Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

What Does a Typical Real Estate Closing Checklist Look Like?
Buying a home is one of the largest investments individuals make in their lifetime, and there are a few more steps that go into it other than applying for a mortgage and attending open houses.

Home buying is an exciting process, and when you find the perfect home within your budget and lifestyle, you are only a few extremely important steps away from being a homeowner.

The closing process is one of the most important and complex parts the home buying process because that is when the seller’s home officially becomes yours. However, there are a few highly intricate and complex components for a successful, smooth, and efficient transaction.

What a Real Estate Closing Checklist Includes

Most people would imagine the closing process as one step in the home buying process, but it actually has several key components that a real estate closing attorney is best suited to help you with. The following is what a typical real estate closing checklist looks like.

#1: Check Off Any Contingencies

As the negotiations ensue, there are bound to be at least a few contingencies that arise. One of the initial steps on a real estate closing checklist is to ensure these items are completed prior to making the closing official, including:
- Home inspections
- Appraisals
- Financing/mortgage approval
#2: Clearing the Title

The title of a home establishes legal ownership of it, which is typically filed and confirmed by local public land records. You will typically be required, often by your lender, to perform a title search and purchase title insurance to protect you from any legal claims to your new home. By clearing the title, you are able to publicly establish that the home is yours and seek protection that any prior owners or relatives of the previous owners cannot claim they own your home.

#3: Final Mortgage Approval

You have made the down payment but just before closing your loan will go through an underwriting process which combs through your finances, from your credit score to your home appraisal, ensuring that your financial state is stable and has remained consistent since the time you were pre-approved.

#4: Review of The Closing Disclosure & Documents

Your closing disclosure or closing statement outlines your mortgage payments, loan terms, and closing costs. It is important to review this prior to going to the closing table, in addition to preparing and gathering other documentation, including:
- Proof of homeowner’s insurance
- Copy of your contract
- Home inspection reports
- Bank or payment paperwork needed to approve your loan
- Government-issued photo ID
#5: The Closing Table

At the closing table, there will be plenty of legally binding paperwork to sign, and a real estate closing attorney is best equipped to help guide you through the process. The process at closing can be complex with many moving parts – from signing of papers, to exchanges of monies – and it may be better to seek the counseling and guidance from a real estate closing lawyer.

Closing documents can be difficult to fully understand and play such a large role in properly purchasing a home without any legal complications. If you or someone you know is going through the home buying process, contact our team at Apfelbaum Law today to ensure a smooth closing process and transaction.
August 25, 2021
What Does a Florida Real Estate Closing Attorney Do?
You are finally ready to close on the home of your dreams, but should you hire a Florida real estate closing attorney to help with this process?

In Florida, the purchase and sales contract is what governs any residential real estate transaction.

Even though your realtor is likely familiar with each aspect of the home buying and selling process, he/she is not permitted to provide you with any legal advice regarding the repercussions or potential outcomes of signing the contract.

That is why, when it comes time to handling real estate transactions, including the closing, hiring a real estate closing attorney may be in your best interest.

While Florida does not require an attorney be present or involved in the closing process, a real estate closing attorney helps protect both parties’ interests, expediting and streamlining several aspects of the process including:
- Contract negotiations
- Securing title insurance
- Lender communications
What Florida Real Estate Attorneys Can Assist With

Real estate transactions, on the surface, seem simple. However, they can be quite complex and pose a host of potential legal issues. Florida real estate closing attorneys are better equipped to manage the complex legalities of these transactions and help ensure that all drafted and signed contracts are suited to each party’s objectives and the property unaffected by any liens.

They conduct and manage the closing process along with several other aspects of the transaction, including:
- Reviewing and negotiating the purchase and sale agreement
- Acting as the escrow agent to hold earnest money until disbursement
- Ordering the municipal lien certificate to verify real estate taxes
- Examining and issuing the property title and helping to resolve any discrepancies
Not every closing is a smooth process, and many issues can arise, such as illegal additions or property improvements, which a real estate closing attorney can help resolve.

