is an exciting endeavor, but one that also comes with many challenges and difficult decisions. At the Shipley Law Firm & Title Company, an experienced attorney can help you with the process of business formation and ensure that your financial interests are protected.
- Business DisputesOften, business disputes involve a breach of a contract. A contract is valid and enforceable in Florida if there is an offer, an acceptance, sufficiently definite terms, and an exchange of consideration. Consideration may include promises to provide goods, services, or money, or to take specific actions. However, contracts may also be binding if one party acts in reliance on another party’s promise to perform, to the relying party’s detriment. Our attorneys are well-versed in the needs of businesses as well as the legal standards that govern these claims, and we can help make sure that the contracts drafted for your business are thorough and take into consideration how a court would likely interpret a contract in case of litigation. Civil Litigation
- Business TransactionsNumerous issues can occur during the formation and operation of a business that may require the assistance of an attorney. When a company is in the early stages of inception, it is prudent to engage an attorney to assist with selecting the appropriate corporate form to protect the business and the individual owners from exposure to liability and undue taxation. Additionally, it is common for companies to encounter issues that require legal intervention. For example, in many business and corporate transactions, conflicts can arise out of a contractual dispute. In Florida, an entity or individual pursuing damages under a breach of contract claim must first prove the existence of a contract. It must then be established that the essential terms of the contract were breached and that the party seeking damages suffered harm as a result of the breach. In addition to breach of contract claims, several other claims can result from business transactions, such as fraud and breach of fiduciary duty. Civil Litigation
- Limited Liability Companies
- Construction ContractsOur firm can also assist with drafting, negotiation, and review of construction contracts, so that you can prevent future disputes from arising and ensure that your interests are fully protected. Probate
- Unfair CompetitionDuring the course of business, disagreements can often arise between other parties. The Shipley Law Firm & Title Company can help you with business and corporate disputes involving real estate, lease disputes, breach of contract, unfair competition, and more. We will represent you in mediation and also in court if necessary.
- Employment LitigationIf another party has intentionally interfered with your contract or business relationship, you may be entitled to damages for any financial losses you have suffered. Or, if a director or officer has violated their fiduciary duty to act in the corporation’s best interest, there may be legal remedies available to you. We are willing to use mediation to resolve your business dispute, or to represent you in court if necessary. Commercial Lease Agreements
- Non-compete Agreement
- Real Estate LitigationWhether you are purchasing or selling real estate, or encountering property disputes, you need a knowledgeable attorney who can guide you through the process and aggressively represent you. The Shipley Law Firm & Title Company is pleased to assist clients with a wide variety of real estate matters, including...
- Construction LitigationDuring construction projects, there are a wide variety of disputes that can arise due to issues such as unsatisfactory performance, warranty problems, and construction defects. The Shipley Law Firm & Title Company stands ready to assist you with all types of construction litigation matters. We are available to answer any questions you may have and help you decide which course of action is best in your situation. If possible, we will use mediation or arbitration to resolve the dispute, or we will take the matter to trial if it is in your best interests to do so.
- Real Estate TransactionsThe real estate industry has its own unique language and, without some knowledge of this language, you may find yourself a bit confused if you become involved in a real estate transaction. With this in mind, experts have compiled the following glossary of terms commonly used in the Real Estate industry.
- Eminent DomainCondemnation - (1) The taking of private property for a public purpose, with compensation to the owner under the right of eminent domain. Governmental units, railroads and utility companies have the right to condemn and take private property. (2) The destruction by government of private property that imperils the life, health or safety of the public.
- Easement
- Land Use and Zoning
- Landlord-Tenant DisputesThe Shipley Law Firm & Title Company is pleased to represent clients who need legal assistance enforcing real estate contracts. If you have entered into a contract and the other party now refuses to comply with the contract, or violated one of the terms, it is important to contact a real estate attorney to ensure that your rights are protected. Evictions & Landlord-Tenant Litigation
- Estate PlanningMany buyers do not appreciate the importance of purchasing title insurance during a real estate closing for their home. Title insurance can help protect you in case someone has an interest in your property that is not recorded or could not be discovered. Another method of resolving conflicts over who has an ownership interest in property is a quiet title action. These can be filed in circuit court to resolve disputes when there is a break in the chain of title or "clouds" on title, such as liens and prior owners' claims. Wills, Trusts & Estate Planning
- WillsWe offer legal services to assist our clients with all types of real estate matters and transactions. Call us for an initial consultation to discuss your legal options and the best course of action for you. Will & Trust Contents
- TrustsThe Shipley Law Firm & Title Company can help establish various types of trusts so that you can provide your family with the security they need. We have experience working with different trusts including Life Insurance Trusts, Dynasty Trusts, Grantor Retained Annuity Trusts, and Living Trusts. We have experience helping clients establish trusts that will minimize estate or gift taxes so that your assets are protected for the beneficiaries.
- Power of AttorneyA power of attorney is a document that gives another person (the attorney-in-fact) legal authority to make decisions on the grantor’s behalf. The attorney-in-fact has the power to withdraw money from the bank account, transfer title to real property, change the beneficiary on life insurance, and more.
- Probate
- BankruptcyThe recent economic downturn has forced many individuals to consider filing for bankruptcy. Chapter 7 bankruptcy, also called “liquidation bankruptcy,” is available to those who reside in, or have property or a business in the United States. The advantage of filing for Chapter 7 bankruptcy is that it discharges debts such as credit card and medical bills.
- ForeclosureIf you are involved in a HOA dispute, your best option may be to contact an attorney to represent you in mediation or arbitration so that you can resolve the issue without a costly and time-consuming legal battle. However, in more difficult cases, our firm will also aggressively represent you in litigation. Mortgage Foreclosure
- Tax Law