Our Practice Areas
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Real Estate Law |  |
Estate Planning & Probate |
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ZONING, LAND USE & ADMINISTRATIVE LAW |  |
BANKRUPTCY |
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CORPORATION & BUSINESS LAW |  |
British Petroleun (BP): Claims Filing |
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Mediation Services |
Mortgage Foreclosure: The BIGW law firm has been at the forefront of the foreclosure boom handling hundreds of cases for local community banks, regional lenders, national lenders, the Federal Deposit Insurance Corporation, and the National Credit Union Administration as well as private lenders. BIGW has the attorneys and staff in place to handle foreclosures for the individuals who may have financed the sale of his or her house or property; and to handle a high volume of complicated commercial and residential foreclosures for an institutional lender all the way through the deficiency judgment stage. BIGW has and continues to obtain the best results for all its clients' foreclosure needs.
Short Sales: BIGW has been a pioneer in the handling of short sales. With the knowledge BIGW attorneys have handling foreclosures and deficiency judgements for lenders, BIGW can speak intelligently with lenders in negotiating short sales for its seller clientele. For a single low up-front fee, BIGW works through the negotiation process until it gets its client to closing, and then handles the closing for the client as well. BIGW explains the ins and outs of the foreclosure process, how asset protection works, what a deficiency judgment is, and makes sure that its clients have a thorough understanding of the short sale process. BIGW relieves the stress of a short sale by taking control of the negotiation process and allowing its clients go about their business knowing that BIGW will be processing their short sale from beginning to closing.
Loan Workouts/Loan Modifications: BIGW represents numerous institutional and private lenders assisting them in loan workouts and loan modifications. This representation includes modifying loans, preparing forbearance agreements, and assisting lenders through the pitfalls of deeds in lieu of foreclosure, spreader agreements, note modifications, and the most complicated of loan documentation.
Lender and Bank Representation: BIGW represents numerous institutional and private lenders. This representation is inclusive of documenting the most basic seller financed transaction to the most complicated new commercial development loan transaction and everything in between (hotels, marinas, commercial and residential condominiums, excavations, strip centers, etc.). BIGW has completed numerous foreclosures upon the loan documentation it has drafted with great success.
Complex Commercial Real Property: BIGW has been on the lender side and the developer side of numerous commercial real property transactions in Southwest Florida. Over the past twenty (20) years, BIGW has been right in the middle of the development of Charlotte County, DeSoto County, and the City of North Port, and has been instrumental in obtaining related government approvals, development agreements, leases, creating property owners associations, and creating condominiums. BIGW's familiarity with Southwest Florida development, and experience in complex transactions makes it the law firm of choice for developers and lenders in this area.
Commercial and Residential Real Estate Closings: BIGW is regularly recognized by its underwriters as one of the leading title agents in Southwest Florida. For cash closings, BIGW charges a title search fee of $75.00 and a closing fee of $150.00. BIGW charges a flat closing fee of $395.00 for a lender financed closing. The attorney provided legal services included in exchange for the flat fee are:
- Coordination of closing with lenders, brokers and all parties to the closing;
- Preparation and review of the title commitment and assurance that all liens and mortgages are paid at closing;
- Obtain all necessary approvals, estoppels, payoffs and releases;
- Preparation of all necessary tax declarations and transfers;
- Calculation and preparation of all necessary prorations;
- Draft all necessary closing documents including no lien affidavits, deeds, closing statements or HUD-1 settlement statements; and
- Preparation for and attendance at the closing.
BIGW can charge a low flat attorneys fee for its closings because BIGW is partially compensated for also acting as the title insurer in the transaction. Because BIGW has its own title plant, it can search the title records instead of sending it to a title company which saves time and money resulting in an expedited closing. The title insurance premium charged is always equal to the amount established by the Florida Insurance Commission (the lowest rate permitted by law).
Refinances: BIGW closes residential refinances for one low flat fee. For $295.00, BIGW will close your residential refinance inclusive of searching and examining title. BIGW can charge a low flat closing fee for these residential refinances because BIGW is partially compensated for also acting as the title insurer in the transaction. Because BIGW has its own title plant, it can search the title records instead of sending it to a title company and earn a portion of its fee that way. BIGW then passes the savings along to its customers.
