# Valero Law > https://www.valerofirm.com > Last Updated: 2026-07-25 Valero Law represents clients in probate litigation, estate disputes, real estate litigation, business conflicts, and civil appeals throughout Davie and Broward County. Attorney David Valero provides hands-on, responsive representation, communicating directly with clients, offering honest guidance, and crafting strategic litigation solutions tailored to each case. The firm handles will contests, trust disputes, fiduciary misconduct, real estate conflicts, business litigation, and appeals with efficiency, diligence, and skill. ## Contact - Phone: +1-305-607-7011 - Address: 6100 Griffin Rd, Suite 337, Davie, FL 33314 ## Locations - Davie, FL - +1-305-607-7011 Areas served: Miami, Coconut Grove, Davie, Fort Lauderdale ## Practice Areas - Probate Litigation - Estate Litigation - Real Estate Litigation - Will Contests - Personal Representative Disputes - Fraud - Duress - or Undue Influence - Lack of Capacity Probate Disputes - Invalid Will or Improper Execution of a Will or Codicil - Lost Will or Multiple Wills - Disinherited Heir - Homestead Disputes - Creditor Lawsuits - Trust Litigation - Breach of Fiduciary Duty Disputes - Inter-Family Disputes ## Attorneys - Valero Law: https://www.valerofirm.com/about-valero-law/ About Valero Law ## Key Pages - Homepage: https://www.valerofirm.com/ - Blog: https://www.valerofirm.com/blog/ - Contact: https://www.valerofirm.com/contact-us/ ## Social Profiles - https://www.yelp.com/biz/valero-law-davie - https://www.linkedin.com/in/david-valero-3a579435b/ - https://www.avvo.com/attorneys/33314-fl-david-valero-5219497.html - https://lawyers.justia.com/lawyer/david-valero-1820321 ## Reviews - Rating: 5/5 based on 256 reviews ## Practice Area Details ### Miami Probate & Real Estate Litigation Lawyer https://www.valerofirm.com/ Miami probate & real estate litigation lawyers at Valero Law handle probate, estate, real estate, and business litigation matters throughout South Florida. ### Coconut Grove Breach of Fiduciary Duty Disputes Lawyer https://www.valerofirm.com/coconut-grove-breach-of-fiduciary-duty-disputes-lawyer/ Our Coconut Grove breach of fiduciary duty dispute lawyers provide strategic guidance, thorough investigation, and assertive advocacy to hold fiduciaries accountable and protect our clients’ interests. ### Coconut Grove Creditor Lawsuits Lawyer https://www.valerofirm.com/coconut-grove-creditor-lawsuits-lawyer/ Our Coconut Grove creditor lawsuit attorneys guide beneficiaries, personal representatives, and others through the process with careful attention, fast communication, and the strategic advocacy needed to reach fair, legally sound resolutions. ### Coconut Grove Disinherited Heirs Lawyer https://www.valerofirm.com/coconut-grove-disinherited-heirs-lawyer/ Our Coconut Grove disinherited heir lawyers approach these cases with the same level of personal attention and responsiveness that defines our entire practice. ### Coconut Grove Forged or Fraudulent Deeds Lawyer https://www.valerofirm.com/coconut-grove-forged-or-fraudulent-deeds-lawyer/ At Valero Law, our Coconut Grove forged or fraudulent deed lawyers help clients in South Florida resolve forged and fraudulent deed disputes, restore rightful ownership, and clear their property records. ### Coconut Grove Fraud, Duress, or Undue Influence Lawyer https://www.valerofirm.com/coconut-grove-fraud-duress-or-undue-influence-lawyer/ Our Coconut Grove fraud, duress, or undue influence attorneys are here to offer skilled, steady advocacy and support. ### Coconut Grove Homestead Disputes Lawyer https://www.valerofirm.com/coconut-grove-homestead-disputes-lawyer/ Our Coconut Grove homestead dispute attorneys bring hands-on experience, responsive communication, and a clear understanding of the nuances involved in these disputes. ### Coconut Grove Inter-Family Disputes Lawyer https://www.valerofirm.com/coconut-grove-inter-family-disputes-lawyer/ Our Coconut Grove inter-family dispute lawyers provide experienced guidance, strategic advocacy, and personalized attention to help families resolve disputes while protecting legal rights and preserving assets. ### Coconut Grove Invalid Will or Improper Execution of a Will or Codicil Lawyer https://www.valerofirm.com/coconut-grove-invalid-will-or-improper-execution-of-a-will-or-codicil-lawyer/ Disputes over will validity can involve complicated legal questions and deeply personal issues. Our Coconut Grove invalid will lawyers represent clients on both sides of these disputes. ### Coconut Grove Lack of Capacity Probate Disputes Lawyer https://www.valerofirm.com/coconut-grove-lack-of-capacity-probate-disputes-lawyer/ Our Coconut Grove lack of capacity probate dispute lawyers bring steady guidance and practical insight to these disputes. ### Coconut Grove Lost Will or Multiple Wills Lawyer https://www.valerofirm.com/coconut-grove-lost-will-or-multiple-wills-lawyer/ Our Coconut Grove lost will or multiple wills lawyers represent clients on both sides of these disputes, including beneficiaries who believe a