To make sure that your final property and health care wishes are honored and that your loved ones are provided for, it is important to prepare your estate through professionally guided estate planning. Beyond executing a simple last will and testament, a comprehensive estate plan can resolve a number of legal questions that arise at death. Understanding the estate plan options that are right for you can be a complex task. Arnett & Kerrigan, PL can help you identify your specific and personal needs, recognize potential solutions, and provide guidance in every step of the estate planning process.           back to top

Wills
Wills are the most common mechanism way for individuals to set forth their preferences regarding the handling of their estates upon death. Many people use their wills to express their deepest sentiments toward their loved ones. A well-written will eases the transition for survivors by transferring property quickly and avoiding many tax burdens. Despite these advantages, many estimates figure that at least seventy percent of Americans do not have valid wills. While it is difficult to contemplate mortality, many people find that great peace of mind results from putting their affairs in order. Arnett & Kerrigan PL can help you understand the legal rules that will make the document effective.           back to top

Trusts
Trusts are estate-planning tools that can replace or supplement wills and help manage property during and after an individual’s life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. There are many reasons to create a trust: the ability of a successor trustee to step in and handle one's assets in the event of incompetence; avoidance of the delay and expenses associated with the probate of one's estate at death; and tax planning. Arnett & Kerrigan PL can help you understand how best to utilize the benefits of Trusts as a part of your asset protection plan.           back to top

Probate is the process of passing a decedent’s assets to his or her heirs, after the payment of creditors.
In addition to the grief that is caused by the loss of a loved one, the personal representative (also referred to as the "executor" or "administrator") of an estate is required too quickly to learn the legal procedures necessary to ensure a smooth estate administration. Arnett & Kerrigan, PL will handle estates of all sizes and complexities, from simple estates valued at less than $20,000 all the way up to taxable estates valued in the millions. We have considerable experience handling estates with real estate, business interests, and assets disbursed in more than one state.
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Real estate disputes are often the result of broken promises. When selling or purchasing real estate, whether as an investment or a residence, the contract into which the parties enter involves the exchange of a “promise” for a “promise”. Disputes arise when one of the parties to the transaction fails to fulfill one or more of the promises made under the contract, i.e. the property and its uses were not as represented or the payments were not made.
Arnett & Kerrigan, PL is experienced in addressing issues involving: design defects, workmanship, rights to common property, enforceability of a purchase contract, and foreclosures. In the event that a law suit is filed or becomes necessary, Arnett & Kerrigan, PL will act can on your behalf with the goal of strengthening your position and obtaining the best results for you.           back to top

Condominium Association Management Issues
Florida has an abundance of condominiums, a form of real property ownership that allows for a relative maintenance free, flexible lifestyle with a variety of amenities. We are experienced in addressing all association issues, whether it be developer issues, enforcement of association declarations and rules, or collection of past due assessments. In that a condominium project generally requires that a number of unit owners share common facilities and amenities and reside side by side. The owners and their guests should adhere to the Golden Rule, (“Do unto others as you would have them do unto you.”). Unfortunately, this does not always occur, resulting in issues that need to be addressed in the legal arena.           back to top

Home Owners' Association
A Home Owners' Association (HOA) is a legal entity that governs a subdivision, condominium or townhome development, or planned community. HOA membership is mandatory for all property owners within the development. The HOA is run by a board, which is bound by the HOA bylaws, and board positions are filled by election or appointment. The HOA collects a fee assessment from all owners to maintain common areas, address legal and safety issues, and enforce restrictions that are applicable to that particular residential area. The HOA also provides residents with a platform to address common concerns of the community. We can help address association issues, including developer disputes, enforcement of association declarations and rules, or collection of past due assessments.           back to top

Our attorneys believe that dispute avoidance provides the best service to our clients and can often be achieved through proper contract drafting and negotiation. Because of the widespread use of arbitration and mediation, firm attorneys have experience in representing clients in both areas; however, we are prepared to represent clients in adversarial proceedings when necessary. Our attorneys are experienced in traditional litigation and are prepared to assist clients through the entire litigation process. The firm also handles appellate matters.

There is no substitute for experience. Our experience covers a wide range of industries and topics and our most senior litigator has over 30 years of individual experience in handling a broad range of litigation in federal courts, state courts and administrative proceedings.           back to top

Business law is a branch of civil law that governs business and commerce in both the private and public sectors. It provides a legal framework within which businesses are created and organized as well as how business is conducted. Business law covers a wide variety of topics relating to the law of agency, corporations, partnerships, franchises, and limited liability companies. It involves such issues as fiduciary relationships, closely held corporations, shares and stockholders, directors and officers, dissolution and receivership, franchise relationships, management duties and liabilities, mergers and acquisitions, securities, and antitrust.            back to top

Business Planning
Business planning encompasses more than getting your business going. It also involves becoming familiar with the relevant antitrust laws, so that you don't engage in conduct that illegal monopolizes your market or inadvertently enter into agreements that restrain trade, and learning how to salvage a sputtering business. Depending on your area of business, effective business planning may also require familiarity with less familiar legal topics, such as agriculture law and international law. Even small businesses can utilize strategic business planning by researching the relevant laws that pertain to the business model, and implementing a small business planning initiative.            back to top

“Innocent until proven Guilty” is an often quoted phrase closely associated to Criminal Law, the area of law that governs an individual's relationship to the state. Congress and state legislatures define criminal offenses including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and post-trial remedies, all of which encompass the rights of an accused and the criminal process.

It is the job of the prosecutor to prove that the accused committed a guilty act beyond a reasonable doubt. The defense must protect the rights of the accused and plead their case diligently. The law firm of Arnett & Kerrigan has years of proven courtroom experience in Criminal Defense in both bench and jury trials.                 back to top

Bankruptcy protects the debtor from debt collection by creditors. A debtor may file for bankruptcy, (voluntary) or a creditor may petition the court to declare the debtor bankrupt (involuntary). There are four types of relief available to individuals or corporations under the Bankruptcy Code involving liquidation, reorganization, and debt adjustment. Generally, not all debts are repaid in a bankruptcy. The court determines which debts are to be repaid according to their priority, and the debtor is typically granted a discharge from unpaid debts that are dischargeable under the Bankruptcy Code. Arnett & Kerrigan can help you understand the complexities of this legal process.          back to top