1031 Exchanges: BIGW has worked with many sellers, buyers, and 1031 exchange companies to facilitate and close 1031 tax free exchanges over the years. BIGW lawyers can represent you in a 1031 exchange transaction for a low flat fee.
Commercial Loan Transactions: See Lender and Bank Representation.
Title Insurance: BIGW has its own title plant, and as a result all title searches requested of BIGW are performed in house by attorneys. Almost all real estate transactions are closed with the buyer and lender obtaining title insurance. In fact, institutional lenders typically require title insurance as a prerequisite for closing a loan transaction, and every form real estate contract contains provisions requiring and discussing title insurance terms and conditions. The purpose of title insurance is to protect the buyer and its lender against loss from defective titles, liens, and other encumbrances, and guarantying that the Seller has marketable title to convey to the Buyer. BIGW charges the minimum promulgated risk rate (lowest rate allowed by law) for the title insurance policies it issues. BIGW believes that its closing rates as set forth under our Commercial and Residential Real Estate Closing practice areas are competitive if not lower than any title company or other law firm in the area. BIGW is an agent with the following title underwriters: First American Title Insurance Corporation, Fidelity National Title, Inc., Chicago Title, Inc., Stewart Title, Inc., Lawyers Title Insurance Corporation, and Old Republic Title Insurance, Inc.
Condominium Law: BIGW has assisted numerous developers from the initial stages of acquisition and entitlement of real property all the way through the creation and sales of units in commercial and residential condominiums throughout Southwest Florida. BIGW prepares all the documents a developer needs to create, manage and sell the condominium, including purchase and sale agreements, and obtains State approvals when necessary.
Association Creation and Representation: BIGW has created and represented Homeowner's Associations, Property Owner's Associations, Condominium Associations, Master Associations and numerous other types of associations over its twenty (20) plus year existence in Southwest Florida and knows the ins and outs of Association law. BIGW has been on the cutting edge of Association representation in this era of foreclosures and has assisted many associations in obtaining past due assessments.
Evictions: BIGW has a long standing history of assisting the Landlord in its rental relationships from lease preparation to eviction proceedings. BIGW handles both residential and commercial evictions. BIGW can assist the Landlord in tenant removal and damage lawsuits should the situation so require, or can assist in lease renegotiations when desirable.
Zoning, Land Use and Administrative Law: Rob Berntsson and Geri Waksler practice in the Zoning, Land Use and Administrative Law area. Our land use practice has helped plan the future of Charlotte and DeSoto counties. We have expertise and knowledge of land use and zoning issues on both the local and state level and are regular practitioners in front of various governmental boards that regulate land use and development. We regularly represent land owners and developers with development projects that range in size from single lot issues to thousands of acres in Charlotte County, the Cities of Punta Gorda and North Port, and the entire Southwest Florida area. We handle all development issues, including: zoning and planning issues, variances and special exceptions, comprehensive plan amendments and Developments of Regional Impact, sector plans, and utility and environmental matters. One of our firm's strengths lies in our established reputations and relationships with those responsible for reviewing and approving land use applications.
Business Organization Creation, Representations and Sale: BIGW has a wealth of knowledge and experience assisting individuals in forming corporations, partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, and various other entities tailored to fit the specific needs of each client. BIGW can advise as to which entity might be the best choice for its client, create the entity, represent the entity through its growth process and assist in the sale, division, or liquidation of said entity when the time is right.
Commercial Litigation: BIGW strives to help its clients achieve favorable business solutions to their litigation problems and understands that clients want to conduct business, not litigation. That means, however, that clients, and their lawyers, must be ready and able to try and win cases in any courtroom or arbitration setting, while focusing on the ultimate goal, a resolution that achieves the client's best interests. BIGW gives clients the litigation leverage to accomplish their business and financial goals and has done so successfully in Construction, Real Property, Personal Injury, Foreclosure, and Wrongful Death actions.
The estate planning attorney at BIGW, Robert C. Benedict, counsels clients regarding planning to protect, administer and transfer their assets. Such counsel includes estate tax planning to minimize the effects of potential estate taxes, including the development and implementation of viable estate plans and strategies, the preparation of Last Will and Testaments, the establishment of Trusts, and the preparation of Powers of Attorney and Advanced Medical Directives.
