Areas of Practice

Contracts

Drafting and negotiating contracts is a critical part of our practice. Our attorneys have the experience and ability to draft a legally enforceable contract, which limits our clients’ liability and exposure to litigation – all tailored to our clients needs.
The terms and conditions of agreements and contracts, whether a contract for the sale of goods, purchase of real estate, or other types of contracts, are essential to the success of our clients’ goals or to the health of our clients businesses. That is why working with an experienced contract lawyer is so important.
Some of the most common types of contracts we prepare for and negotiate for our clients include:

• Employment agreements;
• Agency agreements;
• Lease agreements;
• Purchase orders;
• Purchase or sale of goods;
• Purchase or sale of real estate;
• Operating agreements for an LLC;
• Partnership or shareholder agreements;
• Nondisclosure agreements;
• International agreements between Brazilian and American companies.

Constructing a contract that clearly and effectively protects our clients’ interests becomes even more complex when you are conducting business internationally. In addition to all of the considerations and possible pitfalls that must be considered when entering into any contract, you will have a host of new issues to consider when establishing a contract between companies and individuals from different countries. Some of the most common issues include regulations relating to international shipping, ensuring compliance with local law and providing a secure means of pursuing payment and otherwise enforcing rights with clients outside U.S. jurisdiction.

Whether you have been presented with a contract and need an experienced contract lawyer to review the document before you sign or you are drafting your own contract, we can help. Do not risk overlooking something that could have a significant impact on your business. Call today to schedule an appointment so that we can learn more about your business and how we may best be able to protect your interests and ensure that your rights are protected.
Our cross-border experience and our Brazilian lawyers allows us to accurately assess the needs of our Brazilian clients doing business internationally and prepare contracts that speak to all aspects of the agreement, whether those issues are likely to arise at home, abroad or in transit.

Family Law

We handle all aspects of matrimonial litigation, child support and custody disputes. Our clients seek personalized and tailored legal representation in matters taking course in the United States and in Brazil. We dedicate the necessary time to listen to our clients’ needs and concerns and always advise our clients on the law applicable to their case and on what would be a realistic and reasonable expectation for each case. We understand how sensitive family matters are and all client information is completely and strictly confidential.
Our attorneys are experienced in Brazilian and American family law. Whether you need assistance with a divorce action, or child custody or support matter, we are ready to listen to your needs and provide the best possible legal representation to you.
The uncontested divorce process in New York is fairly simple and straight forward. However, since international divorces often involve complicated jurisdictional and international law issues, you should consult with or retain an experienced attorney. Also because different states and countries view custody and child support differently, and because of the difficulty in litigating a child custody or support case in a state or country other than your own, it is important that you hire attorneys who understand your needs and can assist you with the peculiarities of your case.

Labor & Employment

From mediation to arbitration to civil rights complaints, our employment attorneys are experienced in advising and representing clients on all facets of employment law. We represent employers on a variety of matters, including: Employment Counsel & Advice; Employment Litigation; Employment Transactional.

Employment Counsel & Advice

• Department of Labor audits, EEOC responses, state payday and unemployment insurance hearings, state discrimination responses, review payroll and exempt status, compliance with federal and state regulations and response preparation to retaliation and harassment
• Counseling employers on the hiring, retention and termination of employees
• Counseling employers on discrimination, harassment, reductions in force, wrongful discharge and whistle-blowing
• Assisting with federal and state wage-and-hour law issues and claims
• Counseling on breach of contract claims, restrictive covenant and tortuous interference claims
• Counseling on employee benefits issues, such as paid time off, COBRA, leaves of absences, and disabilities in the workplace
• Counseling on drug and alcohol testing, background checks and electronic monitoring (e.g., e-mails, voicemails, Internet usage, etc.)

For more information on our Employment Counseling services please visit: Labor and Employment Law Counseling.

Employment Litigation

State and federal laws often intersect at complex points involving administrative procedures and regulations, often leaving employers with several difficulties in fully understanding employment law. To make sure employers have the expertise they need, our attorneys offer employers our employment litigation services. For in-depth descriptions of these services, please contact us.