lost will should be honored. ### Coconut Grove Personal Representative Disputes Lawyer https://www.valerofirm.com/coconut-grove-personal-representative-disputes-lawyer/ Our Coconut Grove personal representative dispute attorneys are here to guide you through the conflict and protect your rights. ### Coconut Grove Probate and Estate Litigation Lawyer https://www.valerofirm.com/coconut-grove-probate-and-estate-litigation-lawyer/ Our Coconut Grove probate and estate litigation attorneys represent all parties in probate and estate litigation matters and tailor our approach to each unique situation. ### Coconut Grove Real Estate Litigation Lawyer https://www.valerofirm.com/coconut-grove-real-estate-litigation-lawyer/ Our Coconut Grove real estate litigation lawyers represent buyers, sellers, landlords, tenants, investors, and associations, ensuring that each client’s interests are protected throughout every stage of litigation. ### Coconut Grove Trust Litigation Lawyer https://www.valerofirm.com/coconut-grove-trust-litigation-lawyer/ Our Coconut Grove trust litigation lawyers represent both trustees and beneficiaries, giving us a balanced understanding of how disputes develop and what it takes to resolve them effectively. ### Coconut Grove Will Contests Lawyer https://www.valerofirm.com/coconut-grove-will-contests-lawyer/ From questions about capacity to concerns about fraud, undue influence, or last-minute changes, our Coconut Grove will contest attorneys take the time to understand the full story. ### Davie Breach of Fiduciary Duty Disputes Lawyer https://www.valerofirm.com/davie-breach-of-fiduciary-duty-disputes-lawyer/ At Valero Law, our Davie breach of fiduciary duty dispute lawyers represent clients on all sides of fiduciary disputes, providing experienced guidance, clear communication, and practical strategies to protect your rights and recover losses. ### Davie Creditor Lawsuits Lawyer https://www.valerofirm.com/davie-creditor-lawsuits-lawyer/ Our Davie creditor lawsuit lawyers focus on providing clear guidance, fast communication, and strategic advocacy so clients know exactly where they stand and how to respond to creditor lawsuits. ### Davie Disinherited Heir Lawyer https://www.valerofirm.com/davie-disinherited-heir-lawyer/ Our Davie disinherited heir lawyers help people work through these emotionally charged situations by explaining the law, investigating what happened, and advocating for a fair outcome. ### Davie Forged or Fraudulent Deeds Lawyer https://www.valerofirm.com/davie-forged-or-fraudulent-deeds-lawyer/ Our Davie forged or fraudulent deeds lawyers provide thorough investigation, strategic advocacy, and practical guidance to protect your property rights. ### Davie Fraud, Duress, or Undue Influence Lawyer https://www.valerofirm.com/davie-fraud-duress-or-undue-influence-lawyer/ At Valero Law, our Davie fraud, duress, or undue influence probate lawyers represent clients throughout Broward County who are facing these kinds of challenges. ### Davie Homestead Disputes Lawyer https://www.valerofirm.com/davie-homestead-disputes-lawyer/ Our Davie homestead dispute lawyers step in early, evaluate the facts, and guide you through your options under Florida law. ### Davie Inter-Family Disputes Lawyer https://www.valerofirm.com/davie-inter-family-disputes-lawyer/ Our Davie inter-family dispute lawyers work to protect your rights, preserve estate assets, and guide families toward resolution, even in situations complicated by wills, trusts, or prior disputes. ### Davie Invalid Will or Improper Execution of a Will or Codicil Lawyer https://www.valerofirm.com/davie-invalid-will-or-improper-execution-of-a-will-or-codicil-lawyer/ At Valero Law, our Davie probate litigation lawyers represent clients throughout Broward County who are involved in disputes over the validity of wills or codicils. ### Davie Lack of Capacity Probate Disputes Lawyer https://www.valerofirm.com/davie-lack-of-capacity-probate-disputes-lawyer/ Our Davie lack of capacity probate dispute lawyers approach each case with a combination of legal expertise and personal attention. ### Davie Lost Will or Multiple Wills Lawyer https://www.valerofirm.com/davie-lost-will-or-multiple-wills-lawyer/ The Davie lost will or multiple wills lawyers at Valero Law guide families in Broward County through these difficult situations with clarity, compassion, and a firm command of Florida probate law. ### Davie Personal Representative Disputes Lawyer https://www.valerofirm.com/davie-personal-representative-disputes-lawyer/ Our Davie personal representative dispute lawyers work closely with you to understand what’s happening, explain your options, and protect your rights. ### Davie Probate & Estate Litigation https://www.valerofirm.com/davie-probate-and-estate-litigation-lawyer/ At Valero Law, our Davie probate and estate litigation lawyers understand how sensitive these matters can be, and we approach each case with the personal attention and urgency you deserve. ### Davie Real Estate Litigation Lawyer https://www.valerofirm.com/davie-real-estate-litigation-lawyer/ Our Davie real estate litigation attorneys represent both plaintiffs and defendants in disputes, ensuring that whether you are enforcing your rights or defending against claims, your interests are protected. ### Davie Trust Litigation Lawyer https://www.valerofirm.com/davie-trust-litigation-lawyer/ Our Davie trust litigation lawyers approach each case with meticulous attention to detail, ensuring that clients understand their options and receive prompt updates throughout the process. ### Davie Will Contests Lawyer https://www.valerofirm.com/davie-will-contests-lawyer/ At Valero Law, our Davie will contest lawyers represent clients throughout Broward County who need clarity, accountability, and a fair process when a will is in dispute. ### Miami Breach of Fiduciary Duty Disputes Lawyer https://www.valerofirm.com/miami-breach-of-fiduciary-duty-disputes-lawyer/ Valero Law supports Miami clients facing breach of fiduciary duty disputes with strategic, attentive, and confident legal counsel. Let our Miami team help. ### Miami Creditor Lawsuits Lawyer https://www.valerofirm.com/miami-creditor-lawsuits-lawyer/ Valero Law guides Miami clients through creditor lawsuits with proven litigation experience and genuine care. Contact our Miami office today. ### Miami Disinherited Heirs Lawyer https://www.valerofirm.com/miami-disinherited-heirs-lawyer/ Valero Law represents Miami clients in disinherited heirs with focused, dependable, and persistent legal advocacy. Contact our Miami office today. ### Miami Forged or Fraudulent Deeds Lawyer https://www.valerofirm.com/miami-forged-or-fraudulent-deeds-lawyer/ Valero Law supports Miami clients facing forged or fraudulent deeds with strategic, attentive, and confident legal counsel. Let our Miami team help. ### Miami Fraud, Duress, or Undue Influence Lawyer https://www.valerofirm.com/miami-fraud-duress-or-undue-influence-lawyer/ Valero Law handles fraud, duress, or undue influence for Miami clients with experienced counsel and steady, reliable advocacy. Call our Miami attorneys. ### Miami Homestead Disputes Lawyer https://www.valerofirm.com/miami-homestead-disputes-lawyer/ Valero Law represents Miami clients in homestead disputes with focused, dependable, and persistent legal advocacy. Speak with us in Miami today. ### Miami Inter-Family Disputes Lawyer https://www.valerofirm.com/miami-inter-family-disputes-lawyer/ When inter-family disputes arises in Miami, Valero Law delivers focused legal support, thoughtful planning, and persistent advocacy aligned with your goals. ### Miami Invalid Will or Improper Execution of a Will or Codicil Lawyer https://www.valerofirm.com/miami-invalid-will-or-improper-execution-of-a-will-or-codicil-lawyer/ Valero Law guides Miami clients through invalid will or improper execution of a will or codicil with proven litigation experience and genuine care. ### Miami Lack of Capacity Probate Disputes Lawyer https://www.valerofirm.com/miami-lack-of-capacity-probate-disputes-lawyer/ Valero Law guides Miami clients through lack of capacity probate disputes with proven litigation experience and genuine care. Contact our Miami office today. ### Miami Lost Will or Multiple Wills Lawyer https://www.valerofirm.com/miami-lost-will-or-multiple-wills-lawyer/ Valero Law handles lost will or multiple wills for Miami clients with experienced counsel and steady, reliable advocacy. Contact Valero Law now. ### Miami Personal Representative Disputes Lawyer https://www.valerofirm.com/miami-personal-representative-disputes-lawyer/ Valero Law guides Miami clients through personal representative disputes with proven litigation experience and genuine care. Reach our Miami team today. ### Miami Probate and Estate Litigation Lawyer https://www.valerofirm.com/miami-probate-and-estate-litigation-lawyer/ Miami Probate and Estate Litigation Lawyer Florida's 11th Judicial Circuit, which covers Miami-Dade County, processes thousands of probate filings each year, making it one of the busiest probate jurisdictions in the southeastern United States. For families dealing with contested wills, disputed inhe... ### Miami Real Estate Litigation Lawyer https://www.valerofirm.com/miami-real-estate-litigation-lawyer/ Miami Real Estate Litigation Lawyer Real estate disputes in Miami move through a court system with its own rhythms, procedural expectations, and local nuances that can catch unprepared parties off guard. From the moment a complaint is filed in Miami-Dade County Circuit Court, the timeline begins tic... ### Miami Trust Litigation Lawyer https://www.valerofirm.com/miami-trust-litigation-lawyer/ Miami Trust Litigation Lawyer Florida trust law places a heavy burden on anyone seeking to challenge a trustee's conduct or contest the validity of a trust instrument. Under Florida Statute Chapter 736, a beneficiary or interested party must typically establish that the trustee breached a clearly de... ### Miami Will Contests Lawyer https://www.valerofirm.com/miami-will-contests-lawyer/ Miami Will Contests Lawyer The most consequential decision in a will contest