West Palm Beach Family Business Dispute Attorney

Do you co-own a company with a brother, a parent, a spouse, or a lifelong friend, and have you reached the point where you can no longer sit in the same room and agree on anything? The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners in West Palm Beach and across Palm Beach County and Broward County, and a West Palm Beach family business dispute attorney is often the person these owners call before the relationship, or the company, is beyond repair.

Family business fights are different from ordinary partnership fights. The money is real, but so is the history. A sibling who feels cut out of decisions, a parent who will not hand over control, an in-law drawing a salary nobody can explain: each of these starts as a family problem and ends as a question of ownership rights, fiduciary duties, and what the operating agreement or shareholder agreement actually says.

The good news is that Florida law gives owners real tools. Courts can order buyouts, appoint custodians, freeze assets, and dissolve a company that has become unworkable. The harder part is picking the right tool before the situation hardens.

Why Choose the Andrew M. Schwartz Legal Team for Family Business Disputes

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s most difficult business and real estate disputes, serving West Palm Beach, Boca Raton, Fort Lauderdale, and the rest of Palm Beach and Broward Counties.

Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has practiced litigation in Florida since then. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts.

The firm works as a true legal team, meaning everyone on your matter knows the file and can answer when you call. There is a strict 24 hour return call policy when attorneys are in court. That matters in family disputes, where emotions run high and clients often need a steady, informed voice more than a flood of motions.

The firm’s results include a 32-page final judgment from the Broward County Circuit Court, issued after a five-day bench trial, awarding a client specific performance of a commercial real estate contract. Cases that turn on the exact wording of an agreement and the history between the parties are the firm’s daily work.

The philosophy is practical. Clients often start out wanting the most aggressive lawyer available. What most actually want is someone who acts as the situation requires, uses finesse when finesse will do, and keeps legal fees in proportion to what is at stake. The firm is experienced in mediation and arbitration as well as courtroom litigation, and looks for the resolution that fits the client’s goals and budget.

Types of Family Business Disputes We Handle

• Sibling Disputes After Inheriting a Company: Brothers and sisters who inherit a business together often have different ideas about salaries, reinvestment, and whether to sell. Without a clear agreement, these fights stall operations and can lead to claims for buyouts or judicial dissolution.
• Parent and Child Succession Conflicts: A founder who will not step back, or an heir who wants to modernize against a parent’s wishes, creates disputes over control, compensation, and who gets to make final decisions.
• Spouse and In-Law Co-Ownership: When spouses or in-laws share ownership and the marriage or family relationship fractures, the business becomes entangled in the personal conflict. Ownership percentages, management roles, and distributions are the usual flashpoints.
• Deadlocked Management: Two 50 percent owners who cannot agree can freeze a company. Florida’s LLC statute lists managers or members being deadlocked, unable to break the deadlock, and facing irreparable injury to the company as a ground for judicial dissolution.
• Missing or Diverted Money: A relative controlling the books may take unexplained draws, pay personal expenses from company accounts, or commingle funds. Remedies include claims for an accounting, breach of fiduciary duty, and recovery of funds.
• Freeze-Outs of Minority Owners: A family member holding a smaller stake may be cut out of information, meetings, and distributions. Breach of fiduciary duty and breach of the operating or shareholder agreement are common claims.
• Buyouts and Valuation Fights: Even when everyone agrees someone should leave, the price is rarely agreed. Disputes over fair value, discounts, and payment terms are some of the most contested issues in family business cases.
• Jointly Owned Real Estate: Family businesses often own the building they operate from, and family members often co-own investment property. When owners disagree, a partition action or title dispute may be part of the case.

What to Do When a Family Business Relationship Breaks Down

Start by getting the documents in one place. That means the operating agreement or shareholder agreement, articles of organization or incorporation, buy-sell provisions, any deadlock sale clause, tax returns, bank statements, and records of capital contributions and distributions. Many family businesses run on handshakes and old drafts, so gather whatever exists, including emails and texts that show how decisions were actually made.

Do not move money, change locks, or cut off a relative’s access on your own. Moves like that often look reasonable in the moment and then become exhibits against you. If you believe funds are being diverted, speak with counsel about emergency relief. Florida courts can issue temporary and permanent injunctions to stop assets from being moved or spent while a case is pending, and the firm regularly seeks early and emergency injunctive relief for clients.

Watch the clock. A claim on a written agreement generally must be filed within five years, while a claim on an oral or implied agreement has four. A fraud claim has four years from discovery, capped at 12 years. A specific performance action has just one year. If your dispute involves an oral family understanding, the shorter period may apply, so do not wait for tempers to cool.

Business cases in Palm Beach County are heard in the Circuit Civil Court of the Fifteenth Judicial Circuit, sitting at the main courthouse in West Palm Beach. County courts hear claims up to a set dollar limit, and larger disputes belong in circuit court. Family business cases typically exceed that limit once ownership, valuation, and fiduciary claims are included. Federal cases, where they arise, are heard by the U.S. District Court for the Southern District of Florida, which holds court in West Palm Beach as well as Fort Lauderdale. If your co-owner or the company’s activity touches Broward County, the Seventeenth Judicial Circuit’s complex business division may come into play for larger business disputes.

Finally, think about the outcome you actually want. Some clients want to stay in the business and fix it. Others want out at a fair price. Some want the company wound down. The right strategy depends on that answer, and a lawyer can tell you which options your agreement and Florida law make available.