Employment Transactional

Our attorneys are experienced in reviewing and drafting employment agreements/contracts, severance agreements, employee policies related to termination and discipline, employee handbooks, non-competition agreements and other employment-specific documents.

Immigration

Our attorneys provide family and business focused immigration law services, both to individuals and companies seeking to bring workers to the United States.

Applications to the United States Citizenship and Immigration Service can be complicated, complex and stressful to our clients, but having an experienced immigration attorney to guide you through the process can increase your chances of being approved.

Our attorneys are extremely experienced in immigration law, and we have a history of success in immigration cases and visa applications. Whether you need to renew your green card, apply for American naturalization; change your status; file a VAWA petition or assistance with any other immigration matter, contact us today for a consultation.
Family-Based Immigration Process

Two groups of family based immigrant visa categories, including immediate relatives of U.S. citizens or green-card holders, and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative of U.S. citizens: These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

• IR-1: Spouse of a U.S. Citizen
• IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
• IR-3: Orphan adopted abroad by a U.S. Citizen
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
• IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference: These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters.
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
• Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

Business-Focused Immigration Law Services
Our firm offers reliable legal services in business immigration law, including help with several visa types such as H1-B Visas; O-1 Visas and F-1 Visas.

H1-B Visas
The H1B (Specialty Occupation) visa allows specially qualified non-citizens to work in certain U.S. jobs. General requirements for an H1B visa include:

• An employer-employee relationship with a U.S. company
• Qualification of the position as a specialty occupation
• The position must be related to the applicant’s field of study
• The applicant must be paid the applicable prevailing wage

The process for proving that all qualifications are met is complex, and there are many opportunities for errors that could result in rejection. Some of the most common errors include omitting necessary information from the petition and failure to include sufficient detail in the employer letter. In addition, timing is critical, as the number of H1B visas that may be granted per fiscal year is capped by Congress.

An experienced immigration attorney can assist you in preparing petitions and supporting documents in advance, so that they may be submitted as soon as the new fiscal year’s acceptance period begins. Our attorneys will ensure that your petitions are complete and well-documented and that your letters contain all necessary information.

O-1 Visas
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
• O-3: individuals who are the spouse or children of O-1’s and O-2’s

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Our attorneys are experienced and have been successfully representing our clients’ interests. Contact us today if you feel like you qualify for an O visa.

F-1 Visas
If you would like to study as a full-time student in the United States, you will need a student visa, and we can assist you with the application process. You may enter in the F-1 visa category provided you meet the following criteria:

• You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
• You must be enrolled as a full-time student at the institution
• You must be proficient in English or be enrolled in courses leading to English proficiency
• You must have sufficient funds available for self-support during the entire proposed course of study
• You must maintain a residence abroad, which you have no intention of giving up.

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

Contact us today if you wish to pursue a student visa and our attorneys will provide the best legal advice to your case.
Other USCIS Applications & Domestic Violence Survivors:

If you are a survivor of domestic violence, please contact us to verify whether you may qualify for a U-1 visa or a green-card based on The Violence Against Women Act (VAWA). Our experienced attorneys will ask questions about your case in order to provide you with the best legal options to you.

U-1 Visas
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

You may be eligible for a U nonimmigrant visa if:

• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States.

VAWA Petitions
As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).

The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.

The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about filing for immigration status.

Those Eligible to File

• Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
• Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
• Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a Spouse

• Qualifying spousal relationship: You are married to a U.S. citizen or permanent resident abuser or your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse: You have been abused by your U.S. citizen or permanent resident spouse, or your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character.

Eligibility Requirements for a Child

• Qualifying parent/child relationship: You are the child of a U.S. citizen or permanent resident abuser, or you are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.
• You have resided with your abusive parent.
• You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.

Eligibility Requirements for a Parent

• Qualifying parent/son or daughter relationship: You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or you are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or you are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.
• You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.
• You have resided with the abusive son or daughter.
• You are a person of good moral character.