is one most people face before they've spoken to anyone: whether to act quickly enough to preserve the right to challenge at all. Florida law imposes strict deadlines on will contests, and missing them eliminates your abili... ### Miami Real Estate Fraud Lawyer https://www.valerofirm.com/miami-real-estate-fraud-lawyer/ Valero Law supports Miami clients facing real estate fraud with strategic, attentive, and confident legal counsel. Speak with us in Miami today. ### Fort Lauderdale Breach of Fiduciary Duty Disputes Lawyer https://www.valerofirm.com/fort-lauderdale-breach-of-fiduciary-duty-disputes-lawyer/ Fort Lauderdale Breach of Fiduciary Duty Disputes Lawyer Breach of fiduciary duty claims carry a burden of proof that is often misunderstood, and that misunderstanding cuts in both directions. Whether you are a beneficiary who suspects a trustee has been quietly self-dealing, or a personal represent... ### Fort Lauderdale Creditor Lawsuits Lawyer https://www.valerofirm.com/fort-lauderdale-creditor-lawsuits-lawyer/ Fort Lauderdale Creditor Lawsuits Lawyer In Florida, creditors who obtain a civil judgment can move to garnish wages, freeze bank accounts, and place liens on real property, often within weeks of a court ruling. For residents and business owners facing collection actions in Broward County, the timel... ### Fort Lauderdale Disinherited Heirs Lawyer https://www.valerofirm.com/fort-lauderdale-disinherited-heirs-lawyer/ Fort Lauderdale Disinherited Heirs Lawyer Being cut out of an inheritance is not the same as losing a will contest, and that distinction shapes everything about how a claim proceeds. A Fort Lauderdale disinherited heirs lawyer addresses a specific set of circumstances: a person who had a reasonable ... ### Fort Lauderdale Forged or Fraudulent Deeds Lawyer https://www.valerofirm.com/fort-lauderdale-forged-or-fraudulent-deeds-lawyer/ Fort Lauderdale Forged or Fraudulent Deeds Lawyer Property fraud in Broward County tends to follow recognizable patterns, and local law enforcement has grown increasingly aggressive in pursuing these cases. The Broward County Sheriff's Office and the State Attorney's Office frequently rely on docume... ### Fort Lauderdale Fraud, Duress, or Undue Influence Lawyer https://www.valerofirm.com/fort-lauderdale-fraud-duress-or-undue-influence-lawyer/ Fort Lauderdale Fraud, Duress, or Undue Influence Lawyer Florida courts apply a demanding evidentiary framework when evaluating claims of fraud, duress, or undue influence in probate and contract disputes. Each theory carries its own burden of proof, and the distinctions between them matter enormous... ### Fort Lauderdale Homestead Disputes Lawyer https://www.valerofirm.com/fort-lauderdale-homestead-disputes-lawyer/ Fort Lauderdale Homestead Disputes Lawyer Florida's homestead laws are among the most protective in the country, but that protection comes with layers of complexity that make disputes genuinely difficult to resolve. Property owners, heirs, creditors, and surviving spouses frequently end up on opposi... ### Fort Lauderdale Inter-Family Disputes Lawyer https://www.valerofirm.com/fort-lauderdale-inter-family-disputes-lawyer/ Fort Lauderdale Inter-Family Disputes Lawyer Family disputes that end up in litigation are rarely just about the law. They carry decades of history, strained relationships, and financial stakes that can reshape a family's future. When those disputes spill into probate court, civil court, or both, th... ### Fort Lauderdale Invalid Will or Improper Execution of a Will or Codicil Lawyer https://www.valerofirm.com/fort-lauderdale-invalid-will-or-improper-execution-of-a-will-or-codicil-lawyer/ Fort Lauderdale Invalid Will or Improper Execution of a Will or Codicil Lawyer Florida imposes strict formal requirements on the execution of wills and codicils, and failing to satisfy even one of them can render a testamentary document legally void. For anyone who suspects a will admitted to probat... ### Fort Lauderdale Lack of Capacity Probate Disputes Lawyer https://www.valerofirm.com/fort-lauderdale-lack-of-capacity-probate-disputes-lawyer/ Fort Lauderdale Lack of Capacity Probate Disputes Lawyer Florida law sets a clear threshold for what makes a will legally valid, and testamentary capacity sits at the center of that analysis. Under Florida Statute §732.501, a person must be of "sound mind" at the time they execute a will. In practi... ### Fort Lauderdale Lost Will or Multiple Wills Lawyer https://www.valerofirm.com/fort-lauderdale-lost-will-or-multiple-wills-lawyer/ Fort Lauderdale Lost Will or Multiple Wills Lawyer When a will cannot be located after someone dies, or when two different versions of a will surface simultaneously, the Broward County probate court does not simply pause and wait. Proceedings move forward, and the legal framework that governs these ... ### Fort Lauderdale Personal Representative Disputes Lawyer https://www.valerofirm.com/fort-lauderdale-personal-representative-disputes-lawyer/ Valero Law handles personal representative disputes for Fort Lauderdale clients