Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • 5 Most Common Mistakes in Estate Planning

    5 Most Common Mistakes in Estate Planning

    Estate planning is a necessary part of every individual’s life. It is the process of arranging for how the estate will be managed once an individual passes away and should be taken care of before an individual becomes ill or incapacitated.

    One’s estate not only includes their property, but also all assets, legal rights, and net worth. If estate planning is not properly fulfilled during one’s lifetime, the remaining family members may struggle to settle the estate after their loved one passes away.

    5 Most Common Estate Planning Mistakes

    The following are common mistakes that occur during estate planning that should be avoided.

    # 1 Having No Plan

    First and foremost, failing to complete an estate plan is a very common issue, specifically with younger people. Individuals tend to allow the busyness of life and other responsibilities override the need to plan their estate, or they simply don’t believe it will impact them.

    Unfortunately, when accidents occur, or loved ones are lost to illness, an unplanned estate risks the financial future of the estate, as well as the family’s ability to manage the estate. To avoid this, simply begin to create your estate plan sooner rather than later. It is also important to update your estate plan every five years or as major changes in assets or life occur.

    #2 Failing to Name Beneficiaries

    A second common mistake in estate planning is failing to name a beneficiary. If a beneficiary is not listed, the deceased’s accounts become part of the probate estate. When this occurs, it is difficult for family members to gain access to any funds or items listed in the estate.

    Similarly, failing to name a contingent beneficiary may raise issues. If the primary beneficiary passes away before the estate owner, and there is no contingent beneficiary listed after the owner passes, the funds will again become part of the probate estate. Simply list at least two beneficiaries in order of who should inherit the estate. This ensures the estate will be passed on with minimal legal issues.

    #3 Failing to Specify Arrangements

    Another mistake in estate planning involves not detailing one’s wishes for final arrangements. By omitting these wishes, the family of the deceased becomes responsible for making hospice care, funeral, and burial decisions.

    Be sure to include these wishes (and wishes for end-of-life care) in the estate planning documents. This will ensure all wishes are honored after the owner passes, while also lessening the stress placed on loved ones.

    #4 Leaving the Estate Plan Inaccessible

    Since the estate plan is an important legal document, it can be tempting to store the document in a secured area, such as a lockbox, safe, or bank safety deposit box to ensure that it remains safe.

    However, family members will not know where to find, or how to access the estate plan documents. Be sure to discuss its location with family members so they are able to access it, when needed, without stress or complications. If the document is protected by a combination lock, consider making some arrangement so the necessary people have access to this secure location.

    #5 Failing to Plan for Minor Children’s’ Care

    Unfortunately, there are cases where parents die unexpectedly, and their children are left without a guardian listed in an estate plan. It is wise to list a guardian (with the guardian’s consent), while also listing how the child should be financially supported.

    This helps to avoid any issues that may arise if the guardian is left to determine how the money will be handled. Additionally, you may want to consider purchasing life insurance for yourself to ensure that your child is financially protected after your passing.

    We’re Here for You

    If you have questions pertaining to wills, health directives, trusts, and estate planning, or need assistance in navigating issues pertaining to the estate planning process, we are here to assist you.

    At Apfelbaum Law, our experienced lawyers are prepared to guide you through this sensitive and sometimes overwhelming planning process. Contact us today to schedule an estate planning consultation.

  • The Probate Process in Florida Explained

    The Probate Process in Florida Explained

    If you have ever lost a loved one, you know that it can be a very difficult time, especially for family members as they navigate funeral plans, expenses, emotional stress, and sometimes, the added burden of the probate process.

    Probate is the legal process of administering the estate of a deceased person. Understanding this process can be challenging, especially when combined with difficult emotions and financial stressors.

    In order to better assist you in preparation for these difficult times, here are the details of the probate process in the state of Florida. There are generally nine main steps involved.

    Step 1: Contact a Probate Attorney

    Meeting with a probate attorney should be the first step in this process. This lawyer will instruct you to obtain  the will and death certificate, which will be needed in the future.

