Practice Areas

The Bess and Daley Law team offers information on topics of interest to our clients. For more informaton or to download a printable PDF on any of the following topics, please click on one or more of the links below.

Bankruptcy > Overview

Bankruptcy is a federal statutory procedure that provides relief to individuals and businesses in serious financial trouble. Bankruptcy attempts to provide those who file with a fresh financial start. Cases filed after October 17, 2005 must meet the requirements of the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005 (BAPCPA). One of the Act’s many requirements is that consumers must complete a credit counseling session before the bankruptcy petition can be filed, and must complete a financial management course before a discharge can be entered. The U.S. Trustee for each area must approve the counseling and financial manage- ment instruction agencies. More >

Wills > What is a will?

A last will and testament is a writing that specifies who is to receive the assets of a deceased person (the decedent). Florida residents must sign wills at the end of the document in the presence of at least two witnesses who are both present at the same time and place with the testator (person making the will).

The testator should keep the original will in a safe place, because it must be presented to the court at the time of death.

Every person owning property who wishes to exercise control in the disposition of that property when he or she dies, should have a will, regardless of the value of the property. More >

Trusts > What is a living trust?

A living trust is a document that creates a form of ownership in which assets originally owned by the grantor of the trust are legally re-titled in the name of a trustee (who can be the same person as the grantor) who manages the assets for the benefit of the trust's beneficiaries named in the writing. Creating a revocable living trust, also called an inter vivos trust, is the most effective means of avoiding probate and guardianship. It is safer than using joint ownership to avoid probate because the trustee named by the grantor does not personally own the assets of the trust, as is the case with joint property; the trustee holds title to the assets “in trust” for the benefit of the beneficiaries named in the trust. More >

Probate > Facts about probate proceedings

Florida law requires a probate proceeding upon the death of an individual if that individual owns any assets. The probate proceeding is the law’s way of assembling the decedent's assets, paying debts and taxes, and passing title to the decedent's beneficiaries

If a Florida resident dies with a will, he or she has died testate. The will names the personal representative and beneficiaries of the estate. Making a will is the means by which an individual determines the beneficiaries who will inherit his or her property at death and the personal representative who will be responsible for collecting the assets, paying claims and expenses, and distributing the assets. More >

Intellectual Property > What is a patent?

A patent is the grant of a property right to an inventor. A patent gives the inventor or business the legal right to exclude others from making, using, or selling products that are protected by the patent. Patents can be a remarkably valuable business tool. The issuance of a patent is not an indication that there is any reasonable commercial use for the invention. More >

Personal Injury > What should I know about personal injury?

Florida is a no-fault state, which means that every driver with an automobile must have personal injury protection (PIP) coverage.

In most cases, PIP coverage covers 80% of medical bills and 60% of lost wages up to $10,000, regardless of who was at fault.

In cases in which the owner or driver who caused the crash does not have insurance, you may have to try to recover your damages from your own uninsured or underinsured motorist policy, if you have one. An attorney can help you recover damages, by bringing a claim against the driver or owner of the at-fault vehicle. More >

More >

• Bankruptcy

• Mortgage Services

• Wills

• Trusts

• Probate

• Intellectual Property

• Personal Injury

As always, feel free to contact us at 321.452.1991