BRESS LAW FIRM
FREQUENTLY ASKED QUESTIONS

Do You Charge for Legal Consultations? The Bress Law Firm offers a free initial legal consultation in all of our areas of law. We only charge for legal services after we have discussed and agreed on legal fees. No surprises. Typically, we enter into a legal services agreement, which states the terms of our legal services agreement.

Why Should I Hire the Bress Law Firm? Our firm is a civil law practice located in North Miami. Our areas of law are Estate Planning, Business Law, and Landlord Tenant Law. You should take advantage of our free initial legal consultation, and use your good judgment and common sense to decide whether to hire an attorney.

Who Will Work on My Legal Matter? The Bress Law Firm is a boutique law firm, a sole practice. Michael N. Bress, Esq. will handle your entire legal matter. We do not hand off any legal services to clerks or paralegals. Your entire legal matter is handled by a licensed lawyer dedicated to diligent legal service.

What Areas of Law Does the Bress Law Firm Handle? Our areas of law are Estate Planning (Wills, Trusts, Estates), Business Law (Business Formation, Contracts, Property Law), Landlord Tenant Law. The Bress Law Firm provides reliable legal services at reasonable prices. Contact us now for a free legal consultation.

What Are Your Legal Fees? Our legal fees depend on the legal service. Our legal fees are reasonable, which means our fees are lower than what a lawyer of similar abilities and experience typically charges. We often quote a flat-fee price. Our hourly rate for reasonably necessary legal services is $225.00 an hour.

Are Our Communications Confidential? Yes, our conversations and your information are protected by attorney-client privilege. The attorney-client privilege protects confidential communications between lawyer and client made in the course of their professional relationship. It also protects prospective clients.

How Will You Keep Me Informed of My Case? We can address your communication and other preferences at our free initial legal consultation. We will keep you updated regularly, inform you of significant legal developments as soon as possible. In short, our law firm is dedicated to diligent, client-centered legal service.

Do You Do In-Person and Virtual Meetings? We do both in-person and virtual meetings. A virtual meeting is a phone call or a video conference via. Zoom. In recent years, the trend has moved toward virtual meetings. How we meet depends on the circumstances, such as is there a specific need for a face-to-face, and other common-sense considerations.

Will You Help Me Implement My Estate Plan? The Bress Law Firm provides the advice, instructions, guidance, or assistance you require or request, to help you fully implement your estate plan and achieve your estate planning objectives. The Bress Law Firm is always dedicated to providing diligent legal service.

What is Per Stirpes Distribution? In Florida, the portion of decedent’s estate that has not been disposed of- for example, that remains after any creditors are paid off-is distributed “Per Stirpes” to your most immediate descendants. If any predecease you, their descendants receive their share of the inheritance.

What is a Last Will and Testament? A Will is a legal document that sets out how after your die you want to dispose of your assets. A Will also sets out your final wishes regarding your funereal preferences, your estate’s executors, cost allocation, and other significant details regarding the disposition of your estate.

What is a Trust? A trust is a legal entity created to hold and manage assets for the benefit of certain entities or persons, known as the trust’s beneficiaries. A trust is managed by a trustee, who must manage the trust according to the terms of the “trust instrument” and in the interests of the trust’s beneficiaries.

What is a Revocable Trust? A revocable trust, known as a living trust, is a type of trust that can be changed or revoked during your lifetime. A revocable trust is flexible, lets you retain control over your assets, plan for disability, avoid probate, and in many other ways is very a useful tool in estate planning.

What are the Key Elements of an Estate Plan? An estate plan should at a least include a will and a living will. It may include a trust, insurance policies, retirement plans, the retitling of assets, healthcare directives and powers of attorney. It depends on your needs, wishes, situation, and the complexity of your estate.

What is a Will Substitute? A Will Substitute is a legal arrangement, other than a will, that transfers ownership of property to your beneficiaries. Common purposes of a will substitute are to avoid probate, asset protection, tax avoidance, and ensuring your assets are distributed according to your final wishes.

What is Your Estate Planning Process? Our usual estate planning process is systematic but also flexible. It is customized to your needs and situation, and to enable us to craft a well-tailored estate plan that achieves your estate planning objectives. We also follow up to review and, if needed, update your estate plan.

What About Estate Taxes? Estate taxes, also known as “death taxes,” is a tax on the transfer of property to one’s heirs or beneficiaries. In Florida, fortunately, there is no state estate tax. In terms of Federal estate taxes, estate planning utilizes various tools and devices to help you minimize and avoid estate taxes.

What is Probate? Probate is the legal process whereby a court decides how to distribute a deceased person’s estate to their heirs and beneficiaries. That is, your assets that are subject to probate. Probate is also where an estate’s administrator gathers the assets and facilitates the distribution of an estate.

What is Probate Summary Administration? Probate can be a difficult, time-consuming, and costly process. However, if your estate is small, not otherwise complex, or contested by potential beneficiaries, your estate may be entitled to summary probate procedure. That is, a simplified version of the probate process.

What is a Living Will? A Living Will, known as advanced directives, specifies your medical preferences if you are ever unable to make your own medical decisions. Additionally, you can also include a healthcare proxy to designate who, if you are unable, would be empowered to make for you your medical decisions.