Judicial Dissolution, Buyouts, and Other Court Remedies in Florida

When owners cannot resolve a dispute, Florida’s business statutes provide structured remedies. For an LLC, a member or manager can ask the circuit court to dissolve the company on several grounds: activities being conducted unlawfully, it not being reasonably practicable to carry on the business under the articles and operating agreement, controlling members acting or expected to act illegally or fraudulently, assets being misappropriated or wasted to the company’s injury, or a deadlock that cannot be broken and threatens irreparable harm.

Dissolution is not the only outcome. In an LLC dissolution case, the court may appoint a receiver or custodian, after notice and a hearing, or order a purchase of the petitioning member’s interest. If the operating agreement contains a deadlock sale provision and it is initiated before the court finds deadlock grounds, that provision applies in place of a dissolution order.

For corporations, a shareholder can seek judicial dissolution on statutory grounds, including abandonment of the business without a timely liquidation. Once a shareholder files, the corporation must notify the other shareholders within 30 days that they can avoid dissolution by electing to purchase the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase. An election to purchase is irrevocable unless the court finds it equitable to set it aside or modify it. During the case, the court can issue injunctions, appoint a receiver or custodian, and take other steps to preserve corporate assets.

Real estate adds another layer. Florida partition actions are brought in chancery, and the court may divide property or, when division would prejudice the owners, order a public sale with proceeds split according to ownership interests. Family-owned property can also fall under Florida’s Uniform Partition of Heirs Property Act, which applies when property is held as tenants in common, was acquired from a relative, and certain further conditions are met, such as relatives holding 20 percent or more of the interests. In those cases the court must follow a more protective process before ordering a sale. Quiet title actions let an owner clear competing claims, and a plaintiff generally must trace title back at least seven years.

Frequently Asked Questions About Family Business Disputes

What is a family business dispute?

It is a conflict among relatives who own or run a company together. The disagreement may involve control, pay, distributions, succession, missing money, or whether to sell. Legally, these cases are decided on the same grounds as other ownership disputes: the governing agreements, Florida business statutes, and fiduciary duties.

Can I force a family member out of the business?

It depends on your operating agreement or shareholder agreement and on the conduct involved. Many agreements include buyout, expulsion, or dissociation provisions, and Florida law provides court remedies when serious misconduct occurs or the company can no longer function. An attorney can review the documents and explain which options apply.

What if there is no written operating agreement?

Florida’s default statutory rules fill the gap, and courts will look at how the owners actually dealt with each other. Without a written agreement, disputes about ownership percentages and promises can be harder to prove, which is why emails, texts, tax filings, and bank records matter so much.

My relative is taking money from the company. What can I do?

You may have claims for an accounting, breach of fiduciary duty, conversion, and recovery of the funds. In urgent cases, a court can order injunctive relief to stop assets from being moved or spent while the dispute is pending.

Do family business disputes always end up in court?

No. Many are resolved through negotiation, mediation, or arbitration, especially when relatives want to preserve a relationship. The firm has experience in alternative dispute resolution as well as litigation and pursues the path most likely to meet your goals efficiently.

How long do I have to file a lawsuit over a broken business agreement?

For a claim based on a written agreement, five years. For an oral or implied agreement, four years. Fraud claims run four years from discovery, with a 12-year cap. A specific performance action has a one-year period. The right deadline depends on how your claim is framed, so confirm it early.

Can a 50/50 deadlock really lead to the company being dissolved?

Yes, if owners cannot break the deadlock and the company faces irreparable injury, an LLC member or manager can seek judicial dissolution. Courts may also consider alternatives, such as a purchase of one owner’s interest or the appointment of a receiver or custodian.

Will a court hearing be public, and can we keep family matters private?

Court filings are generally public, which is one reason many families prefer mediation or arbitration. When litigation is necessary, careful drafting can keep personal details out of the record where possible, and the firm handles these cases with discretion.

Can I take action if my relative lives out of state?

Yes. Many of the firm’s clients live in New York, New Jersey, or Connecticut and have co-owners or property in South Florida. The firm handles the Florida court proceedings and keeps you informed so you do not need to travel for every hearing.

What happens if the family owns real estate together and we cannot agree on what to do with it?

A co-owner can ask the court for partition, either dividing the property or ordering a sale and splitting the proceeds. If the property was inherited and meets the statutory definition of heirs property, additional protections apply before a sale can be ordered.

Is it worth hiring a lawyer if the business is small?

Often yes. Small family companies frequently hold a family’s main asset or income, and early legal advice can prevent a dispute from escalating. The firm focuses on cost-effective solutions and does not prolong a case for its own sake.

Serving Family Business Owners Across West Palm Beach and Palm Beach County

The firm represents family business owners in West Palm Beach, from the downtown core and Northwood through Flamingo Park, El Cid, and the neighborhoods along Okeechobee Boulevard. We also serve clients in Palm Beach, Lake Worth Beach, Lantana, Boynton Beach, Delray Beach, and Boca Raton, as well as Royal Palm Beach, Wellington, Greenacres, Palm Beach Gardens, Jupiter, Riviera Beach, and North Palm Beach throughout Palm Beach County.

Our work extends into Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, and neighboring communities, and reaches clients across South Florida. We also represent owners who live in New York, New Jersey, and Connecticut but hold a business, investment property, or family stake here, and we welcome referrals from other attorneys whose clients have a Florida dispute.

Talk With a West Palm Beach Family Business Attorney

A dispute among relatives rarely fixes itself, and waiting often gives the other side time to move money, control information, or dig in. If you are weighing a buyout, a dissolution, or an emergency filing, speak with a West Palm Beach family business dispute lawyer who can read your agreements, explain your options under Florida law, and help you decide what outcome is worth pursuing.

Call the Andrew M. Schwartz Legal Team to schedule a consultation. We will listen to the full story, review your documents, and tell you plainly where you stand.