Hiring a Real Estate Attorney in Florida

A Florida real estate closing attorney can help with the buying and selling process, assist in navigating any problems that arise, and ultimately help you close the deal.

Most importantly, it gives you peace of mind knowing that you won’t miss or misunderstand an important part of the sales agreement or other agreements involved in the transaction.

Contact our team at Apfelbaum Law today to help you close on the purchase or sale of your property. Our attorneys will answer your questions, explain your options, and guide you through every step of the process.
August 24, 2021
How a Florida Guardianship Attorney Can Help You
As an individual ages or becomes incapacitated, initiating the process for the proper type of guardianship becomes important to ensure their best interests are protected.

When you initially consider guardianship, you may quickly find yourself feeling overwhelmed. While the process can be complex, a guardianship attorney can explain the process and make each step manageable.

Guardians are court appointed surrogates who make personal or financial decisions in the best interest of their wards, the individuals who are the subject of guardianship. They are held to the highest standards under Florida law to act in the ward’s best interest and must file reports with the court as to their plan for care of the ward.

There are several reasons why people choose to begin the process to obtain guardianship for loved ones, including:
- If a person has become mentally incapacitated or incompetent and is no longer able to manage their affairs and/or make life decisions
- If a minor loses their parents
- If a minor’s parents are incapable of providing proper care for the minor and wish to appoint someone to fulfill that role
How a Guardianship Attorney Can Help You

Guardianship in Florida can be a highly complex process and often requires the help of an attorney. The following are several ways in which a guardianship attorney can assist you throughout the process.

Petitioning the Court

There are several steps involved in the process of obtaining guardianship, including petitioning a notice and order for the appointment of a guardian to the court, appointing an examining committee, and scheduling the proper court hearings. A guardianship attorney can help you through the petitioning process, complete necessary paperwork, and shepherd you through the process.

Drafting & Acquiring Documentation

Certain documentation will likely also be required throughout the process, including medical records or physicians’ reports. A guardianship attorney can help obtain the necessary documents and draft any associated letters needed.

Developing Guardianship Plans

The person or entity appointed to be a guardian will be required to complete an inventory of assets or property that will need to be managed and develop initial and annual guardianship plans. A guardianship attorney can help with these complex and often time-consuming tasks as well, ensuring they are completed in a timely manner and correctly.

Hiring a Florida Guardianship Attorney

There are several elements involved in obtaining legal guardianship in Florida, which you can learn more about in Chapter 744, Florida Statutes and Part III, Probate Rules, Florida Rules of Court, which details the relationships among the court, the ward, and the guardian.

At Apfelbaum law, we assist our clients with the following areas of guardianship law:
- Plenary guardianship
- Limited guardianship
- Guardian advocate
- Disability guardianship
- Minor guardianship
- Guardian of the property
- Guardian ad litem
- Developmental disability guardianship
Whether you in need of a guardianship attorney or you have questions about any other legal matter, contact our team at Apfelbaum Law to learn how we can best help you today.
July 28, 2021
What Does a Plea Agreement Entail in a Criminal Case?

Criminal cases can be lengthy, taking anywhere from months to over a year in some instances. They can also be emotionally challenging.

One method to expedite the process is by coming to a plea agreement, which is common, as prosecutors and judges are pressured to move from one case to the next. More cases are resolved by plea agreements than will go to trial.

However, the pressure of time is not the only reason plea bargains are common. Trials are unpredictable, and coming to a plea bargain allows the prosecution and the defense to have some input into the outcome of your case.

But does that necessarily mean a proposed plea agreement in a criminal case is in the best interest of the defendant?

The answer depends on a variety of factors, and your attorney is the best person to determine when a plea agreement is in your best interest in a criminal case.

What Is a Plea Agreement?

