Legal Services

Joseph C. Kempe, J.D., LL.M., B.S.

JCKempe.com

Joseph C. Kempe, Esq., is the sole shareholder of the Firm. Though a general practice Firm, Mr. Kempe's practice is centered on complex estate and business planning. He is double board certified in wills, trusts, and estates and tax law under Florida's Certification program of specialists. He has held those designations since 1989. He is also rated a preeminent attorney under Martindale Hubbell's directory of tax law and estate planning attorneys and is rated within Super Lawyers. The Firm's representative clients include retired Fortune 500 executives, political leaders and their families, entertainers and athletes, international businessmen and women, numerous charities and private foundations, and various multistate businesses.

Bar/Professional Activity: ABA Probate and Trust Section Vice Chair, Family Businesses , 1995-2000;  Florida Tax Law Certification Committee, Member, 1993-1999; Chair, Florida Bar Tax Section, Estate and Gift Tax Committee, 1993-1997; Faculty Member, Practicing Law Institute, 1993-1997.

Scholarly Lectures and Writings:  Author, the following Internal Revenue Service private letter rulings of first impression on reverse Qualified Personal Residence Trusts (“ Reverse QPRTs”): PLR 200935004, PLR 200935005, PLR 200904023, PLR 200904022, PLR 200920033, PLR 200901019, PLR 200848007, PLR 200814011, PLR 200816025, and PLR 200848008; Author, the following Internal Revenue Service private letter ruling of first impression involving a multi-trust merger and consolidation that enhances its’ generation skipping tax exempt status with trust corpus subject to differing perpetuities periods: PLR 200804014; Author, Chapter 27: Entity Freezes and Family Limited Partnerships, Estate and Financial Planning; Clark Boardman Callaghan (Koran, ed.), 1997; Lecturer, Solving Pre and Post Mortem Problems with Family Partnerships, Florida Bar Continuing Education, 1996; Lecturer, Devaluing the Estate Through Lifetime Transfers, 27th Annual Estate Planning Institute, Practicing Law Institute, 1996; Lecturer, Post Mortem Tax Planning, 25th And 26th Annual Estate Planning Institute; Practicing Law Institute, 1995; Lecturer, Using Family Partnerships to Achieve Estate Planning Objectives, Florida Bar/Trust Officer Liason Conference, 1995; Author, Thawing the Estate Freeze: Code 2036(c) through Chapter 14, ABA Probate and Trust Law, 1994; Author, Designating Trusts as Beneficiaries of Retirement Plans, The Florida Bar Journal, 1993; Lecturer, Estate Planning Using Family Limited Partnerships, Florida Bar, Tax Section, 1993; Recent Estate Tax and Trust Law Developments, Florida Bankers Association, 1990; Lecturer, Using Business Plans to Raise Money- Securities Laws Pitfalls for the Unwary, National Association Of Accountants, 1989; Using the Florida Limited Liability Company to Avoid the Liquidation Reincorporation Doctrine, Palm Beach County Bar Journal, 1985; Lecturer, Corporate Manuevers: Reorganizations, Tax and Securities Laws Issues of Corporate Reorganizations, Palm Beach County Bar Association, 1985.

Educational Background: Post Doctorate Studies on International Tax and Offshore Financial Centers, Summa Cum Laude, St. Thomas University, 2000; Post Doctorate LL.M in Tax Law, University of Miami, 1983; JD, Cumberland School of Law, Samford University, 1982.

Mr. Kempe received Congressional appointments to both the U.S. Military Academy at West Point and the U.S. Naval Academy at Annapolis in 1975, but declined them to accept a full football scholarship to the University of Miami.

Community Involvement: A member of the Board of Directors of the Jupiter Medical Center Foundation since 1988, Mr. Kempe has been active in non-profit and community service. As sports were an integral part of his upbringing, he is an active sponsor of various local athletic teams and events, particularly those in which his four children participate. His oldest son, Conner, presently attends Dartmouth College and is a quarterback, where he earned the starting job on this Varsity team as a freshman against Cornell. He was honored by receiving the Ivy League Player of the Week Award in that game. His older daughter, Kirby Catherine, is attending Rice University on Trustee Distinguished and Century Scholar scholarships, and is the recipient of a Century Scholar Undergraduate Research Mentorship in the field of Embryonic. She recently interned with The Scripts Research Institute in the Neuroscience Department/Dr. Don Davis Lab.  Mr. Kempe and his wife, Tami, have resided on the Treasure Coast since 1983 and he has resided in South Florida since 1957.