    Your attorney will offer aid in determining debts, assets, and the executor listed in the will, if you are not the primary executor. This contact will be helpful as you navigate this process and will answer any questions that you may have, while offering insight and helpful advice on how to approach challenging legal issues.  If there is no will, then the probate process will be mostly regulated and dictated by Florida Probate law.

    Step 2: File a Petition

    Next, you will file a petition with the Probate Court for the Petition of Administration, along with filing the will. This must be done in the same county where the deceased resided.

    When granted by the court, the petition will designate the executor as the representative of the deceased. They will have access to the deceased’s assets and have a variety of estate tasks. At this time, all living heirs will be notified that the estate is open, if they were not already aware of the deceased’s passing. The executor will often open an account for all assets of the estate.

    Step 3: Notify the Deceased’s Creditors

    The representative must notify all creditors that the deceased has passed and the estate is open. It is required for the representative to publish a notice to creditors in the local newspaper once a week for two consecutive weeks.

    From the time of publishing, creditors have three months to file a claim against the estate. It is the representative’s responsibility to file a list of all known creditors with the court.

    Step 4: Inventory the Estate

    Next, the representative will compile a list of all known property and assets of the deceased and file this with the court. This includes physical property, bank accounts, stocks, real estate titles, mutual funds, vehicles, and other properties found inside the home. Once this list is complete, the representative will notify the court.

    Step 5: Pay Debts and Close the Creditor Period

    At this time, three months have passed from the time of creditor dispute, as discussed in step three. After this time, any additional received claims may not be valid and could be disputed by the representative.

    The representative will begin to close the estate by paying all debts received before this time by utilizing funds in the deceased’s estate account. If no funds are available to pay off debts, the representative may have to sell properties in order to pay off creditors.

    Step 6: File and Pay Estate Taxes

    Now, the representative may have to file an income tax return with the IRS, including estate tax.

    Step 7: Final Estate Accounting

    The representative will compile a list of every action he/she have taken on behalf of the deceased up until this point. This list must include attorney and probate fees, estate’s assets, funds given to creditors, and the funds given to the representative.

    Step 8: Distribute Assets to Beneficiaries

    At this point, all the beneficiaries listed in the deceased’s will can receive their inheritance.

    Step 9: Close the Estate

    Once the remaining property has been received by the beneficiaries, the representative must petition the court to close the estate. This will also relieve him/her of duties as the deceased’s representative, and the probate process will have ended. The length of a probate proceeding from start to finish can vary from county to county, and from case to case.

    We’re Here to Help

    Apfelbaum Law has offices located in Port St. Lucie and Stuart, Florida. If you or a loved one needs assistance in navigating the probate process, we are here to help. Our experienced lawyers are able to walk you through these complicated steps and ensure everything is done properly. Contact us at (772)-236-4009 and let us know how we can help you.

  • 6 Common Estate Planning Questions Asked and Answered

    6 Common Estate Planning Questions Asked and Answered

    Creating an estate plan is one of the best and most important things you can do, not only for your own peace of mind, but also for protecting your family from further angst and hardship after your passing.

    During estate planning, some of life’s most intimate and critical decisions are made. Therefore, it is important to educate yourself on the elements of estate planning, in general, as well as the various regulations that apply to your circumstances.

    Estate Planning FAQs

    If you’re just getting started with estate planning, chances are you have a lot of questions concerning this potentially overwhelming topic. Here are answers to six of the most popular estate planning questions to help guide you.

    #1 What is estate planning?

    In general, estate planning ensures that your assets pass to the people you want in a way that maximizes their value, reduces, or eliminates the tax burden on your estate, and, under certain circumstances, allows your assets to pass to your selected beneficiaries without the hassle, cost, or delay of probate.

    #2 If I don’t have a lot of money or other assets, do I still need an estate plan?

    An estate plan is something that everyone, regardless of age, health, or asset value, should consider. While you’re still living, and long after you’ve passed away, comprehensive estate planning ensures that the right people are in place to make medical, financial, parenting, and business decisions on your behalf.

    It ensures that your assets are distributed to the appropriate people and/or organizations and in the manner that you intended. A well-prepared estate plan can also protect funds from being misused, squandered, or mismanaged.