Plea agreements are also known as plea bargains and are essentially negotiated terms between the defendant and the prosecutor. The defendant generally agrees to plead guilty or no contest while the prosecutor agrees to lessen or drop one or more charges. The judge mostly accepts the agreed to arrangement; he can reject it, sending the parties back to the drawing board, but he cannot modify the terms.

Types of Plea Bargains

The following are three types of plea bargains that the defense and prosecution may choose to pursue.

Plea to a lesser charge

This is when the prosecutor reduces a more serious charge if the defendant agrees to plead guilty to a lesser charge than has originally lodged against a defendant.

Plea to some but not all of the charges

This is when the defendant pleads guilty to specific counts of the indictment and the prosecutor agrees to drop some or all remaining counts.

Sentence Bargaining

This is when the defendant pleads guilty and the prosecutor and defense agree on a sentence range or term, such as probation rather than jail time, or cap any potential sentence at a specific amount of time.

The Pros and Cons of Plea Agreements in a Criminal Case

Plea agreements can give both the prosecutor and the defense more control over the outcome of a criminal case and expedite the process. In turn, it can save the defendant money by avoiding a costly trial and can potentially mean less jail time or a lighter sentence. Additionally, it can also lead to less publicity of the case and a less severe criminal record.

However, plea agreements are not always in the best interest of the defendant, as he/she must plead guilty or “nolo contendre” (no contest) which ultimately means that the charges are uncontested and oftentimes results in a criminal conviction. This will also show up on the defendant’s criminal record.

While a plea agreement in a criminal case does not necessarily mean that the defendant is unable to seal or expunge their criminal record at some point (this is governed by a specific statute)an experienced criminal defense attorney can help you navigate your options, leading to the best possible outcome for you.

Contact Apfelbaum Law to learn more about how we can help you navigate your criminal case.

July 19, 2021
Understanding How to Avoid a Probation Violation
When individuals are found guilty of a crime, probation is one potential sentence of the charge and can be a way to deal with your criminal case without going to jail.

However, complying with probation is important, as even one probation violation will result in court appearances and potential jail time.

This is why it is imperative that you clearly understand the conditions of your probation, so you are able to comply with them and avoid any violations.

Understanding the Conditions of Your Probation

Once you have been placed on probation, you will be assigned a probation officer who will outline and advise you on the conditions of your probation—basically all the terms, rules, and requirements you must follow.

There are a few common probation categories, including:
- Administrative probation
- Community control probation
- Drug offender probation
- Mental health probation
- Sex offender probation
The conditions of each probation sentence are different per each individual and offense. Your attorney will be able to help clarify the terms to help you avoid violating them.

Two Types of Probation Violations

In addition to probationary categories, there are two primary types of probation violations—technical and substantive.

Both result from violating the conditions of your probation in one way or another. Violating one of them is easier than you may realize and can lead to severe consequences.

Technical violations are just that, they are technical slip-ups, such as missing a scheduled meeting with your probation officer, skipping a child support payment, violating curfew, or failing to complete a drug or alcohol test.

In contrast, substantive violations are when you are found to have committed another criminal offense for which you could be arrested.

A Florida Criminal Defense Attorney Can Help with Your Probation

Understanding your probation’s terms and conditions is essential to helping you avoid probation violations or further penalties and consequences.

Speaking with an experienced defense attorney can help you better understand any technical jargon and conditions of your probation sentence. He/she can also guide you through this challenging time.

If you or a loved one is facing criminal charges in Florida or have been placed on probation and need the expertise and assistance of a criminal defense attorney, we encourage you to contact the team at Apfelbaum Law today.
July 12, 2021
The Benefits of Hiring an Estate Planning Attorney
Properly anticipating and preparing for the arrangement and management of an estate can be challenging. From a legal and strategic standpoint, there are several variables that must be considered.

