Fakhimi, Houman

In business since 1980, the firm is engaged in four principal areas of law: probate administration, probate litigation, tax litigation, and commercial litigation. These specific areas of law are discussed below.

Probate administration. At any given time, the firm is involved in the administration in Miami Dade County of a large number of estates. The firm strives to perform the work efficiently, competently, and at a fair and reasonable price.

Probate litigation. The firm is involved in the representation of contestants to wills and trusts throughout the state of Florida and other states.

Tax litigation. The firm represents taxpayers before the Examination, Appeals, and Collection Divisions of the Internal Revenue Service and in U.S. Tax Court.

Commercial litigation. The firm represents policyholders against insurance companies in first party insurance litigation. The firm also engages in general commercial litigation matters in state and federal courts.

Mr. Cohen is licensed to practice in Florida, New Jersey, Illinois, and Maine and handles matters in these states. The firm has a second office in Lawrenceville, New Jersey. Recently, Mr. Cohen has been involved in cases in other states, such as Texas and Nevada, and in these cases has associated himself with local counsel and has obtained permission from local courts to handle those out-of-state matters. Mr. Cohen is a member of the trial bar of the U.S. District Court. Mr. Cohen likewise often associates himself with out-of-state attorneys having cases in southern Florida and has acted as local counsel in a number of actions in state and federal courts brought by out-of-state attorneys.

The four principal areas of law described above often overlap and complement one another. For instance, during the course of a probate administration it may be necessary to bring an action to set aside a conveyance of real property to a third party which was procured through undue influence. Or, during the administration it may be necessary to bring an action against an insurance company to compel the payment of a decedent's homeowner's insurance claim. Or, it may be necessary to defend a merit less claim brought against the estate by a creditor or, on the other hand, to prosecute a bona fide claim brought by a creditor against an estate. Tax issues present within an estate may require negotiation with the Appeals Division of the Internal Revenue Service or litigation in U.S. Tax Court. Or, a decedent with homes in Florida and Maine may become victim to the exercise of undue influence. requiring the initiation of litigation in both states, states in which Mr. Cohen is licensed to practice. The firm's areas of concentration lend themselves well to the efficient handling of these matters.

Mr. Cohen has recognized that in the probate area persons, otherwise law-abiding, many times get involved in very aggressive and fraudulent acts in procuring wills from weak and suggestible testators, with the result of family members and loved ones being unjustly cut out of an inheritance. Mr. Cohen feels strongly that a life-long relationship should not be cut short and dishonored by an unscrupulous, opportunistic person who just happened to be the "last one there." Mr. Cohen has taken on a number of these cases--in Florida and many states throughout the rest of the country--and has successfully set aside testamentary instruments procured while a decedent lacked capacity or as a result of the exercise of undue influence or duress.