    #3 What is a Power of Attorney?

    A power of attorney is a legal document that permits you to name someone to make decisions on your behalf in the event that you are unable to do so yourself. It’s one of the most effective estate planning documents because it delegates your decision-making authority to someone else. This person has the legal authority to make judgments about financials matters and more. Someone you trust, such as your spouse or partner, a sibling, or an adult child may be your chosen power of attorney. This person can make many decisions on your behalf, but they can’t amend your will or make any estate decisions after you are deceased.

    #4 What is the difference between a will and a trust?

    Wills and trusts are comparable in multiple ways. They are both estate planning tools that can be used in tandem to construct the most comprehensive estate plan possible. The following are the primary distinctions between a will and a trust:

    • Wills take effect after a person dies; although some trusts take effect immediately.
    • Wills specify who receives property when someone dies and appoint a legal representative (also called an executor) to oversee the process; whereas a trust can distribute property before someone dies.
    • Wills can cover anything owned solely by the person who creates the will; whereas trusts cover only the property placed in the trust.
    • Wills may be public record; whereas trusts are often kept private.

    Both wills and trusts have benefits and drawbacks, so talk to your lawyer about your specific situation.

    #5 How frequently should I update my estate plan?

    Life can come with many twists and turns. You should revise your estate plan whenever your life or your assets change significantly. The following are examples of life changes that should cause an evaluation of your estate plan:

    • Purchasing or selling a residence
    • Buying another major item, such as a boat or a property
    • Beginning a new business or selling an existing one
    • Having children or grandchildren
    • Divorce or marriage
    • Death of a family member who is a beneficiary of your estate

    #6 Do I need to hire a lawyer to set up an estate plan?

    Hiring of an experienced estate planning attorney helps in the establishment of an estate plan that appropriately aligns with your preferences. There are websites available that offer resources in estate planning. However, people are frequently disappointed to learn that online estate plans fail to hold up in court, do not accurately reflect their wishes, and/or create a costly problem for their heirs to sort through.

    At Apfelbaum Law, we understand that estate planning can be an overwhelming and uncomfortable subject matter. If you have questions pertaining to wills, health directives, trust, and estate planning, or need assistance drafting any documents pertaining to estate planning, we are here to assist you. Contact us to schedule an estate planning consultation today.

  • 4 Common Child Custody Questions

    4 Common Child Custody Questions

    Divorce can be a sensitive and difficult challenge for everyone involved. Unfortunately, even in the most amicable situations, it can be especially impactful for children, as their daily lives can change dramatically with the separation and divorce process.

    This makes the topic of child custody (parental responsibility and time-sharing) particularly important in ensuring that the best interest of the child is prioritized throughout the instability that divorce can bring.

    4 Commonly Asked Child Custody Questions

    Parents can have many questions and concerns when approaching divorce. Here are four common child custody questions we receive in our practice.

    What is a Child Custody Agreement?

    Child custody is a term that rarely appears in Florida law today. Custody is instead referenced as time-sharing as referenced above. This is typically outlined in a parenting plan by which the parents come to an agreement on time-sharing and decision-making responsibilities for the child.

    The parenting plan addresses how much time the child spends with each parent and details the responsibilities of both parents in caring for the needs of the child such as with schooling, transportation, vacations and travel, health decisions, and more.

    How is Child Custody Determined?

    Custody, or time-sharing, is decided and agreed upon by the parents in an uncontested divorce and then submitted in writing as part of the parenting plan. However, if a mutual agreement cannot be reached, the court may intercede to assist with the process for the best interest of the child and craft its’ own parenting plan.

    In cases where the parents cannot agree on an arrangement, the court will rule based on the child’s best interest. This means that the child’s wishes, while taken into consideration, are not the sole factor in determining the custody arrangement. Both parents typically share custody; however, in some circumstances, the court may find that equal time-sharing is not in the child’s best interest. Therefore, it is possible one parent may be granted majority time-sharing. This depends on a variety of factors, including but not limited to the age of the child, the child’s school and activities, etc.