Unless you have experience and practicing estate law, you may be unaware of how to best prepare, manage, and execute an estate plan. An estate planning attorney has substantial knowledge and expertise in this area, and can help you navigate yours or your loved one’s estate plan and reduce the number of potential disputes down the road.

While a will or trust can account for the majority of assets and wealth you have accrued in your lifetime, there are other considerations to take into account. This is when hiring an estate planning attorney can benefit you greatly.

Benefits of Hiring an Estate Planning Attorney

While there are low-cost or online estate planning services available, there are numerous documents that may need to be created or updated to develop a comprehensive estate plan that best ensures your wishes are carried out, including:
- Wills
- Trusts
- Healthcare directives
- Powers of Attorney
Oftentimes, the low-cost, DIY estate planning services are not comprehensive and lack the added expertise and guidance from an estate planning attorney to ensure your wishes are honored accurately and efficiently; and these services may fail to fulfill the legal requirements needed in Florida to be valid and enforceable. The following are several additional benefits of hiring an estate planning attorney.

Accurate and Up-to-Date Documents

Legal jargon can easily be misinterpreted. Having a lawyer to help prepare the appropriate documents means ensuring your estate plan accurately reflects your desired wishes.

Your Florida estate planning lawyer will also be well versed and up-to-date on current legislation to help navigate current local, state and federal laws that can impact your estate plan.

As your financial situation changes, your attorney can also be able to carefully review and determine if there are any estate plan updates necessary in order to avoid probate and minimize taxes.

Professionally Drafted and Executed Estate Plan

Ensuring your estate plan is executed properly is often dependent on the appropriate verbiage and manner of execution of the various documents involved.

An estate planning attorney will review your assets, wills, retirement accounts, bank accounts, insurance policies, etc. and provide recommendations on how to develop a thorough estate plan that includes all your assets, and ensures all documents are legally binding.

Hiring an Estate Planning Attorney

There are many estate planning lawyers in Florida. However, not all of them have the experience necessary to help you properly implement and execute your estate plan. Also, each firm’s communication style, level of competence, and practice areas vary.

Hiring of an experienced attorney for your needs will provide you with ample benefits and valuable peace of mind. He/she can serve as the point of contact for your family members and loved ones when you pass to help with the smooth transition of your assets.

At Apfelbaum Law, we believe that every client matters. Our attorneys have decades of experience and will answer all your questions, explain your options, and provide you with the needed tools and resources to create the best estate plan for your needs. Contact us today to get started.
June 22, 2021
When and How Can a Probate Lawyer Help Me
Individuals accrue a variety of assets that become a part of their estate, which they eventually leave behind upon their passing.

A probate lawyer can help ensure that an individual’s assets are properly distributed the way they wanted in accordance with their written wishes or applicable laws.

Probate is simply the administering of an individual’s estate once they have passed, and probate lawyers are well-versed in local, state, and federal laws that can impact how your estate is distributed.

Sometimes, you may be able to avoid probate depending on how you have protected your assets, such as placing them in a trust, designating beneficiaries, or how they are titled – all of which generally fosters a smooth transition of assets.

How a Probate Lawyer Can Help

Hiring a probate attorney can be very helpful, especially during such an emotionally challenging time. They provide objective legal guidance for the executor of the will and the estate’s beneficiaries, including throughout the probate process, which involves identifying and distributing assets accordingly.

Each estate is different and can require varying levels of involvement from the probate attorney, and can include tasks such as:
- Collecting on life insurance policies
- Obtaining property and asset appraisals
- Following through on payments for any outstanding debts, bills, estate taxes
- Preparing and filing any legal documents
When to Hire A Probate Lawyer

There are times when hiring a probate lawyer may not be necessary. However, having sound legal advice and expertise in estate and probate law can prove highly valuable for fostering a smooth transition of an estate’s assets with minimal turmoil.

A probate attorney can help guide you through the probate process, answering a variety of questions, such as whether the estate qualifies for Florida’s small estate procedures or whether it will have to pay any creditors.