Medical Malpractice

A wide variety of instances and actions can constitute medical malpractice in New York. These errors can occur when doctors or other employees make diagnostic errors or simply fail to provide reasonable care for their patient.

Examples of medical negligence that our firm has helped our clients receive compensation for include:

• Prescription Drug Errors
• Failure to Diagnose
• Surgical Procedure Errors
• Lack of Proper Consent for a Procedure
• Improper Diagnosis
• Operating on the Wrong Site
• Unnecessary Treatment
• Abandonment

Nearly any person that was involved with the negligent care that you received can be held liable for the pain and suffering they have caused. Not strictly limited to just doctors, a claim of medical malpractice can be brought against:

• Nurses
• X-Ray Technicians
• Chiropractors
• Dentists
• Dental Assistants
• Cosmetic Surgeons
• Radiologists
• Anesthesiologists
• The Entire Hospital as a Whole Entity

Seek the service of our malpractice attorneys today if you believe that the actions your health care provider took was the causation of your injury. It should be noted that there is a statute of limitations in New York that dictates how long you have after the reasonable discovery of your injury to file a claim. Our personable attorneys can go over all these details with you and determine the best course of action for you to receive a full recovery for your injury or loss.

While the majority of the time doctors and hospitals don’t make mistakes, a small number of cases arise where a medical professional is at fault for patient injury or death. Medical malpractice occurs when a health care professional causes harm from failure to provide proper treatment. There are many types of medical malpractice, from surgical mistakes to incorrect prescriptions, but some errors occur more than others.

It’s an important part of a doctor’s duties to listen carefully to a patient’s symptoms and make an accurate diagnosis. Unfortunately, doctors sometimes distractedly or carelessly misdiagnose patients. In other cases, a doctor may delay a diagnosis without plausible reason, preventing the patient from seeking treatment in a timely manner. Both of these diagnosis mistakes can lead to a health issue worsening. While it’s not criminal to make an honest error in judgment during a patient diagnosis, it is a form of medical malpractice to misdiagnose or delay diagnosis due to doctor negligence. Proving medical malpractice via diagnosis error depends on evidence – often in the form of key witness testimony – that a reasonably prudent and skilled doctor would have handled the case differently in the same situation.

Medication error is a common cause of medical malpractice, especially in patients taking multiple prescription drugs at the same time. A negligent doctor may fail to check a patient’s current drugs before writing a prescription, leading to an adverse reaction. Adverse drug events are the most common type of inpatient error in hospitals. More common than an adverse drug event, however, are errors made in drug dosages. When a patient accidently receives too much or too little of a drug, the outcome can be fatal. A negligent doctor may write an incorrect dosage, a nurse might administer the wrong amount, or medical equipment that automatically administers the drug may malfunction. In some cases, misdiagnosis and medication errors go hand-in-hand. This is the case if the doctor prescribes a drug to treat a condition the patient doesn’t have or if the patient doesn’t receive medication for a condition he or she does have.

Some of the most serious types of medical malpractice are errors surgeons and staff make in the operating room. Surgeries are dangerous procedures by nature, but surgical errors go beyond a patient’s reasonable assumption of risk. A surgical error might be operating on the wrong person, making an incision on the wrong part of the body, or leaving a surgical tool inside the body cavity. An anesthesiologist also may be to blame for errors during surgery, such as failing to monitor a patient’s vital signs or delivering too much anesthesia.
Less dramatic errors that still have great potential for damage are those relating to lack of communication with patients and family members. A surgeon may fail to explain the potential risks of a surgery to family members during pre-op care, for example. In other cases, a nurse might improperly care for a patient’s post-op needs, leading to harmful infections and preventable complications.

Birth injury is a type of medical malpractice that occurs before, during, or after childbirth. Physicians and obstetricians can cause a variety of injuries to infants during birth due to negligence or carelessness. Examples include improperly monitoring fetal vital signs during childbirth, misusing birth-assisting tools such as forceps, and failing to schedule a cesarean section when necessary. Birth injuries can follow a child the rest of his or her life, causing damaging brain injuries, disorders, and syndromes.