    In cases where the parents agree easily on the arrangement, the ruling will go into effect quickly. . However, when parents fail to agree, custody cases can take up to a year to resolve. Since Florida is a no-fault divorce state, custody is not awarded to a parent automatically. In cases where a child is born to unmarried parents, custody is given to the mother as the sole parent, unless the father legally identifies himself as the paternal figure, with the mother’s consent.

    Can Child Custody Arrangements be Modified?

    Child custody arrangements can be modified. This can be common in cases where parents obtain a divorce when a child is young and the need to modify the arrangement occurs as the child ages or as unanticipated circumstances arise.

    Custody (time sharing) may also need to be modified as parental income and home life changes as with new marriages or if substantial financial changes occur. Requests to modify the arrangement can be made by the court or by a parent at any time.

    What Happens if the Other Parent Fails to Pay Child Support?

    Typically in Florida, the parent that spends the least amount of time with the child is responsible for the majority of the child support. However, parental income, medical expenses, nights spent with the child, and insurance costs are also taken into consideration along with many other elements.

    Legal counsel should be sought immediately if a parent is not making support payments. Any missed payment(s) is required by law to be paid back. If a parent tries to avoid payments due to unemployment issues, the court maintains the right to bill the income to the parent. Further legal actions may be taken if the parent still refuses to pay child support.

    Where Can I Find More Information?

    Divorce is a decision that impacts all aspects of family life. The closure of this chapter in life is in itself a great emotional challenge, but divorce also involves many practical issues that must be resolved.

    Apfelbaum Law takes divorce, custody, and child custody matters very seriously. If you find yourself struggling to navigate the difficult waters of time-sharing, we are here to help you. Contact us to schedule a consultation with one of our experienced lawyers so we can assist and support you with your legal matters.

  • Quick Guide to Understanding Alimony in Florida

    Quick Guide to Understanding Alimony in Florida

    Divorce can be an extremely difficult challenge to face, and the issue of spousal support and alimony can be a delicate one.

    It is important to understand what alimony is in addition to the factors that influence whether alimony will be awarded by the court.

    Let’s take a closer look at how the state of Florida handles alimony. Here’s a quick guide to Florida alimony law.

    What is Alimony?

    Alimony, or spousal support, is a legal arrangement between divorcing couples.  More specifically, it is a monetary award given by the family court to provide financial support for a spouse for a period of time following a separation or divorce.

    What are the Types of Alimony in Florida?

    Under Florida divorce law, alimony comes in various forms. Depending on the circumstances and many determining factors, a spouse may be awarded one or more of the following types of alimony:

    1. Temporary alimony is awarded during the time period between the filing and finalizing of divorce proceedings.
    2. Bridge the gap alimony looks at what each spouse would need to transition to single life. It is intended to provide short-term assistance for a specific time.
    3. Rehabilitative alimony considers the time one spouse may need to further their education or career in order to get back on their feet.
    4. Durational alimony depends heavily on the length of the marriage, the need of one spouse, and the ability of the other spouse to pay. It cannot exceed the length of the marriage.
    5. Permanent alimony is usually only granted in moderate marriages (between 7 and 17 years) or long-term marriages (17 years or more) and ends when specific conditions pre-determined by the judge are met.

    Who Qualifies for Alimony?

    The court may grant alimony to either spouse. When deciding whether to grant alimony, the court looks at each spouse’s source of income, assets, properties, and other relevant factors between the parties as set forth in the Florida Statutes.

    It should not be assumed that alimony will be a consideration or option for every divorce case. The facts for each individual case are reviewed to determine whether the need for alimony is necessary. Some of these factors include the standard of living during and after the marriage, the length of the marriage, each spouse’s age, health, emotional and physical condition, skills, and capacity to be employed. Even each spouse’s conduct during the marriage may be considered when deciding whether to grant alimony.

    Have Questions About Alimony in Florida?

    If you are facing a divorce in Florida and need assistance with understanding alimony, Apfelbaum Law understands the sensitive nature of family law matters and can advise you. Our family law attorneys are experienced and ready to help you navigate the complicated waters surrounding divorce. Contact us for a consultation to discuss your specific needs and circumstances.