with experienced counsel and steady, reliable advocacy. Reach Valero Law today. ### Fort Lauderdale Probate and Estate Litigation Lawyer https://www.valerofirm.com/fort-lauderdale-probate-and-estate-litigation-lawyer/ Fort Lauderdale Probate and Estate Litigation Lawyer The attorneys at Valero Law have seen what happens on the defense side of estate disputes, and the picture is rarely simple. Personal representatives accused of mismanaging assets, trustees facing removal actions, adult children alleged to have ex... ### Fort Lauderdale Real Estate Litigation Lawyer https://www.valerofirm.com/fort-lauderdale-real-estate-litigation-lawyer/ Fort Lauderdale Real Estate Litigation Lawyer Real estate disputes in Fort Lauderdale move fast, and the legal machinery behind them is well-established. Whether a title company has flagged a problem with a deed, a neighbor is claiming encroachment along a property line, or a contract has fallen apa... ### Fort Lauderdale Trust Litigation Lawyer https://www.valerofirm.com/fort-lauderdale-trust-litigation-lawyer/ Fort Lauderdale Trust Litigation Lawyer Defending and prosecuting trust disputes has given the attorneys at Valero Law a firsthand view of how quickly these cases can unravel, and how much damage a poorly administered trust can cause before anyone steps in to stop it. Trustees who have quietly redir... ### Fort Lauderdale Will Contests Lawyer https://www.valerofirm.com/fort-lauderdale-will-contests-lawyer/ Fort Lauderdale Will Contests Lawyer Florida Statute § 733.107 places the burden of proof squarely on the person challenging a will, requiring them to establish by a preponderance of the evidence that the document should be invalidated. That might sound straightforward, but in practice, Fort Lauderd... ### Fort Lauderdale Real Estate Fraud Lawyer https://www.valerofirm.com/fort-lauderdale-real-estate-fraud-lawyer/ Fort Lauderdale Real Estate Fraud Lawyer Florida consistently ranks among the top states in the nation for real estate fraud, and Broward County sits at the center of that problem. Deed fraud, title fraud, and mortgage fraud schemes have all been documented in Fort Lauderdale and the surrounding com... ### Coconut Grove Real Estate Litigation Appeals Lawyer https://www.valerofirm.com/coconut-grove-real-estate-litigation-appeals-lawyer/ Valero Law guides Coconut Grove clients through real estate litigation appeals with proven litigation experience and genuine care. Reach Valero Law today. ### Davie Real Estate Litigation Appeals Lawyer https://www.valerofirm.com/davie-real-estate-litigation-appeals-lawyer/ Valero Law supports Davie clients facing real estate litigation appeals with strategic, attentive, and confident legal counsel. Let our Davie team help. ### Fort Lauderdale Real Estate Litigation Appeals Lawyer https://www.valerofirm.com/fort-lauderdale-real-estate-litigation-appeals-lawyer/ For real estate litigation appeals in Fort Lauderdale, Valero Law offers knowledgeable, results-driven, client-focused representation. Contact Valero Law now. ### Miami Real Estate Litigation Appeals Lawyer https://www.valerofirm.com/miami-real-estate-litigation-appeals-lawyer/ Valero Law guides Miami clients through real estate litigation appeals with proven litigation experience and genuine care. Reach our Miami team today. ## Recent Articles ### Final Orders vs. Non-Final Orders: Understanding the Difference https://www.valerofirm.com/final-orders-vs-non-final-orders-understanding-the-difference/ (2026-07-23) If you are unsure whether your order is final or non-final, contact our Miami civil appeals lawyer at Valero Law today. ### What Is Issue Preservation, and Why Is It Critical for Your Appeal? https://www.valerofirm.com/what-is-issue-preservation-and-why-is-it-critical-for-your-appeal/ (2026-07-22) Preserving an issue happens long before you file an appeal. To ensure important issues are properly preserved, contact our Miami appellate lawyer at Valero Law today. ### 5 Mistakes That Can Destroy an Otherwise Strong Appeal in Florida https://www.valerofirm.com/5-mistakes-that-can-destroy-an-otherwise-strong-appeal-in-florida/ (2026-07-16) If you are considering a Florida appeal, contact our Miami civil appeals lawyer at Valero Law today. ### When Due Process Becomes the Winning Issue on Probate Appeal https://www.valerofirm.com/when-due-process-becomes-the-winning-issue-on-probate-appeal/ (2026-07-15) If you believe a Florida probate court entered an order without giving you proper notice or a meaningful opportunity to be heard, we are here to help. Contact our Miami civil appeals lawyer at Valero Law today. ### Can a Bank Foreclose on Property Tied to a Fraudulent Deed? https://www.valerofirm.com/can-a-bank-foreclose-on-property-tied-to-a-fraudulent-deed/ (2026-06-30) If you are facing a foreclosure dispute involving forged deeds, title defects, or questionable transfers, contact our Miami real estate litigation lawyer at Valero Law today. ### Last-Minute Will Changes and Testamentary Capacity in Florida: What Does the Law