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SuperLawyers


David C. Tassell, J.D., BA

David C. Tassell

Mr. Tassell joined the Firm from Brookmyer, Hochman, Probst & Tassell, P.A., a Palm Beach Gardens firm, where he was a shareholder. Mr. Tassell maintains a practice focusing in the areas of real estate, both residential and commercial, condominium development, the acquisition and sale of businesses, negotiation and preparation of contracts, and counseling clients concerning various business issues, including the areas of employment, shareholder relations, entity formation, and finance. Mr. Tassell is also a title agent for Attorney's Title Insurance Fund, Inc. and Chicago Title Insurance Company.

Mr. Tassell has served as Vice President and General Counsel for Schaaf Development Group, Inc., where he was involved with real estate development and condominium work, while also overseeing its business and other legal affairs. His business and legal oversight involved Indian Creek Golf Course, multiple commercial real estate projects, various family trusts, and Bizjet, Inc., a fixed base operation at the Palm Beach International Airport. Prior to representing Schaaf Development Group, Inc., Mr. Tassell was with the national law firm Nixon Hargrave Devans & Doyle, where he and Mr. Kempe were both associated in the mid-1980s.

Mr. Tassell received a Bachelors of Administration in Economics, with Honors, from Wake Forest University in 1979. He obtained his Juris Doctor, with Honors, from the University of Miami School of Law in 1983.

Mr. Tassell will assist in serving the business, real estate, and transactional needs of the Firm's clients.

Mr. Tassell has a daughter attending Wake Forest University, another daughter at Brown University who is on the Varsity Dive Team, and a son who is currently in high school. David carries a 3 handicap for you golfers.

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Marni Ritchie Poncy, Esq.Katherine A. Barski

Our Bioethics and Health Care Advocacy department offers representation to families, hospitals, trust companies, assisted living facilities, and physicians concerning the legal consequences of health care and end of life decisions. These bioethical decisions have become fraught with legal consequence and conflict, and we have found that  legal and medical guidance is often required and very welcome by our clients, their families, their physicians, and health care institutions.  At its very basic level, it furthers our ability to help our clients deal with advance directives concerning their health care, assisted living arrangements, and end of life decisions.  Most importantly, legal counsel on these subjects secures the clear wishes of our clients and avoids family conflict and potential litigation between family members and health care providers. 

Mrs. Poncy is a registered nurse as well as a member of the Florida Bar. She is an Adjunct Professor at Palm Beach State College and a visiting lecturer at the University of Miami.  She served from 2002-2009 as the supervising attorney of the Bioethics Law Project, of Palm Beach County, and is the recipient of numerous grants concerning her area of bioethical (legal consequence of health care decision) studies.  She is or has been a member of the following committees: State Attorney’s Task Force for Crimes against the Elderly, Treasure Coast Health Council Board, Ethics Committees of Hospice of Palm Beach County, Hospice by the Sea, and St. Mary’s Hospital, as well as others. She also served as the Director of Palm Beach Gardens Medical Center High-Risk Pregnancy Program and has received numerous awards, including the Hero in Medicine Award of Palm Beach County (2008), the Guardian Ad Litem Pro Bon Award (2003), and the Franklin Delano Roosevelt Humanitarian Award. 

Papers and Presentations: The Importance of Advance Directive Health Care Planning; Medical/Legal Issues in End of Life Care; The Physician Mandate for Patient Advance Directive Discussion and Documentation after Terri Schiavo;  Ethical and Legal Issues Surrounding Baker Acting an Alzheimer’s Patient; Discharge Planning and Advance Directives with the Post-Stroke Patient;  The Value of the Nurse in Advance Directive Care Planning;  The Role of the Guardian in End of Life Care; The Role of Clergy in Advocating for Advance Directive Planning; The Law and Do Not Resuscitate Orders, and many others.

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Charles R. L. White, Esq.

Charles R. L. White

Mr. White has practiced law in Jupiter, Florida since 1975, and developed a successful general practice, which includes the law of wills, trusts, estate planning and administration, and elder care; real property law and title insurance; general business and entity law; and litigation.

Mr. White is a graduate of the University of North Carolina at Chapel Hill, with a B.S degree in Business Administration. He was also awarded a Law degree from UNC in 1964. Prior to moving to Jupiter, Florida, Mr. White practiced law in New York City for 11 years. Before attending UNC, Mr. White served for four years in the United States Air Force.