  • 3 Tips for Creating a Successful Time-Sharing Schedule

    3 Tips for Creating a Successful Time-Sharing Schedule

    In Florida, child custody is referred to as time-sharing, and the time-sharing schedule is just one part of the parenting plan.

    A parenting plan is a civil contract that dictates how divorced parents will work together to raise their minor child or children. The parenting plan form, as set forth by the State of Florida, includes a number of issues, including parental responsibility, time-sharing, participation in (and payment for) extra-curricular activities, payment for medical expenses, and more.

    Time-sharing plans are meant to be in children’s best interests while supporting ongoing parent–child relationships. Consider these three tips for when crafting a time-sharing schedule.

    #1 Show the Details of Your Time-Sharing Arrangement

    The details of your time-sharing arrangement should be clearly explained in writing, and a calendar is strongly recommended as part of your parenting plan. Some counties even require a visual of the time-sharing details.

    Time-sharing schedules should include an everyday schedule that details dates and times for which parent is responsible for the child, a holiday schedule that shows which parent the child is staying with for the holidays, and a summer break schedule.

    The plan should also include provisions about how and where the child will be exchanged, information on who will transport the child, what they should bring with them between homes, and what will transpire should a parent arrive later than the plan requires.

    #2 Plan for Multiple Scenarios

    If your time-sharing plan only covers daily “normal” situations, then you may be disappointed when unavoidable scenarios pop up. For this reason, it is important to make sure your parenting plan anticipates multiple scenarios that may arise.

    Think of your parenting plan as your failsafe. When the unexpected scenario or problem presents itself, you will have your time-sharing agreement to provide guidance and hopefully prevent disputes

    #3 Be Ready to Compromise

    When you’re negotiating the details of your parenting plan, remember that the process and the result is meant to be about your child’s best interests. Consider the time the child may be traveling back and forth, homework pressures, and after-school activities when negotiating your plan. . In doing so, you may find that both sides need to compromise in order to make the overall experience as smooth as possible for the child.

    In the end, your willingness to compromise and to be flexible for the well-being of the child will help strike a balance that hopefully works for everyone.

    Hire a Lawyer to Draft Your Parenting Plan

    If you need someone to advocate for your future and protect your rights as a parent, while serving as a guide through the legal process, Apfelbaum Law understands the sensitive nature of family law matters and can advise you. To discuss your time-sharing and parenting plan concerns, please contact Apfelbaum Law today for a consultation.

  • 4 Frequently Asked Business Law Questions Answered

    4 Frequently Asked Business Law Questions Answered

    In general, business law ensures that parties to a transaction or deal are protected. While there are many different aspects of business law, the main purpose is to ensure fairness and protection of the parties.

    Business law covers many topics, including contracts, transactions and disputes, intellectual data and property, labor law, bankruptcy, income tax, confidential information, and more. There are many questions that arise regarding these topics, and here are just four of the most common among business owners.

    #1 Do I Need to Hire an Attorney When Starting a Business?

    Many entrepreneurs are often confused about whether they should seek legal guidance when starting a business. A soon-to-be business owner may be able to navigate the beginning stages, but it is important to consult with a business lawyer to limit your risk and ensure that you are compliant with laws.

    #2 How Do I Decide Which Business Entity is Best for Me?

    Choosing the right business entity and understanding the long-term impact to the success of the business makes this one of the most important decisions for a new business owner. In addition, awareness of the state and federal laws affecting each business entity make this single decision a critical reason to seek legal advice.

    The main factors to consider when choosing a business entity are tax requirements, liability, applicable law, and required corporate formalities. There are several business entities available in Florida. These include corporations, limited liability companies (LLCs), general partnerships, limited partnerships, and sole proprietorships. Each entity reflects a different type of business structure and includes differing implications that should be considered.

    #3 What is the Difference Between a Corporation and an LLC?

    This can be a complex topic, but in short, both a corporation and an LLC protect owners so they’re not personally responsible for business liabilities or debts. However, there are considerable differences between these two types of entities.