Over the past decade our firm has helped victims seek full recoveries due to medical malpractice injuries. Please call or contact us today if you or a family member has been the victim of a medical malpractice, personal injury or wrongful death case, please contact our office in order to receive the proper legal assistance. You will not have to make any advanced payment to our firm because we will give you the opportunity to pay for our legal fees after the resolution of your matter. We have experienced trial attorneys who are going to aggressively litigate your case.

Personal Injury & Wrongful Death

Personal Injury
Our law firm focuses on handling serious injury cases including burn injuries, loss of limb injuries, brain damage, and other catastrophic injury cases.

Our experience handling these cases help us to maximize the recovery for those who have been seriously harmed by the negligence of others.

In the aftermath of a severe accident, victims are often left with serious injuries, which can impact their way of life for years to come. Such incidents usually happen at a moment’s notice and catch the unsuspecting victim by complete surprise. Victims who suffer serious injuries as the result of the negligent actions of another endure incredible physical and emotional pain. This pain and suffering places an immeasurable emotional burden on the family of the victim as well. If you or a loved one has been stricken with a serious injury, contact us to receive personalized legal representation.

When others engage in careless or negligent conduct, they place the health and well-being of innocent bystanders at risk. Our law firm has helped countless clients who have suffered serious injury in the following accident types:

• Train Accidents
• Truck Accidents
• Construction Accidents
• Negligent Security
• Nursing Home Abuse
• Medical Malpractice
• FELA Railroad Accidents

No matter the source of your or a loved one’s injury, our law firm will passionately pursue the justice you deserve. Personal injury accidents are serious legal matters that require expert legal consultation from a caring, courageous and committed attorney. When you are faced with the turmoil and expensive problems that are generated by personal injury accidents, call us. We stand ready to provide expert legal representation to you. We pledge to provide the important benefits of large-firm sophistication and experience in a small-firm atmosphere for each client we represent.

At Viana Law Firm P.C., you receive personal attention and responsiveness from people that are approachable and energetic. What sets our firm apart from others is our reputation for excellence and our dedicated ability to maximize the value of each case. We have high standards and aggressively strive for results that are reliable and consistently above those of attorneys that are just after a quick settlement. We are the elite firm that offer excellent legal service to the Brazilian community in the United States. As a client-focused firm, we carefully hand-pick each case so we are able to leverage our resources to your best advantage.
No case is too large or complex to us. Wrongful deaths or serious accidents that involve automobiles, buses, trucks, or trains are life changing events for our clients. Our job is to ensure the best possible outcome for each client, especially when negligence is a factor. We practice law with tenacity and integrity, for every client, and are proud of our legal track record.

Wrongful Death
A wrongful death happens when someone loses their life as a result of the negligence or reckless act of a company or an individual. If you have lost a loved one in a wrongful death accident, we know this is a difficult time.

The death of a loved one can be one of the hardest things to go through in life. When this unexpected death comes as the result of the negligent actions of another person, then it can be all the more difficult to understand. Emotions often run high and families typically do not know where to turn for help. It is in trying times such as these that you will need expert wrongful death attorneys on your side, representing your family’s best wishes. Contact us today, if you have lost a loved one due to the negligence of another person.

By definition, when a person’s life is cut short by the negligence of another then they are said to have suffered a wrongful death. The surviving family members of the deceased have a legal right to pursue a wrongful death claim against the party responsible. While each person in the family can pursue their own individual claim, typically the family as a whole is represented by a single wrongful death attorney. Families seeking a wrongful death claim can seek compensation for (1) medical expenses of the deceased; (2) burial or funeral costs; (3) loss of benefits; (4) lost wages or future gains; (5) emotional pain and suffering, and other damages.

Establishing a value on medical bills and lost wages is a fairly straightforward calculation; determining the amount of compensation for the loss of love, leadership, and emotional support is an entirely different situation. Many other firms shy away from high profile cases, such as wrongful death cases, because of the emotions that the clients bring to the table with them. Our compassionate wrongful death attorneys will fervently pursue the justice that your family deserves after a loved one is taken from you. We will also protect you from the insurance companies and their insurance claims. We don’t back down from any case, any time and will work towards a maximum recovery for your loss.

