Thomas V. Siciliano, P.A.

Firm Profile

Practice Areas

Trusts and Estates

Our firm has an exceptionally active and sophisticated trusts and estates practice. Although we draft scores of estate planning documents for our Florida clients every year, we generally prepare such instruments as part of a more comprehensive estate plan designed to preserve wealth and minimize taxes.

Our representation generally spans many years and continues from one generation to the next. We often serve as advisor to family trusts.

Entrepreneurs frequently retain our services to coordinate personal, business and tax planning and deal with financial issues in ways that benefit both the family and the business.

Computer technology has enabled us to render services in a personal, efficient and cost-effective manner. Document drafting and client communications are streamlined, allowing us to spend more time on each client's specific needs and wishes.

In the estate planning process, we will meet with the client to discuss his or her situation, wishes and the various alternatives. Within about one week after the client has chosen an estate plan, we will prepare and deliver to the client drafts of the documents needed to implement that plan – including Wills, Revocable Living Trusts, Durable Powers of Attorney, Deeds, and Advance Healthcare Directives. After the client is comfortable that he or she understands the effect of the documents, we will meet for signing. We are able to complete the entire estate planning process within about two weeks, provided that time frame is consistent with the client's availability, needs and desires.

After the client’s estate plan is implemented, we usually perform an ongoing role in advising and assisting the client in such matters as making gifts, filing gift tax returns, establishing or operating family business and investment entities, selecting other professional advisors, and updating or revising documents in the event of changes in the law or in the client's circumstances.

In the event of a client's death, we will assist the client's family in the transfer of the client's assets to the beneficiaries named in his or her estate planning documents. We recognize that this can be an unfamiliar and complex process, and that it confronts family members at a extremely difficult time. However, our experience in administering hundreds of estates makes us particularly adept in guiding the client's family through Florida probate proceedings, dealing with estate creditors, filing estate tax returns, handling tax audits, and assisting with the sale of real estate, securities and other estate assets to provide liquidity or facilitate distribution to the beneficiaries.

Real Estate

The firm provides individualized, full-service representation to clients on a wide spectrum of commercial and residential real estate transactions, representing purchasers, sellers, developers, landlords and tenants in all aspects of property ownership and disposition.

For clients purchasing or selling homes or condominiums, we review listing agreements, review, prepare and assist in negotiating sales contracts, issue title insurance, assist with institutional mortgage financing, review and prepare closing documents, and coordinate and attend closings.

For clients interested in building new homes, we review, prepare and negotiate contracts with contractors and architects, assist in acquiring financing, participate in lender disbursements (including periodic title review), assist with the closing of construction loans, provide counsel in disputes with contractors, architects or lenders, and issue title insurance.

We also provide counsel on the numerous tax issues affecting owners of real estate, including capital gains treatment, like kind (§1031) exchanges, selection and formation of entities, and estate planning.

In commercial real estate we represent both developers and investors, including domestic and foreign corporations, limited liability companies, partnerships, land trusts and individuals.

Our services include the selection and formation of business entities, preparing purchase and sale agreements and deeds, counseling during negotiations with contractors, architects and lenders, issuing title insurance for owners and lenders, and advising on compliance with applicable laws, including foreign ownership restrictions, tax issues and registration requirements.

We also represent landlords and tenants in a wide range of commercial leasing transactions, including drafting and negotiating retail, office and industrial leases.

Business Planning

We advise clients with respect to all types of business relationships, including corporations, partnerships, and limited liability companies.

For clients entering into new business enterprises, as well as those seeking to refine existing relationships, we provide advice concerning the selection of the appropriate business entity; drafting shareholder agreements, employment contracts and buy-sell agreements; developing business succession plans; and analyzing the interrelationship of the business plan with the owner’s estate plan.

Because of our substantial estate planning practice, we frequently counsel individuals in the transfer of closely held businesses to the client’s children and other family members, as well as the formation of closely held business entities to preserve and protect family wealth. In particular, we have formed many family limited partnerships, limited liability companies and S corporations.

We are frequently involved in the formation of business entities organized outside of Florida, recognizing the importance of selecting the jurisdiction which best suits the client’s tax, business and estate planning needs.

Areas of Practice

  • Asset Protection
  • Business Law and Taxation
  • Estate Planning
  • Real Estate
  • Trusts and Estates
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