Say? https://www.valerofirm.com/last-minute-will-changes-and-testamentary-capacity-in-florida-what-does-the-law-say/ (2026-06-29) Speak with an experienced probate attorney to protect your family’s interests. Contact our Miami probate & estate litigation lawyer at Valero Law today. ### Understanding Formal vs. Summary Probate in Florida https://www.valerofirm.com/understanding-formal-vs-summary-probate-in-florida/ (2026-06-26) To ensure a smoother probate administration process and determine the right option for your situation, contact our Miami probate & estate litigation lawyer at Valero Law. ### Common Causes of Real Estate Contract Disputes in Florida https://www.valerofirm.com/common-causes-of-real-estate-contract-disputes-in-florida/ (2026-06-25) If you are in the middle of a real estate dispute and need trusted legal guidance, contact our Miami real estate litigation lawyer at Valero Law today. ### How Unauthorized Property Transfers Create Chain-Of-Title Disputes in Florida https://www.valerofirm.com/how-unauthorized-property-transfers-create-chain-of-title-disputes-in-florida/ (2026-06-11) If you are facing a chain-of-tile legal issue in Florida, contact our Miami real estate litigation lawyer at Valero Law today. ### Who Qualifies as an ‘Interested Person’ in Florida Probate Litigation? Lessons From a 2025 Case https://www.valerofirm.com/who-qualifies-as-an-interested-person-in-florida-probate-litigation-lessons-from-a-2025-case/ (2026-06-10) Contact our Miami probate & estate litigation lawyer at Valero Law today. ## Frequently Asked Questions Q: What happens if I ignore a creditor lawsuit in Miami-Dade County? A: The creditor will move for a clerk's default after 20 days, then seek a default final judgment. That judgment carries the full legal force of any contested judgment, including the ability to garnish wages, levy bank accounts, and place liens on property. There is a process to vacate a default, but it requires showing excusable neglect and a meritorious defense. The further along the case gets, the harder that becomes. Q: Can a debt collector sue me for a debt that's years old? A: It depends on the type of debt and when the clock started. Under Florida Statute Section 95.11, the statute of limitations on a written contract is five years. For open accounts, including credit cards, it is four years. If the limitations period has expired, that is an affirmative defense that can defeat the lawsuit entirely, but it must be raised in your response to the complaint. Q: My wages are already being garnished. Is it too late to do anything? A: Not necessarily. If you qualify as a head of household under Section 222.11, you may be entitled to claim an exemption that stops the garnishment. That claim must be filed promptly after the garnishment begins. There are also situations where the judgment itself may be challengeable on grounds that were not raised at the right time. An attorney can review the judgment and the garnishment process to identify whether any relief is available. Q: What is the difference between a judgment lien and a mortgage? A: A mortgage is a consensual lien created when you voluntarily pledge property as collateral for a loan. A judgment lien arises involuntarily when a creditor records a certified copy of a judgment in the county's official records. Judgment liens attach to non-exempt real property but do not affect homestead property in most cases. Both can affect your ability to sell or refinance. Q: Does filing for bankruptcy stop a creditor lawsuit? A: Yes. The automatic stay under 11 U.S.C. Section 362 halts virtually all collection activity, including pending lawsuits, the moment a bankruptcy petition is filed. However, whether bankruptcy is the right solution depends on the type of debt, your assets, your income, and your long-term financial situation. It is a tool with significant consequences and should be evaluated carefully against other options. Q: Can Valero Law handle my case if the creditor lawsuit involves a business debt? A: Yes. Valero Law handles business litigation, including contract disputes, breach of commercial agreements, and disputes between partners or shareholders. Business creditor claims often overlap with these areas and are handled with the same direct, thorough approach applied to any other civil dispute. Q: How do I know if a trustee or personal representative has actually breached their duty, or if they just made a bad decision? A: That is genuinely one of the harder questions to answer without reviewing the specific facts. The law does not expect fiduciaries to be perfect, and sometimes good-faith decisions lead to poor outcomes. What the law does require is that the fiduciary acted with reasonable care, in the interest of the beneficiaries, without self-dealing. If the personal representative sold estate property to themselves at below-market value, that is a textbook breach. If they sold it at fair market value to a ... Q: What is a surcharge in the probate context, and how does it work? A: A surcharge is a court-ordered remedy that makes a personal