Shouldn’t you be able to focus on honoring and remembering your loved one’s life rather than combing through the legal and paperwork loose ends of an estate? If you have questions pertaining to probate or any potential legal matter, contact Apfelbaum Law today for a consultation.
June 14, 2021
3 Items to Include on Your Estate Planning Checklist
Estate planning is not only for wealthy individuals. Everyone owns something or has an array of assets and belongings, and no matter big or how small, or how much they amount to, creating a plan for what you want to happen to them when you pass on is important.

An estate plan should essentially answer who and where you want your assets to be distributed when you pass. Because it can be a complex process and there are several details that often get overlooked, we recommend you hire a lawyer who is experienced in estate planning.

Understanding the Importance of Estate Planning

When you are no longer able to control or manage your estate and assets, who will? Your hard work, your family’s heirlooms, and property passed down from generations should not be left in the hands of the courts, if it can be avoided.

When you forego creating a detailed estate plan, you allow someone else to decide how your assets should be divided up, which could cause confusion and familial strife.

By creating an estate plan, you can proactively help resolve and eliminate any potential disagreements.

What are the Benefits of Creating an Estate Plan?

A few of the benefits of creating an estate plan are:
- Seeks to avoid questions about where each asset will go (who the beneficiaries are)
- May help keep associated expenses and taxes in control
- Establishes who will manage the succession of your estate (e.g., trustee or personal representative)
3 Must-Have Items on Your Estate Planning Checklist

There are several intricate details that go into creating a thorough estate plan. You should include at least the following three items on your estate planning checklist.

#1: Take Inventory of All Your Assets

No matter how much you have, you should start by taking inventory of all your assets and their respective values. This includes tangible items such as cars and homes, and intangible items such as savings accounts and stocks.

#2: Determine & Document Your Designated Directives

There are several important legal directives that you will want to designate to individuals who you trust. Some directives you should consider include:
- Health care decisions
- Financial power of attorney
- Limited power of attorney
- Living will designees
- Personal representative
- Trustees
#3: Review How Estate Tax Laws Can Affect You

Oftentimes, individuals who inherit money or property will have to pay a state and/or federal tax on the assets they are receiving. Unlike many states, Florida does not impose an inheritance or death tax, but there may be federal tax laws that may affect your estate planning.

It is important to discuss the current estate tax laws with an estate planning attorney to help your beneficiaries mitigate their potential tax burdens down the road.

Plan Your Estate Properly

Apfelbaum Law’s estate planning attorneys can help you make sure that all of your i’s are dotted and t’s are crossed to avoid any strife or confusion about your estate.

Contact us today to get started on your estate plan and ensure your assets are passed on the way you intended.
June 8, 2021
What Divorcing Parents Should Consider When Determining Their Time Sharing Schedule
There are a variety of factors that can take a toll on a marriage, and they may lead to divorce being the best solution for both spouses.

When a couple decides to proceed with a divorce, it heavily impacts their children. One way to ensure that both parents are able to spend equal, or fair, time with their child(ren) is by developing an appropriate time sharing schedule.

In the state of Florida, “time sharing” is the term used to replace prior terms, such as custody, visitation, or primary residential parent, as those terms suggest possession over a child, which may result in unnecessary confrontation. The marriage may have ended, but their child(ren) means continuing a familial bond, which is why it’s important to develop an agreeable time sharing schedule in the best interest of the child(ren). This is the touchstone the judge will keep in mind in examining a potential time sharing schedule.

3 Considerations When Creating Your Time Sharing Schedule

Your attorney or mediator can help you evaluate and determine an ideal time sharing schedule that will work best for you and your family. However, the following are three considerations divorced parents should keep in mind when creating a time sharing schedule.

