Practice Areas

Our firm provides services in many legal practice areas including the following:

Asset Protection in Florida

Asset protection can be one of the most significant objectives of estate planning.  Through estate planning, our clients can protect their assets in a variety of ways.  The following pages help explain how this is possible.  Florida residents have individual homestead protections, which protects a person’s primary residence from creditors even if he or she declares bankruptcy.  The Jacksonville asset protection attorneys here can protect your vehicle from creditors through a vehicle trust.  Many clients don’t realize they are liable if their children, under a certain age, get into auto accidents.  We also offer the iPug Trust, which allows a person to qualify for Medicaid and to protect their assets during their lifetime from creditors. 

Bankruptcy in Florida

Sometimes the smartest decision a person can make is to declare bankruptcy when facing an insurmountable amount of debt.  There are two types of bankruptcy that an individual can use, either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.  A person may file for a Chapter 7 bankruptcy when he or she does not have many assets.  A bankruptcy judge will discharge the person’s eligible debts, and the debtor must sell off certain assets to pay off creditors.  The debtor can usually keep certain assets like a car and his or her homestead.  A person must file a Chapter 13 bankruptcy if he or she has too many assets to qualify for a Chapter 7.  The debtor does not have to sell off any assets, but rather the court gives the debtor a repayment plan that he or she must follow for a set number of years.

Business Formation in Florida

Our firm also works to help our clients start their own business.  The business lawyers in our firm can set up a business in a variety of ways that can protect our client’s personal assets, and to avoid costly corporate taxes.  In you are interested in starting a small business, we might recommend forming an LLC.  The LLC, when formed the correct way in Florida, can protect the client’s personal assets from creditors. So if the company were ever to do poorly, the company’s creditors could only attach to the company’s assets and not the individual’s assets like they could if the company was a sole proprietorship.  If multiple people wish to start a business together, we can structure the business as a limited partnership.  This allows for some partners to act as investors, and others as general partners to manage the day-to-day affairs. 

Business Law in Florida

Our business lawyers also handle in business litigation.   A common type of business litigation is a breach of contract claim, which is when one party to the contract does not perform to the terms of the agreement.  The first step to a claim of breach of contract claim is for our lawyers to review the contract’s enforceability.  A valid contract needs three elements: 1) offer, 2) acceptance, 3) consideration.  One common type of contract, or contract clause, is the non-compete clause.  These clauses are often not enforceable because they are overly-broad.    We also commonly review sales agreements, which are frequently broken but not litigated.

Creditor Harassment

Many of our clients do not realize that they have certain rights when it comes to creditors.  Creditors are not allowed to harass debtors.  Creditors are allowed to contact the debtors, but there are certain rules they must follow.  They are not allowed to call the debtor at his or her workplace.  A debtor may request for a debt collection agency to stop contacting him or her by a written letter, and once the agency receives this email, they are no longer allowed to contact the debtor.  If a collection agency continues to harass a debtor, then the debtor is allowed to file a complaint with the Office of Financial Regulation or the Federal Trade Commission.  If the harassment is severe enough, then the debtor can also file a lawsuit against the collection agency. 

Criminal Defense in Florida

The attorneys at this firm also now offer criminal defense to our clients.  The criminal defense attorneys here work hard to defend against wide varieties of criminal charges, which are listed below.  The States Attorney Office charges crimes as either misdemeanors or felonies.  A misdemeanor is a crime where the maximum penalty is a year of jail time or less, while a felony is a crime where the maximum penalty is more than a year in prison.  Our attorneys have criminal trial experience, and also have experience negotiating directly with the State’s attorneys. 

Elder Law in Florida

Elder law is an important field of estate planning because it allows for our clients to make a plan for their future.  The attorneys here work with our clients to become Medicaid eligible through careful planning.  Medicaid is important because it provides long-term health care to those that qualify for the program.  Several studies have shown that many people will need some assistance as they become older, which is often in the form of nursing home assistance.  The problem is that nursing homes are expensive and can quickly eat through a person’s savings.  Further, it’s extremely hard to qualify for Medicaid in Florida even if a person has a modest amount of assets.  This state requires a person pass an income test and an asset test. We can help you qualify for Medicaid through documents like iPug trusts and Lady Bird deeds.

