Matthew J. Monaghan
Matthew is a native of Florida and Brevard County and was raised locally on Merritt Island. Matthew has an extensive and diverse education which includes a bachelor's degree in accounting, a master's degree in taxation and a law degree, with honors. Prior to practicing law Matthew acquired his Certified Public Accountant (CPA) license and worked in public and private accounting for several years before entering law school. Matthew's unique background in law, accounting and taxation provide a diverse perspective that is unmatched by most attorneys.
Matthew has been located in the same office in Cocoa since 1998 practicing business law, wills, trusts, probate, real estate and asset protection for the local residents of Brevard County, and for clients nationwide.
As a business attorney, Matthew's business law experience includes structuring and negotiating commercial contracts, mergers, asset and business acquisitions, entity selection and formation for startup businesses, shareholder agreements, non-compete agreements, license agreements, equity and capital transactions, stock options, loans, debt instruments, franchise acquisitions, capital and equipment leases, stock warrants, stock redemptions, stock subscriptions, shareholder buyouts, partnership divisions, business "divorces," shareholder and partner disputes and resolution, partnership agreements, limited liability company regulations and operating agreements, private placement memorandums, line of credit agreements, stock pledge agreements, UCC-1 secured transactions, liens, federal and state income tax analysis and advice, and analysis and advice on state and local tax issues. Matthew also serves as general counsel for a multitude of local businesses who require sound legal advice regarding complex transactions, or who just want to call Matthew from time to time to answer their legal questions.
As an estate planning attorney Matthew represents many local families as their trusted family lawyer. Matthew's estate planning experience includes advising clients and preparing revocable living trusts, wills, powers of attorney, living wills, health care surrogate designations, advance directives, irrevocable trusts, special needs trusts, charitable remainder trusts, irrevocable life insurance trusts, prenuptial agreements and post-marital agreements. Matthew draws upon his background in accounting and taxation to represent wealthy clients in complex estate planning in order to reduce or eliminate federal estate taxes. Matthew is always available to the families he represents to be their first point of contact for any type of family legal emergency or issue. Matthew is also a frequent public speaker on various topics in Wills, Trusts, and Asset Protection.
As a probate and trust administration attorney Matthew represents personal representatives, executors, and trustees in the administration of probate estates and trusts. Matthew has extensive experience in probate court dealing with both simple and complex probate matters involving homestead issues, real estate, small business interests, retirement plans, life insurance, mortgages, jointly owned property, and other complex assets. Matthew often represents out-of-state clients who have family members who have passed in Florida and require Florida legal counsel or ancillary probate administration. Matthew also represents beneficiaries of contested probate estates and trusts to ensure that the estate is administered according to the letter of the law and that the beneficiary receives their inheritance in a timely manner. Finally Matthew is well versed in dealing with family disputes which often arise during the probate process.
As a real estate attorney, Matthew represents business and individuals in residential and commercial real estate purchases and sales, commercial and residential leases, contract drafting and negotiations, landlord-tenant disputes, evictions, deeds, mortgages, lease with purchase option, long-term land leases, homeowners' associations, declarations of covenants and restrictions, easements, rights of way, boundary disputes, real estate development, platting, subdivision, commercial and residential condominium declarations and documentation, Section 1031 Tax Free exchanges, real estate holding companies, real estate partnerships, lady bird deeds, joint ownership deeds and planning for the transfer of real estate to heirs at death.
Finally, as an asset protection attorney, Matthew has extensive experience developing and implementing strategies which fully utilize the protections provided by the laws of Florida; such strategies have included limited partnerships, irrevocable trusts, series limited liability companies, constitutional homestead provisions, certain types of retirement accounts and investment contracts and joint asset ownership.
Areas Of Practice
- Business Law
- Wills, Trusts and Estates
- Trust Administration
- Real Estate Law
- Transactional Law
- Asset Protection
- Mergers & Acquisitions (private companies)
- Florida, 1998
- Florida State University College of Law, Tallahassee, Florida
- J.D. - 1998
- Honors: cum laude
- University of Central Florida, Orlando, Florida
- B.S.B.A. - 1992
- Major: Accounting
- University of Central Florida, Orlando, Florida
- M.S. - 1994
- Major: Taxation
- Trusts 101, National Business Institute
- Brevard County Business and Commercial Law Blog (select entries)
- WMEL AM Radio Talk Show Guest Legal Expert Estate Planning
- National Business Institute Attorney Continuing Education Seminar: Trusts 101 Grantor Trusts
- APPNA Florida Chapter Spring Meeting: Asset Protection Strategies for Physicians
- Heritage Isle Estate and Financial Planning Seminar
Honors And Awards
- Honors Graduate- Florida State University College of Law
Professional Associations And Memberships
- Florida Bar, Real Property, Probate and Trust Law Section, Member