Mr. Benedict earned his LL.M. in Estate Planning from the University of Miami School of Law. He is adept at planning to minimize the potential imposition of gift and estate taxes through a variety of estate planning strategies and he is experienced in preparing all documents necessary for the implementation of such strategies.
Last Will and Testament: A Last Will and Testament is a document whereby individuals express their directions concerning the disposition of their assets after death. Individuals can basically can give property to whomever they want and for whatever purpose they desire upon their death.
A Last Will and Testament is also used to designate the person who will act as Personal Representative of the estate. The Personal Representative acts as decedent's legal representative charged with administering that person's estate. In some states the Personal Representative is called an Executor or Executrix.
A Last Will and Testament is also often used to choose the guardian of minor children in the event there is no other surviving parent of the child. A Last Will and Testament should be drafted by an attorney to ensure that it is properly drafted and executed under the provisions of Florida law. Preparation of a Last Will and Testament by someone other than an attorney may be the unauthorized practice of law, and an improperly drafted or executed may cause complications in administration, result in the purported Last Will and Testament being invalid, or increase probate fees and estate costs.
Individuals who die without a will are said to have died "intestate." The transfer of an individual's assets who dies intestate are determined by Florida Statutes. The statutes dictate how a person's property is divided among his or her heirs.
Revocable Trust: A revocable trust, or a "living trust", is a commonly used estate planning tool. This type of trust is created by an individual or a married couple, naming themselves and Trustee(s). The creators of a Trust are typically called "grantors" or settlors". The Trust provides that the grantor(s) are the beneficiaries of the Trust during their lifetime and further provides for the disposition of the trust assets following the death of the grantor(s), similar to the provisions of a Last Will and Testament. The Trust may be amended or revoked by the grantors at any time during their lifetime and the grantor(s) can add or withdraw assets from the trust as they please. Because the grantor is also the trustee during their lifetime, they have complete control over management of trust assets. The Trust is a non-entity for tax purposes, all taxable income or losses generated by trust assets flow through to the grantor(s) while they are alive.
The two main advantages of a revocable trust are the avoidance of guardianship proceeding in the event of the grantor's incapacity and the avoidance of probate proceeding upon the grantor's death. The revocable trust typically provides that in the event of the grantor's incapacity a successor Trustee automatically takes over the administration of trust property. This permits the grantor(s) and their family to avoid a public guardianship in the event that the grantor(s) are unable to manage their property. Probate is avoided upon the grantor's death so long as property is properly titled in the name of the Trust as property titled to the Trust is not part of the grantor's probate estate and can be transferred to trust beneficiaries without probate or court involvement.
Revocable trusts also provide benefits for individuals with property located in multiple states. A revocable trust which owns all of the individual's property in multiple states avoids multiple probate proceedings in each state where property is located. The administration of the individual's property is consolidated through the use of a single trust document.
A living trust should be drafted by an competent attorney and the Florida Supreme Court has held that preparation of a living trust by anyone other than a lawyer constitutes the unauthorized practice of law.
BIGW's probate attorneys, Scott D. Ittersagen and Robert C. Benedict, assist clients who need legal representation in Florida probate administration, Florida summary probate administration, and ancillary probate for non-Florida residents who die owning real property or other probate assets in Florida, in probate courts throughout the State of Florida.
Probate is the court supervised legal process of administering the property of a decedent according to the instructions in the decedent's Last Will and Testament or the intestacy provisions of the Florida Statutes in the case of individuals who die without a Last Will and Testament. The main functions of a probate proceeding are to determine the rightful heirs or beneficiaries, to determine and pay the legal debts of the decedent and to transfer legal title of the decedent=s assets to the rightful heirs or beneficiaries.
Personal Representative is the term used in Florida for the individual or entity who represents the decedent in the administration of the decedent's estate. In some states the Personal Representative is called an Executor or Executrix. The Personal Representative administers all of the decedent's property that is considered part of the Probate Estate. The Personal Representative has many fiduciary responsibilities and duties throughout the probate proceeding. The Personal Representative has the duty to properly manage estate assets, to ensure that valid legal debts of the decedent are paid, and to make sure the estate pays ongoing bills including mortgages on any probate real estate. The Personal Representative is also responsible for determining which tax returns, if any, the estate is required to file and for the distribution of the probate assets to the beneficiaries named in the Last Will and Testament or Florida intestacy statutes.