What is an Irrevocable Trust? An irrevocable trust, unlike a revocable trust, cannot be changed or revoked once the trust is created. Irrevocable trusts can be modified in limited circumstances, such as the unanimous consent of trustees and beneficiaries, or by a court pursuant to limited exceptions under Florida law.

How Do I Avoid Probate? Probate can be avoided by hiring an estate planning attorney to craft an estate plan to dispose of your assets outside of probate. An estate planning attorney can help you avoid probate through the use of estate planning tools such as trusts, Lady Bird Deeds, and will substitutes.

What Happens if I Die Without a Will? In Florida, a decedent’s assets that are not disposed of by a will substitute or outside of probate, are usually distributed according to Florida’s laws of intestacy. A probate court distributes your remaining estate according to the “Per Stirpes” scheme of intestate distribution.

Will My Estate Plan Be Private? If your estate planning documents are properly executed under Florida law, your estate plan will be private. But after you die, some of your estate documents could become a part of a court proceeding’s record, or otherwise be revealed to beneficiaries, and no longer be entirely private.

What Licenses Does My Business Require? The licenses Florida business require depend on the type of business. Governing bodies establish regulations that are specific to various businesses. Generally, a business requires a business license and professional licenses, along with a variety of commercial permits.

How Can an Attorney Assist You with a Real Property Transaction? A property attorney can provide valuable and essential assistance at every stage of a property transaction. A lawyer can assist with the legal and practical aspects involving, for example, contracts, negotiations, inspections, and property closings.

What are the Most Common Legal Structures for Businesses? In Florida, the most common legal structures businesses select are sole proprietorship, partnership, limited liability company, or a C or S Corporation. These are the most common, but there are other kinds of legal structures for businesses.

What Legal Structure Should I Chose for My Business? The answer depends on a variety of considerations, including 1) the nature of your business, 2) your vision for its future, 3) financing, 4) ownership and management structure, 6) state and Federal rules and regulations, 7) legal liability, and of course 8) taxation.

How Can I Protect My Intellectual Property? A business’ Intellectual Property (IP) is a valuable asset. Protecting your IP from misappropriation, infringement, and other adverse actions, is best accomplished through understanding your legal rights and securing your IP rights by registering your intellectual property.

What Documents Should My Business Have in Place? The essential documents a new business should put in place depends on the business’ nature and legal structure. This may include bylaws, operating agreements, employment contracts, service contracts, and documents required to comply with various laws and regulations.

What Kinds of Contracts Do You Draft? The Bress Law Firm drafts and reviews a variety of contracts. Generally, we draft and review the kinds of contracts utilized in our areas of legal practice. The areas of law we practice are Estate Planning, Business Law, Property Law, and Landlord and Tenant Law.

How Can I Protect My Business from Liability? A new business can protect itself from liability in several ways. First, the decision of what legal structure you chose for your business. Also, obtaining insurance, complying with laws and regulations, good governance, and well-written documents and contracts.

What Types of Business Law Matters Do You Handle? The Bress Law Firm offers a variety of business-law related legal services. Generally, we can advise, assist, and represent you regarding business formation, organization, contracts, property transactions, and a variety of business-related legal services, including the drafting, review, and negotiation of business-related contracts and legal documents.

Can a Landlord Evict Without Going to Court? No. A landlord must follow the statutory procedure for eviction. Neither a landlord nor its agent(s) can perform an eviction. In Florida, “Self-Help Evictions” are illegal evictions. Once a Court issues a Writ of Possession, the sheriff will perform the actual eviction.

Does Your Law Firm Handle Evictions? The Bress Law Firm regularly represents landlords and tenants in eviction disputes. We advise and represent you through every step of the eviction process. We provide legal advice, handle the demands, notices, legal filings, and will represent you in court in an eviction lawsuit.

What Do I Do if I Receive an Eviction Notice? If you receive an eviction notice, especially for unpaid rent, you should act quickly. Eviction deadlines are short. If you comply with the notice’s demands, or work it out with your landlord, that may resolve the problem. You should consult with a landlord tenant lawyer.

Do you charge Hourly or Flat Fees? The Bress Law Firm charges reasonable legal fees. Depending on your legal needs, we may charge a flat fee, hourly fee, or hybrid to account for unexpected legal issues and developments. For Landlord Tenant matters, we typically quote a reasonable flat fee for a specific legal service.

When Can a Security Deposit be Withheld? A security deposit is money a landlord holds as security to cover expenses of repairing property damage beyond “normal wear and tear.” A security deposit might also be applied to unpaid rent. What a deposit can be applied to, also depends on what it says in the rental agreement.

What Kinds of Landlord Tenant Matters Do You Handle? We handle all kinds of landlord tenant legal matters, residential and commercial. Landlord and Tenant issues include eviction disputes, lease agreements, maintenance issues, litigation over money and possession of property (ejectments, unlawful detainers, evictions).

When Can a Landlord Evict a Tenant? Florida’s eviction process requires landlords to follow the statutory procedure outlined in Chapter 83 of the Florida statutes. Common grounds for eviction include material breach of the rental agreement, failure to vacate after the tenancy expires, and unpaid rent.

Do You Handle Property Transactions? We handle both residential and commercial real property transactions. We can represent you throughout all aspects of the transaction. We can represent you and handle the negotiations, contracts, property issues, closing documents, and the property closing.