Mr. White's many representative clients have included Burt Reynold's Dinner Theatre, Palm Beach-Martin County Medical Center, Inc., (now the Jupiter Medical Center), Burt Reynold's Institute For Theatre Training, Inc., Palm Beach County Cultural Council, Inc., Caldwell Theatre, Inc., of Boca Raton, and various local businesses and restaurants.

An avid golfer, Mr. White is an active member of the Turtle Creek Club. He lives in Tequesta with his wife, Susan. Mr. White has three children: Christina, Danny, and Mike.

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C. Murphy Cray, Esq.

C. Murphy Cray

Mr. Cray joined the Firm with both legal and financial experience, having worked with Salomon Smith Barney as a Sales Assistant prior to attending law school. His father, Charlie, retired as a Senior Vice President of Salomon Smith Barney, and predecessor investment firms, dating back well over 45 years ago. Mr. Cray is a graduate of the University of Florida School of Law. After law school he obtained an LL.M. degree from the University of Miami School of Law in Estate Planning. He also obtained a BBA degree from the University of Miami School of Business with double majors in Finance and Legal Studies. He is a graduate of the Benjamin School in North Palm Beach, Florida. Mr. Cray is a member of our Estate Planning and Estate Administration Departments.

 

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John L. Avery, Jr. Esq.

John Avery

Mr. Avery joined us in the Spring of 2009 to head our Litigation Department and as a member of our Business Counsel Department. John is known as an aggressive litigator that gets to the point early in a case.

Mr. Avery graduated the University of Florida in 1966 with a B.A. degree. He was also awarded a Law degree from UF in 1970. He was admitted into the U.S. District Court in 1972. Mr. Avery was a criminal prosecutor for Palm Beach County in the 1970s, but pursued a civil litigation career. His areas of trial experience involve construction law, family law, real estate and condominium law, probate, and personal injury. Mr. Avery was a Judge Ad Litem for the Town of Jupiter, and was a Member of the Law Offices of  Brennan, Brown & Avery. He has numerous reported appellate cases. Mr. Avery serves the Legal Aid Society, is the Past President of the Jupiter/Tequesta Rotary Club, has been a Member of the Board of Directors of the Jupiter Medical Center Foundation, and is President of the Board of Directors of the Guatemala Tomorrow Fund.

Reported Cases:

  • Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295 (Fla. App. 4 Dist., December 26, 2002)
  • Silverman v. Gockman, 714 So. 2d 671 (Fla. App. 4 Dist., August 5, 1998)
  • Boyhan v. Maguire, 693 So. 2d 659 (Fla. App 4 Dist., May 7, 1997)
  • Dehaven v. Gordon, 659 So. 2d 1315 (Fla. App. 4 Dist., September 6, 1995)
  • Moritz v. Hoyt Enterprises, Inc., 604 So. 2 807 (Fla July 23, 1992)
  • Woodard Tire Co., Inc. v. Hartley Realty, Inc., 596 So. 2d 1114 (Fla App. 3 Dist., March 10, 1992)
  • Andalora v. Lindenberger, 576 So. 2d 354 (Fla App. 4 Dist. March 6, 1991)
  • Peterson v. Griffin, 566 So. 2d 335 (Fla App. 4 Dist., August 29, 1990)
  • Gibbons v. Gibbons, 560 So. 2d 392 (Fla. App. 4Dist., May 2, 1990)
  • Ocean Trail Unit Owners Assoc., v. Levy, 489 So. 2d 103 (Fla App. 4 Dist., 1986)
  • Kenneth Richardson, et al., v. Jupiter Bay Condominium Association, Inc., Case No. 02-4353 (Scheuerman/Summary Final Order / July 3, 2002)

Martindale Hubbell Information

Certified Wills, Trusts, Estates Certified, Tax Law The Bar Of Lawyers Super Lawyers

Contact Our Offices at:

Jupiter, FL: 561-747-7300       Stuart, FL: 772-223-0700       Toll Free: 800-747-3113

Jupiter  ::  Palm Beach Gardens  ::  Stuart  ::  Tequesta  ::  Hobe Sound  ::  Vero Beach

The content of this site is general and should not be relied upon without review of your specific circumstances by competent legal counsel. Reliance on the information herein is at your own risk, as it expresses no opinion by the firm on your specific circumstances or legal needs. An attorney client relationship is not created through the information provided herein. This site and its content is meant to alert you to legal services, issues, and planning measures that may be appropriate for you, and is not a substitute for an attorney client relationship where specific advice is provided. Calculations and exemption amounts illustrated are changing and should be considered inaccurate and only examples of results that may be achieved.