The experienced Florida probate attorneys at BIGW assist Personal Representatives and beneficiaries throughout the probate process. We know how important it is for the probate estate administration process to be completed as soon as reasonably possible, and as efficiently as possible. We create all of the necessary documents to administer the estate, counsel and aid the Personal Representative in all aspects of the fulfillment of their duties. We strive to make what can often appear to be an overwhelming and difficult process as straightforward and simple as possible for our clients. We provide our clients with complete and timely information regarding the status and activities of each Florida probate case. We counsel our clients on each phase of the probate estate administration process and provide direction for each step that must be taken.
Over the past several years the importance of asset protection has become abundantly clear to BIGW's clients in Punta Gorda, Port Charlotte, Englewood, Boca Grande, North Port, Sarasota and throughout Southwest Florida. The number of short sales BIGW is handling for both buyers and sellers has grown exponentially, and the number of foreclosures facing Americans has not yet begun to wane making the manner in which assets are held of paramount importance.
BIGW reviews and analyzes its client's assets with them to determine if there are methods through which such assets can be held making them exempt from potential creditors. Asset protection can be as simple as conveying property from one spouse to husband and wife or opening a new account; or can be a bit more complicated involving the creation of a trust or off-shore corporations. BIGW offers free asset protection consultations.
BIGW's bankruptcy attorney, Robert C. Benedict, assists clients in personal bankruptcy actions. In the current economic climate, it has become more common for individuals to fall behind on their bills, expenses, and financial obligations. Unpredicted job loss, illness, or family emergency can cause individuals with excellent financial histories to suddenly find themselves with too much debt and not enough income to manage such debt. Bankruptcy may provide the relief individuals need from their unmanageable debt and allow them to become financially stable once again. We assess each client's particular situation to determine whether bankruptcy is the right solution for them and, if so, which type of bankruptcy will work best for them.
Types of Bankruptcy: Bankruptcy is the legal process of alleviating individuals and businesses of their debt, either through liquidation or reorganization. There are two main types of bankruptcy available to individuals: Chapter 7 and Chapter 13.
Chapter 7: Chapter 7 bankruptcy is the most common form of bankruptcy for individuals. It provides individuals struggling with unmanageable debt the financial relief they desperately need. Chapter 7 bankruptcy is also known as "Fresh Start" or "Liquidation" bankruptcy. In this type of bankruptcy an individual is allowed to keep any exempt property they may have but surrenders non-exempt property they have in exchange for the elimination most or all of his or her debt. Additionally, in a Chapter 7 bankruptcy an individual may be able to keep certain assets that are encumbered (secured debt), provided that they continue to make current payments and are up to date on those loans. Although Chapter 7 bankruptcy will eliminate a majority unsecured debt, there are certain types of debt that cannot be discharged through the bankruptcy process such as student loans, child support, spousal support or alimony, and most taxes with limited exceptions. There are income requirements for filing a Chapter 7 bankruptcy and if an individual's income is in excess of certain thresholds they may not be eligible for Chapter 7 bankruptcy relief.
Chapter 13: Individuals who do not qualify for Chapter 7 bankruptcy, or have non-dischargeable debt, often turn to Chapter 13 bankruptcy to alleviate their debt burden. Chapter 13 bankruptcy is typically referred to as "reorganization". Chapter 13 bankruptcy is available to individuals who have a regular monthly income but can not meet the obligations of their debt. Chapter 13 bankruptcy allows individuals to keep their assets and consolidate all of their debt into an affordable monthly payment plan. Chapter 13 bankruptcy does not completely eliminate debt. Individuals are still be required to pay off a portion or all of their debts through a structured payment plan based upon what they can afford to pay. The amount paid towards the debt every month is based on monthly income, monthly expenses, and any non-exempt assets. After making all the required payments, over either a 3 or 5 year plan, the individual's remaining unpaid debt will be discharged.
Automatic Stay: Upon filing a bankruptcy petition, creditors and collection agencies are prohibited from contacting the debtor. They also cannot take any legal action against an individual who has filed bankruptcy or try to collect any money from them without permission of the bankruptcy court. Filing bankruptcy can also halt wage garnishment, foreclosures, property repossession, and freezes on bank accounts.