representative personally liable for losses they caused to the estate. It is not just about removing them from their role; it is about making the estate whole. If a personal representative dissipated estate assets through mismanagement or self-dealing, a court can require them to pay that amount back out of their own funds. The surcharge process is initiated by petition and usually involves an evidentiary hearing where the conduct in... Q: Can a beneficiary demand an accounting from a trustee without filing a lawsuit? A: Yes. Under Florida's Trust Code, beneficiaries have a right to information about the trust and its administration. A trustee who refuses to provide accountings or withholds financial information is already trending toward a breach of their duty of disclosure. You can formally demand an accounting, and if the trustee does not comply, that refusal itself becomes evidence in subsequent litigation. Filing a lawsuit may eventually be necessary, but the demand process often produces results on its ... Q: What happens if the person who breached their fiduciary duty has already spent the money? A: This is one of the most practical concerns in these cases, and it is a fair one. A judgment is only as valuable as the defendant's ability to pay. That said, Florida courts have mechanisms to trace dissipated assets, and in some cases, third parties who received improperly transferred funds can be required to return them. Acting quickly matters here because dissipated assets are harder to trace and recover the longer the dispute sits unresolved. Getting counsel involved early preserves more o... Q: Do these cases typically go to trial, or do most settle? A: Honestly, most civil litigation settles before trial, and fiduciary duty cases are no different. Mediation is often required in Florida circuit court proceedings, and a meaningful percentage of these disputes resolve at that stage once both sides have had the chance to assess the evidence. That said, some cases do need to go before a judge, particularly when a fiduciary refuses to acknowledge wrongdoing or when the stakes make settlement impractical. At Valero Law, every case is prepared as i... Q: Is there a deadline to bring a breach of fiduciary duty claim in Florida? A: Yes, and missing it can permanently bar your claim. Florida's statute of limitations for breach of fiduciary duty is generally four years, but that clock does not always start running when the breach occurred. In cases involving concealment, the clock may start when the breach was discovered or reasonably should have been discovered. In the probate context, there are additional deadlines tied to the formal notice of administration process. These timelines are strict, and waiting too long, eve... Q: How long does business litigation typically take in Miami-Dade County? A: Honestly, it varies quite a bit depending on how complex the case is, whether the parties are willing to seriously engage in mediation, and how congested the court's docket is at any given time. A straightforward contract dispute with limited discovery might resolve within a year. A multi-party shareholder dispute with extensive financial records, expert witnesses, and significant discovery battles can run two years or longer. What David and the team focus on is moving things forward efficien... Q: Can a business dispute be resolved without going to trial? A: Many are, and that is often the better outcome financially and practically. Florida courts require mediation in most civil cases before trial, and a well-prepared mediation session, where you walk in with strong evidence and a realistic understanding of your exposure, frequently produces results that work for everyone. But the key word there is well-prepared. Cases that settle well at mediation do so because the other side can see that you are ready to try the case if you have to. Q: What is civil theft under Florida law, and how is it different from fraud? A: Civil theft under Florida Statute Section 772.11 is essentially a civil cause of action built on the same conduct as criminal theft, meaning someone took or used your property without permission and with the intent to deprive you of it. Fraud is broader and covers intentional misrepresentation that causes you financial harm. The practical difference that matters most to clients is the damages: civil theft allows for treble damages, meaning you can recover three times your actual losses plus a... Q: What should a business owner do if they receive a lawsuit or a demand letter? A: Call an attorney before responding to anything. The instinct to write back and explain your side of the story is understandable, but what you say in that early stage can be used against you later. Demand letters are sometimes designed to elicit admissions. The same is true of early settlement discussions that happen before counsel is involved. There is no downside to getting a lawyer on the phone first to understand what you are actually dealing with. Q: Does Valero Law handle cases where a former business partner has