#1: There is no right or wrong schedule

Every family is unique and has different schedules and needs. There are a variety of ways to create the best schedule for both spouses and for the child(ren), whose interests should always be put first when creating a time sharing schedule. This may mean evaluating the undertaking and management of the following:
- Shopping
- Homework
- Doctor visits
- School and event transportation
#2: Don’t let emotions affect your time sharing schedule

Divorces can be mentally and emotionally complex and exhausting. There is a reason why you have chosen to part ways with your spouse, but the subliminal feelings of betrayal or abandonment should not overshadow the importance of your schedule.

As long as both parents are doing right by their child(ren) and not putting them in danger or harm’s way, both parties should do their best to keep their shared times fair and balanced for their child(ren), and in the child(ren)’s best interest

#3: Consistency is key to stability

Though your schedule is not permanent and may change as the child grows, consistency is key to providing the child with stability.

When you are combing through yours and your child’s routines (homework, bedtime, bath, extracurricular activities, school, etc.), you should consider what may be the best schedule that fosters the most consistency in their day-to-day life.

Creating a time sharing schedule often requires the expertise and objectivity of a mediator or lawyer. At Apfelbaum Law, we are committed to providing high-quality professional services notwithstanding the size and type of the matter. Our team strives to provide effective representation with the goal of remaining efficient and cost-friendly.

Contact us today to learn how we can help you create an effective schedule for your family.
May 20, 2021
Child Time Sharing Modifications: 3 Reasons a Judge May Allow Them

A divorce can be an emotionally stressful time, not only for the parents, but for their children.

You try your best to do what is right for your children and avoid causing any emotional turmoil for them during the process. Florida law affects how these decisions are made.

In an attempt to serve the best interest of the child and to allow the child time with both parents when a couple splits, a time sharing arrangement is often created. However, life moves pretty quickly and sometimes those plans need to be revised to best accommodate all parties involved. Florida law anticipates these changes and, under specific circumstances, a court can order time sharing changes. When a parent looks to modify the current time sharing arrangement (called a Parenting Plan), the court will look to the Florida Statutes to determine the best interest of the child.

3 Reasons for Potential Child Time Sharing Modifications

Time sharing modifications generally are approved by a judge, and the following are three reasons a judge would consider modifying an existing Parenting Plan.

#1: Relocation

If one of the child’s parents is potentially moving away, it may make sense to consider modifying the child custody arrangement. However, that does not necessarily mean it will be granted.

A judge would evaluate a variety of factors, including why the parent is relocating and how the child’s life (school, activities, relationships, etc.) would change due to the modification, in addition to any predefined moving clauses outlined in the original agreement. There are specific requirements in Florida law concerning relocation and you should have the advice of an experienced family law attorney to make sure you navigate them properly.

#2: Unable to Follow the Terms

Both parents are responsible for adhering to the terms of the Parenting Plan. . However, that is often easier said than done. Whether both or one parent is unable to consistently follow the time sharing arrangement, the court can be petitioned for a modification of the Plan.

Likewise, your child’s age and stage of life can also affect the terms of a time sharing agreement. What was best for them when they were toddlers may not be best for them as teenagers, and it may no longer be in the child’s best interest to continue to follow the original Plan.

#3: Your Child’s Welfare is Compromised

The welfare of your child is at the forefront of any child custody or time sharing arrangement. If their best interests or health are compromised by one of the parents’ behaviors, such as physical, emotional, or psychological abuse, then a judge would likely consider a child custody modification, removing or modifying the compromising parent’s physical custody. The Florida Department of Children and Families (D.C.F.) may also become involved.

Hiring a Family Lawyer for Time Sharing Modifications

Family law, custody, time sharing, and visitation can be complex issues to navigate alone. You should have the expertise and assistance of a family law attorney to request any child custody modification.

At Apfelbaum Law, we strive to provide effective representation with the goal of remaining efficient and transparent. Our team is committed to providing high-quality professional services notwithstanding the size and type of the matter. Contact us today to help you petition for child custody modifications or assist with any other legal matters.

May 12, 2021