    The key differences between corporations and LLCs include how they’re owned and maintained. Corporations have shareholders and generally have more formal record-keeping and reporting requirements. LLCs have one or more individual members and significantly less reporting requirements, while allowing for more flexibilities than corporations. In general, LLCs are considered easier to start and maintain for a new business owner.

    #4 Should I Have a Buy-Sell Agreement?

    A buy-sell agreement details what should happen in the event of an owner’s bankruptcy, incapacitation, retirement, or passing. It also can affect the sale of one’s share in a business. It is important for businesses to have and should be prepared with the help of an experienced business attorney. Without this agreement, a company could face major difficulties.

    Do You Need Assistance with Your Business?

    Being a business owner comes with many exciting rewards, but also many daunting decisions. It is important to seek legal guidance to ensure that you are establishing your business properly and are satisfying all laws when creating and managing your business.

    If you need assistance with your business or have questions about any potential business law matter, we can assist you. Contact Apfelbaum Law today for a consultation.

  • The Benefits of Construction Arbitration vs. Litigation

    The Benefits of Construction Arbitration vs. Litigation

    Litigation serves an important purpose and is often necessary. However, going to court is not always the best or even the most economical method for dealing with construction disputes.

    Even informal negotiations can often be successful in overcoming disagreements, but many parties prefer an option that offers more structure when attempting to resolve disputes. As such, construction arbitration is often a viable and preferred option for avoiding costly and time-consuming litigation.

    What is Arbitration?

    Arbitration is a non-judicial process that allows parties to resolve their dispute(s) outside the court system through a neutral arbitrator generally selected by the parties involved.

    What are the Benefits of Arbitration?

    While arbitration trial has certain similarities to a court trial, it has a number of advantages over court litigation, such as these four.

    #1 Arbitration can be less time-consuming than a lawsuit.

    The litigation process can take many months to complete due to filings of motions, discovery processes, scheduling issues, etc. Arbitration tends to be a more efficient and economical means of resolution for all parties involved by providing a defined structure.

    #2 Arbitration is a more informal process compared to trial.

    While similar to a trial in terms of presenting evidence and testimony, arbitration tends to be  a more relaxed process overall. The less formal nature of arbitration may also be a benefit for those who feel intimidated or overwhelmed by the idea of court proceedings. In fact, the entire arbitration process could be held in a more comfortable setting, such as an office or conference room.

    #3 Arbitration is generally less expensive than litigation.

    Arbitration can be more cost-effective than filing a lawsuit. The speed at which the parties can schedule and conduct an arbitration typically translates into the attorneys billing less time and a significant reduction in overall cost. Generally, it can be a simpler, faster, and less expensive option than litigation.

    #4 Arbitration allows for a greater degree of confidentiality.

    Arbitration is a private process, and the specifics of the dispute are not released to the public. As a service-oriented industry, construction companies lean heavily on their reputation and customer reviews. Disputes can result in damaging allegations that would become public through litigation. Arbitration, however, is confidential and allows the parties to address the dispute without damaging reputations.

    Helping You Decide on the Best Course of Action

    Many construction companies include a clause in their contracts requiring arbitration to resolve disputes to avoid costly and time-consuming litigation, but that is not always the case.

    No two scenarios are the same, and arbitration may not be suitable for every construction dispute. A skilled attorney can assist you in navigating this complex topic. Contact our office today to set up a consultation if you need assistance with a construction matter or any other legal issue.

  • 4 Common Defenses for a DUI Charge

    4 Common Defenses for a DUI Charge

    Being charged with a DUI can be a stressful experience. Fortunately, being charged with a DUI does not always lead to a conviction at trial or having to plead guilty. There are several potential defenses that an experienced attorney can potentially use to challenge the charge.

    If the defense is successful, it can result in the evidentiary support against you being thrown out, making it nearly impossible to convict. Without a  proper investigation and defense of your case and circumstances, you leave yourself vulnerable to the serious penalties of a DUI conviction.

    The prosecution must prove that the individual charged with a DUI was driving the vehicle while under the influence, or impaired, due to drug or alcohol levels present at the time.