taken company funds? A: Yes, and these cases move quickly when they need to. If assets are being dissipated, courts have mechanisms to freeze accounts or compel an accounting before funds disappear entirely. The earlier the firm gets involved, the more options exist for preserving what is there. These cases often involve breach of fiduciary duty, civil theft, and sometimes fraud claims all running together, and Valero Law handles that full range of theories. Q: Are there constitutional issues involved in business litigation, or is that only for criminal cases? A: Constitutional issues come up more often in business litigation than most people expect. Fourth Amendment challenges to overbroad discovery, Fifth Amendment concerns when there is parallel civil and criminal exposure, and due process arguments when emergency injunctions are sought without adequate notice, these are all real issues that come up in commercial disputes. Part of building a solid defense is knowing when those arguments apply and how to raise them properly before the court. Q: How is a civil appeal different from asking the trial judge to reconsider a ruling? A: A motion for reconsideration or rehearing goes back to the same judge who made the original ruling. The judge can change the decision, but they're not required to, and in practice many trial judges are reluctant to reverse themselves. An appeal goes to a different court entirely, with a panel of appellate judges reviewing the legal correctness of what the trial court did. These are separate processes, and in many situations you need to file for rehearing first before pursuing an appeal, so th... Q: Can I appeal a settlement agreement I entered into voluntarily? A: Generally, no. A voluntarily entered settlement agreement is a contract, and appellate courts are not well-positioned to unwind contracts that were knowingly signed. There are limited circumstances involving fraud, duress, or mutual mistake where a settlement might be challenged, but those typically go back to the trial court through a motion to vacate rather than through a direct appeal. The stronger your agreement was documented at the time of settlement, the harder it becomes to challenge ... Q: What happens if the other side appeals a judgment I already won? A: You become the appellee, and your job is to defend the trial court's ruling. That's a different posture than being the appellant, and it actually comes with some advantages. The appellant bears the burden of demonstrating error, and appellate courts give deference to the trial court on many factual findings. That said, defending a judgment still requires a carefully written answer brief. A weak defense brief can leave the court with an incomplete picture of why the trial court got it right. Q: Does Valero Law handle appeals in federal court as well as state court? A: The firm's primary appellate focus is on Florida state court appeals, including those handled by the Third District Court of Appeal in Miami-Dade. Federal appeals follow different procedural rules and are handled by the Eleventh Circuit Court of Appeals. If your case involves a federal court judgment, that's something to discuss directly with David so you get an honest answer about whether and how the firm can assist. Q: How long does a civil appeal typically take in Florida? A: It varies considerably. A straightforward appeal on a discrete legal question might be resolved in eight to twelve months. More complex cases involving a voluminous record, multiple issues, or oral argument can extend to eighteen months or longer. The Third District has its own docket and scheduling practices, and cases requiring full briefing plus oral argument take more time than those resolved on the briefs alone. The process is rarely fast, which is one reason it matters to get organized ... Q: Is there any way to stop enforcement of a judgment while an appeal is pending? A: Yes, through what's called a stay pending appeal. Under Florida Rule of Appellate Procedure 9.310, a party can seek an automatic stay by posting a supersedeas bond, which is typically set at the amount of the judgment plus interest and costs. The bond essentially guarantees that if the appeal is unsuccessful, the winning party can collect. Not every situation requires a bond, and there are procedures for seeking a stay without one in certain circumstances, but this is something that needs to ... Q: How long does a creditor have to collect on a civil judgment in Florida? A: Florida civil judgments have a lifespan of twenty years from the date of entry, and they can generally be renewed before expiration. However, certain collection tools, such as garnishments, require separate filings and have their own procedural timelines. Waiting too long to begin collection can allow a debtor to move assets or render them harder to reach, so acting promptly after entry of judgment is important even though the overall collection window is long. --- Detailed version — see https://www.valerofirm.com/llms.txt for summary Generated by MileMark Schema Pro