Estate Planning in Florida

Estate planning is a general term that incorporates many legal benefits.  Estate planning permits many of our clients to save money on taxes, protect their assets, and to leave a lasting legacy.  Estate planning also gives our clients piece of mind, because they know a plan is in place to care for them and their assets no matter what happens.  We can create unique wills and trusts that cater to the client’s specific objectives and goals.  The estate planning attorneys here focus on revocable trusts, irrevocable trusts, iPug trusts, wills, pour-over wills, advanced directives, and more.  Contact us today, and we can ensure your goals are met.

Family Law in Florida

Studies show that a marital break-up or divorce can be one of the most stressful periods in a person’s life.  That’s why our attorneys strive to make the process as simple and easy as possible.  Florida is a no-fault divorce state, which means a court will typically grant a divorce if the marriage is “irretrievably broken.”  There are some issues the court needs to settle in a divorce proceeding.  This includes the equitable distribution of the marital property, alimony, parental responsibility, and child support.  Often, the spouses can amicably resolve these issues through mediation, while other times the spouses need a judge to decide an issue at trial.  Our family law attorneys also help with adoption proceedings, name changes, and paternity testing. 

Foreclosure Defense in Florida

Losing your home to a bank foreclosure is a scary prospect for many.  A foreclosure happens when the homeowner becomes late on his or her mortgage payments.   It can be imperative that anyone facing a foreclosure should have a foreclosure attorney review the paperwork because these documents could be defective.  The attorneys at our firm can guide the client through the foreclosure process and ensure that his or her rights are not violated.  Further, a foreclosure attorney can help a client avoid a deficiency judgment by negotiating a short sale of the property.  This can save our client’s credit, and also satisfy the banks. 

Guardianships in Florida

The attorneys in The Law Office of David Goldman PLLC also work with many on establishing guardianships.  Guardianships are important, especially in estate planning.  We often create preneed guardianship documents, which are documents where a person can appoint a guardian to take care of them, and their finances, if they ever become incapacitated.   These documents are fantastic not just for our clients but for their families as well, because it prevents the family from arguing over the client’s healthcare decisions.  The client can appoint a person they trust will fulfill their wishes, and at the same time prevent years of possible in-fighting among family members.  We can also help our clients become guardians of minor children.

Traffic Tickets in many areas of Florida

The criminal defense attorney can also help our clients defend against costly traffic violations.  The attorneys here can defend against common traffic tickets as well as DUI cases

Florida Trust Litigation

Trusts are one of the greatest estate-planning tools at an attorney’s disposal.  Trusts permit our clients to protect assets, save money on taxes, and to leave a lasting legacy.  However, trusts can also be subject to litigation.   A trustee is a person that manages the trust, and he or she owes certain fiduciary duties to the beneficiaries of the trust.  If the trustee breaks these duties, then he or she is liable.  For instance, a trustee must provide a regular trust accounting to the beneficiaries otherwise the beneficiaries may not realize fraud or a breach of duty has taken place.  A trust may also be invalid due to the way it was drafted, or because a beneficiary used undue influence over the trust’s creator. 

Trusts in Florida

This firm focuses on creating trusts that cater to the needs of our clients.  We often created living trusts for clients that want their estate to avoid the long probate process so that their assets can pass quickly to their loved ones.  We create iPug trusts to allow our clients to become eligible for Medicaid.  The attorneys here can create an irrevocable trust to protect the client’s assets even after they pass away.  We can also create charitable trusts for clients that wish to leave a charitable legacy.  For instance, a charitable lead trust is a great way to provide income to the trust creator’s heirs during his lifetime, and then to provide the trust’s principal to a charity after the creator passes away.