CIVIL LITIGATION · REAL ESTATE ·  PROBATE

ESTATE PLANNING/WILLS AND TRUSTS  ·  CORPORATE & BUSINESS LAW

Areas of Practice

Court, Civil Litigation Services in Oviedo, FL

Civil Litigation

Whether you are a plaintiff or a defendant, lawsuits are expensive, time consuming and stressful. If you are the person who is suing, there are limits of time within which a lawsuit can be filed. If you are being sued, you must timely respond to the lawsuit in order to have a say in any further proceedings in the case. There are legal principles which govern every aspect of a case and specific rules that must be followed in the process of the litigation. In the very least, consult a lawyer to determine what rights you may have in any controversy before deciding how to proceed. We have been involved in all types of cases, including:

  • Foreclosures
  • Construction Litigation
  • Landlord/Tenant Disputes and Evictions
  • Homeowners’ Associations
  • Lien Disputes
  • Easements
  • Boundary Issues
  • Rights of Way
  • Title Disputes
  • Shareholder Disputes
  • Contract Disputes
  • Breach of Fiduciary Duties
  • Fraud

Real Estate

We have extensive experience in all types of real estate transactions involving both residential and commercial properties. For an individual, the single largest investment that he or she will probably make is a home. The process of purchasing or selling a home involves several phases, from the initial contract for sale and purchase to the ultimate closing of the transaction. In between are steps associated with obtaining inspections, choosing financing alternatives, assuring that the property can be used for the client’s particular purpose and identifying the liens and exceptions which will continue to encumber the property of after its purchase as reflected in the title work.

Remember that the contract for sale and purchase is the document that controls the terms and conditions of the entire transaction. Never sign a contract without being fully advised of your rights and obligations. 

In commercial transactions, we assist developers from the very beginning by obtaining the appropriate approvals to develop the property for its intended purpose, negotiating terms of financing to construct the proposed improvements and leasing the property to third parties.  Likewise, we assist prospective tenants in determining their rights and liabilities under potential leases.

We are authorized to conduct closings on all types of transactions and to issue title insurance policies to owners, leaseholders and lenders. Let us help you with all of your real estate matters. There may arise other issues related to property which you may own, such as boundary disputes, easement access issues or even the rights of other parties to utilize portions of your property for particular purposes. We can help you determine what your rights and obligations are so you can decide how best to handle each situation.  We can assist you in all types of residential and commercial real estate transactions, including:

  • Contracts
  • Sale and Purchase Transactions
  • Mortgages
  • Leases
  • Option Agreements
  • Development Agreements
  • Platting
  • Easements
  • Rights of Way
  • Title Disputes

Estate Planning and Probate

Wharton Law Group, P.A. has attorneys with over 30 years experience in Estate Planning and Probate.  First and foremost, everyone should have at least will.  A will allows you to express your final wishes and desires.  Florida law mandates certain legal provisions be contained in a will and does not consider a hand-written will valid unless it contains these certain provisions.  For those individuals with the need for more extensive estate planning, Wharton Law Group, P.A. can also assist. 

Probate is the proceeding through which the Court supervises the transfer of assets from the decedent to his or her beneficiaries and creditors, pursuant to the terms of his or her will.  If the decedent did not have a will the transfer of assets is directed by law.  There are several different types of probate proceedings, depending on the assets comprising the estate.  Wharton Law Group, P.A. has extensive experience assisting clients through the probate process. 

Wharton Law Group, P.A. offers the following services regarding Estate Planning and Probate: 

  • Asset Protection
  • Estate Administration
  • Wills
  • Trusts
  • Powers of Attorney
  • Living Wills
  • Health Care Surrogates

Corporate and Business Law

Anyone can file papers to incorporate and many of the forms are available on-line, but there is much more to setting up a business than filing Articles of Incorporation/Organization with the Secretary of State. There are several types of business entities, and there are numerous factors that should be considered in determining what type of entity is best suited for each client’s needs. For example, one must consider the tax consequences and what each person's responsibilities will be, not only for the business, but to each other.  Florida law imposes different obligations on the owners of a corporation depending on various circumstances such as the type of organization and the number of owners.  It is vital to consult a business law attorney prior to starting any new business venture.

Forming a new business is an exciting time and everyone involved is usually anxious to get started. That is the best time for everyone to agree on how the business will be operated, and just as importantly, how things will be handled when disagreements arise. In addition to assisting you to determine which type of entity is best for your new business, Wharton Law Group, P.A. can also assist with:

  • Joint Venture Agreements
  • Homeowners’ and Condominium Association Formation
  • Stock Purchase Agreements
  • Membership Agreements
  • Redemption Agreements
  • Breach of Fidicuary Duties
  • Dissolution
  • Fraud
  • Shareholder Disputes

Contact us to discuss your legal needs today.