Family Law

• Guardianship

Business and Corporate Law

• Business Disputes
• Limited Liability Companies

Property Law

• Real Estate Litigation
  With offices in Port Charlotte and Venice, the law firm of James W. Mallonee, P.A. serves the people of Florida’s central Gulf Coast with a commitment to providing the highest level of client service in estate planning, real estate law and related matters. The firm from its inception has placed an emphasis on providing legal services that make sense from the client’s perspective. This goal is accomplished through personalized attention and client contact throughout the course of our representation. Clients find that this approach saves them both time and money in the end while also enabling the firm to better understand and fulfill client needs and objectives.

Health Law

• Personal Injury
  The standard of proof applied in most civil cases is a preponderance of the evidence. What exactly this means in practice is not crystal clear, and may vary between jurisdictions and even courts within the same jurisdiction. The parties to a civil lawsuit, such as a personal injury suit, must prove their allegations, backed up by facts, in order to prevail. Many civil personal injury cases are based on negligence, which means that the injured party may have to prove that...
• Medicaid Planning
  Charlotte, Lee, Desoto and Sarasota County, Florida, Estate Planning, Trust Administration, Probate, Wills, Trusts, Medicaid Planning, Real Estate and Transactional Lawyer

Trusts and Estates

• Estate Planning
  In Venice, Port Charlotte and surrounding areas, contact James W. Mallonee, P.A. for your business, real estate and estate planning needs.
• Wills
  James W. Mallonee, P.A. is here to serve individuals and businesses in a range of matters. Business clients benefit from the full range of business law services, from business entity formation and transactional work to litigation, arbitration and other forms of dispute resolution. Individual property owners rely on the firm for comprehensive estate planning and asset protection. James W. Mallonee, P.A, is experienced in estate tax and income tax planning, as well as drafting wills and trusts and seeing estates through an efficient probate and estate administration.
• Trusts
  The firm’s legal services includes business law, estate planning, probate administration, medicaid planning, real estate and related matters. The business practice includes the formation and general representation of corporations, partnerships and limited liability companies. The estate planning and probate practice includes all aspects of wealth transfer and administration of ones estate and trusts. The firm also handles probate, wills, conservatorships and trust administration.
• Probate

Finance Law

• Bankruptcy
  Under BAPCPA, only those debtors whose incomes fall below the state median and are unable to pay $100 a month to creditors (determined not by the debtor’s actual income and expenses, but rather by IRS rules defining “reasonable” expenses) qualify for Chapter 7. Those unable to qualify for Chapter 7 may instead be forced to file for Chapter 13 bankruptcy which mandates a court approved repayment plan.
• Foreclosure
  BAPCPA places limits on the automatic stay, effective October 17, 2005. When a debtor files more than one bankruptcy case, the stay is not automatic and is less protective than the stay effective in the first bankruptcy case filed. The stay in the second case is only effective for 30 days and will not go into effect at all in subsequent cases. In subsequent cases filed within one year, the debtor must request to have the stay implemented and establish that the subsequent cases were not filed in bad faith. While this provision of BAPCPA is designed to penalize debtors who file a series of bankruptcy cases to delay a foreclosure, it also applies to those debtors whose cases were dismissed due to a mistake.
• Tax Law