We have successfully represented clients who were injured or lost a loved one in some of the following accident types:

• Automobile Accidents
• Train Accidents
• Medical Malpractice
• Defective Products
• Negligent Security
• Construction Accidents

Penal Law

If you have been arrested, it is imperative that you retain the representation of a New York criminal defense attorney. With her experience in New York’s criminal justice system, you can be confident in Ms. Viana’s ability to provide you with the highly skilled legal counsel you need when you’re confronting your criminal allegations. When you choose Viana Law Firm. P.C., we will represent you and fight to ensure that you will get a fair and reasonable resolution to your criminal case. We use the most recent developments in case law to provide a cutting-edge legal defense. An arrest is lawful only if police conformed to certain procedures that, if not followed, might make a big difference in your criminal defense. We will also examine your case from all sides, evaluating the prosecution’s odds of proving guilt beyond a reasonable doubt. We bring over a decade of experience to criminal defense strategy and we represent clients of all types and backgrounds, and in small to high-profile cases.

The crossover between criminal law and immigration is one of the most complex and technical areas of law. Viana Law Firm P.C. is recognized by the Brazilian community in New York as a national leader in criminal immigration law and immigration consequences of crimes. We provide critical support to other New York immigration attorneys and criminal defenders through analysis, technical assistance, and developing and disseminating best practices.

Call us today for a consultation. Our attorneys are experienced criminal practitioners with expertise in defending criminal complaints for shoplifting, assault, unlawful possession of marijuana, harassment, embezzlement, theft, public urination, and other crimes and misdemeanors.

Prenuptial Agreements

Michelle Viana is an attorney who works in the areas of collaborative divorce, divorce mediation, divorce negotiation, prenuptial agreements and postnuptial agreements.

Marriage is not only a romantic relationship, but also a sort of business relationship. This dual nature and purpose of marriage has led to the increased acknowledgment that a prenuptial agreement (also called a premarital agreement or prenup, for short) can be useful to protect each spouse’s financial interests.

Pre-nuptial agreements are becoming more and more popular today in New York and across the country. In 20 years the number of prenups has increased by 500%. This makes sense with the national divorce rate at over 60%, people entering marriage having more property to protect and the fact that divorce law is murky at best. Prenups allow couples to retain control of what will happen to their assets, liabilities, professional licenses, businesses, homes, gifts and inheritances for example.

There are certain rules that must be followed in order to bulletproof your pre-nuptial agreement: (1) You and your fiancée will need separate and independent counsel. Both sides need to be represented to ensure that each of your rights are being protected; (2) Full financial disclosure of all assets and liabilities of each party must be made. If you don’t know what your partner truly has or owes, then you can’t make an educated decision; (3) The prenuptial agreement should be completed at least 30 days before the wedding ceremony; (4) Must follow all the formalities required by law. The law requires that the prenuptial agreement be in writing, signed by both parties and acknowledged in front of a Notary Public; (5) The prenuptial agreement can not be unconscionable or unreasonable. These are abstract concepts and require the expertise of an attorney.

Real Estate

Before purchasing a foreign property, it is vital that buyers retain a knowledgeable attorney who can ensure they follow the local laws, minimize taxes and take clear title. When looking to buy in a foreign market, it is important to retain the services of an experienced real estate lawyer who can complete a hassle-free purchase despite potentially tricky exchange rates and specific rules for foreign investors.
Because most of our clients are from Brazil, Portugal, Italy and Spain, we have specialized in international real estate law tailored to foreigners and can advise you on the specificities of the local law applicable to the purchase or sale of property to a foreign citizen.
Our clients receive a range of real estate and corporate services from our office, saving them time and money while unifying the entire process. We provide representation in both commercial and residential real estate investment matters, including:

• Purchase and Sale contract negotiation, preparation, and review
• Title examination and insurance
• Representation at real estate and business acquisition closings
• Preparation of seller financing documents, lease-purchase agreements, and other real estate conveyance documents
• Commercial and residential lease negotiation and preparation
• FIRPTA counseling and representation
• Formation of Limited Liability Companies (LLCs) and other entities to purchase real estate
• IRC Section 1031 tax-deferred exchanges (including Qualified Intermediary services)
• Loss mitigation services (including negotiation of short sales, loan modifications, and deed in lieu of foreclosure)

FIRPTA is a federal law requiring closing agents to currently withhold 15 percent of the gross sale price when U.S. real property is sold by a foreign owner. This is to ensure that a capital gains tax (the tax relating to the profit made on the overall buy/sell transaction) is paid when real property is sold in the United States by foreign owners. Although the capital gains tax is ultimately based on the profit made on the sale, FIRPTA requires a withholding of 15 percent of the gross sale price to be paid, regardless of the profit (or loss) to the seller. If it turns out that this 15 percent is an overpayment, the foreign investor must wait until the end of the calendar year and file for a refund with the Internal Revenue Service (IRS).

There are a number of exceptions available for a number of circumstances, including, for example, the non-recognition transfers where there is no recognition of a gain or loss on the transfer because of a non-recognition provision in the Internal Revenue Code or a provision in a U.S. tax treaty.

If there is no applicable exception, we can request a withholding certificate on your behalf. The amount that must be withheld due to FIRPTA rules can be reduced or eliminated pursuant to a withholding certificate issued by the IRS. A withholding certificate may be issued when the seller has no gain or less than 15% gain, or where the withholding of the reduced amount would not hinder collection of the tax.
With a wealth of experience handling foreign investments in New York real estate, we have a thorough understanding of FIRPTA rules, including the exceptions, exemptions and withholding certificates that can help you avoid or mitigate the taxes associated with FIRPTA .
Contact us today whether you are a purchasing a new apartment or selling your current one, we can assist you. At Viana Law Firm P.C. you will find seasoned attorneys with experience in real estate closing transactions and will explain all the details of New York real estate law to you in your native language.

Last Will & Testaments

If you are in the process of planning for your future, call us today to speak to Ms. Viana in order to ensure that your assets and belongings are divided according to your wishes. Attorney Michelle Viana will assist you by ensuring that you are abiding the legal requirements necessary for drafting effective estate-planning documents.

Some of the other ways we may be able to help you include:

• Guaranteeing that your assets and property gets distributed according to your wishes
• Ensuring that you are in control of your estate
• Designing a thorough estate planning plan tailored to your needs
• Helping you draft your estate planning documents according to the requirements and legal regulations of the state you live in
• Explaining the importance of a will power of attorney
• Helping you safeguard the future of your estate
• Offering helpful advice regarding ways to reduce your probate fees
• Helping you organize your estate plan to lessen your taxes
• Ensuring that your property is allocated to your beneficiaries
• Helping you protect your assets

We can assist you in drafting several estate planning documents including but not limited to the following:

• Living will
• Probate will
• Living Trust
• Codicil to will
• Power of Attorney

Contact us today if you need assistance and we will advise you in connection with your personal needs and wishes.

Probate & Administration Proceedings

Our probate & estate administration attorneys handle succession issues and can help you navigate court processes, payment of the deceased person’s debts, distribution of property according to the will or estate plan, and probate litigation.
We are familiar with the applicable Brazilian and New York intestacy laws and can advise you in connection with your case and on the implications of both laws. We may also assist you to probate a Last Will and Testament or to file an administration or ancillary proceeding with The New York Surrogate’s Court.

At Viana Law Firm P.C. we focus on issues associated with wills, disputes and the process of distributing a deceased person’s property. This process is generally known as probate or “probating a will”. Listing assets and property is just the beginning of proper probate proceeding. Our attorneys are prepared to help our clients navigate needs associated with each beneficiaries, IRA, life insurance policy and more. In some cases, probate process can be complicated. There may be a host of legal and tax issues that need to be addressed by a licensed professional familiar will the wills law in New York State (and in some cases the laws of Brazil).

Contact us today and we will take you step-by-step throughout the entire probate or administration process and advise you in connection with your case.