    4 Common Defenses for a DUI Charge

    There are several defense strategies that your attorney may suggest or lead with, and the following are four of the most common.

    #1: Faulty Breath Alcohol Tests

    Breathalyzers are a common tool police officers use to measure the amount of alcohol is in a person’s system. However, they can be inaccurate. That is why a  breathalyzer test alone is often insufficient evidence to prove the state’s case. Body temperature can cause a high read of a breathalyzer test, and the tool is known to have a 10% margin of error. The breath machine must also be properly maintained, and can be inaccurate if not. The State must prove this maintenance at trial.

    #2: Illegal Stop

    The individual being charged with a DUI may have also been illegally pulled over, which is another potential defense for DUI charges. In accordance with the Fourth Amendment, officers are not allowed to stop individuals without reasonable cause, such as a traffic law or other law being violated.

    #3: Inaccurate Field Sobriety Test

    In addition to inaccuracies of breathalyzers, field sobriety tests are also subject to error—human error. This test may be ruled out as evidence against the defendant if it was found to be improperly administered, which may lead to results that do not accurately indicate a person’s state of intoxication.

    #4: Rising Blood Alcohol Concentration

    Blood alcohol levels can rise with time, which is why, oftentimes, a defendant’s BAC (Blood Alcohol Content) level may be below the legal limit at the time of driving, but had risen at the time the blood alcohol test was administered. In Florida, a blood alcohol level of 0.08 or above is unlawful and is the maintenance legal limit to be in control of or operate a motor vehicle.

    Hiring an Experienced Defense Attorney for a DUI Charge

    There are several tools used to make a DUI arrest, from breathalyzers to field sobriety tests, and there are several defenses that can potentially lead a judge to rule each of them as insufficient or inaccurate evidentiary support.

    If you or a loved one is charged with a DUI offense, it is important that you hire an experienced attorney to help you fight the charge. Your attorney will be able to provide the proper strategy and guidance to best defend you.

    If you need assistance with your DUI case or have questions about any potential legal matter, please contact Apfelbaum Law today for a consultation.

  • What is a Business Attorney?

    What is a Business Attorney?

    Plain and simple: a business attorney focuses on issues that affect businesses.

    When setting up a new business, a business attorney, sometimes referred to as a commercial attorney or corporate attorney, plays an important role. If you have an experienced business attorney by your side to lead you through the creation of your new business, things are likely to go smoothly and will be set up properly and legally.

    A business attorney may also assist with disputes, transfer/sale of businesses, intellectual property, and much more. So, what exactly is a business attorney?

    What Exactly Is a Business Attorney?

    There is a plethora of state and federal laws that affect your business and the creation of it, and a business attorney will help guide you through them. They are legal experts who provide legal services regarding the regulations and functions and of your business.

    What Can a Business Lawyer Help Me With?

    Business lawyers can assist you with entity issues, including:

    • Forming a corporation or other entity
    • Maintaining your corporation
    • Buy-sell agreements
    • Selling of the business entity or assets of the business
    • Dissolution of the business

    They can also help you with contracts, including such services as:

    • Drafting
    • Review
    • Negotiation

    Additionally, commercial attorneys can help with:

    • Non-Competition Agreements and other employment issues
    • Contractor, distributorship, employment, and other type of agreements
    • Contract and various business disputes
    • Intellectual property protection

    Why Do I Need a Corporate Attorney?

    Although not every aspect of owning a business necessitates legal assistance, utilizing a business lawyer is recommended for many business situations. Here are some instances when they will likely be necessary:

    • Registration of the company
    • Production of all relevant legal documentation regarding ownership and management of the company
    • Procurement of the business license and approval for its operations
    • Negotiations with clients, employees, and vendors
    • Creation of sound legal contracts with employees, vendors, and clients

    Hiring a Business Lawyer in Florida

    Starting and running a business in Florida is an exciting undertaking, but keep in mind that it comes with many laws and regulations that must be abided by when creating and maintaining the company.

    If you need assistance with your business or have questions about any potential business law matter, please contact Apfelbaum Law today for a consultation.