Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

Common Questions People are Faced with Non-Compete Contract Clauses
People in Port St. Lucie, Stuart, and other areas of the Treasure Coast may start thinking about a non-compete agreement if they need to hire an employee to do certain kinds of work. They may also need assistance from a non-compete lawyer if they’ve been asked to sign such an agreement by an employer.

What does a non-compete lawyer do?
Non-compete lawyers often help clients with a variety of business and intellectual property issues. With non-compete issues, they may draft such an agreement, or they may advise a client who is thinking about signing one. If you need to go to court to challenge a non-compete agreement, they will represent you in this process.

What is a non-compete agreement?
A non-compete agreement, also sometimes called a restrictive covenant, is a document an employer may ask an employee to sign in order to protect legitimate business interests. (More on that later.) Typically, it will state that the employee won’t work for any competitors during their employment, and often for a specific period of time after their employment ends. Florida law specifies that non-compete agreements must be reasonable, and should be based on the following legitimate business interests:
- Trade secrets (subject to interpretation of Florida statutes)
- Confidential business or professional information that has value to the company but doesn’t meet the qualifications of trade secrets
- Significant relationships with existing or potential clients, customers, or patients
- Very specialized or intense training required for a position
- Goodwill of clients, customers, or patients regarding trademarks/logos in specific geographic or marketing areas
How enforceable is a non-compete agreement?
This is a very common question about non-compete laws in Florida. Challenging such a contract often depends on whether you can make a case that it is not reasonable. In fact, Florida’s lengthy statue on non-compete agreements mentions some variation of the word reasonable — but what does the court consider reasonable?

Your non-compete agreement lawyer will be able to advise you on whether or not your agreement may be found reasonable by a judge but, in general, a restrictive covenant should be as specific as possible. It should give an exact time frame and specific geographic location. Vague descriptions like “the local neighborhood” or “my customer base” may be very hard to enforce because they’re hard to define. On the other hand, “within 20 miles of my store,” or “my 2020 customer list for cold-calling” may have a better chance of being enforced.

Keep in mind that just because an agreement is specific doesn’t mean it’s definitely reasonable. If your specifics are simply too restrictive, the judge may not enforce the document. In most cases, using a time frame of more than two years is probably not a good idea, but timeframes also depend on varying circumstances.

Geographic locations should also be reasonable. If you have one store in Port St. Lucie, saying your employee can’t get a similar job anywhere in Florida for two years might be unreasonable. However, if you have a chain of stores throughout the state, this might be perfectly reasonable. Smaller areas are usually more enforceable than larger ones, unless your company is very large and the training or information involved is extremely extensive.

These are all factors your non-compete lawyer will take into consideration when drafting your contract. For example, let’s say you have a custom boat detailing business and you need to hire someone to help with the work load. You will need to spend a lot of time training this person how to detail boats, do custom jobs, etc. Even once the initial training period is over, you may sometimes teach them new techniques as different customer situations arise. There may be specific methods you use for detailing that your competitors don’t. If this is the situation, you may not want to train a new employee to provide this level of service only to have them take all that knowledge and start a competing business. In this case, you might want them to sign a restrictive covenant.

If your business is based in Port St. Lucie but you occasionally get customers from elsewhere in Florida, and a few from out of state who are visiting Florida, can you stop your employee from starting a boat detailing business anywhere in the country? The ultimate answer is most likely not as this may not be considered reasonable. Reasonably, you could ask them to agree not to work for or create any boat detailing business in Port St. Lucie for the next two years. If you have a lot of business from just outside the city limits, you may talk with your attorney about extending the area somewhat—say a 30-mile radius of the city. This will likely cover a large percentage of your business.

What is a trade secret or protected information?
The statutes on this are complex. Not everything an employer believes to be a trade secret really is. For example, many people think their customer lists or phone lists for cold-calling are trade secrets. But today the same info may be readily available on the internet. If you purchased a list of leads from another company that anyone else can buy from, a judge may not agree that your customer list is a trade secret. Likewise, if you train your employees how to do a task, but they could learn the same thing from a YouTube video, your training may not be as specialized as you think. On the other hand, if you paid a consulting firm to do very specific research on potential customers for your firm only, that may be considered a trade secret.

If you’re unsure about whether you can prevent an employee from using something they learned on the job in another position, your Florida non-compete lawyer may be able to advise you on the situation.

There may also be issues with employees cultivating relationships with buyers or other businesspeople who might follow the employee to another company. This is especially true with sales representatives and other people who work directly with the same customers on a regular basis. You may want to specify that an employee can’t poach customers they only have a relationship with through your company if they decide to leave. These clauses are sometimes difficult to enforce because it may be hard to prove why a customer stopped working with your company. However, if a former employee has or works for a new, similar business, and you’ve noticed a lot of your former customers seem to be shopping there, you may want to talk with your attorney about your options.

What if I signed a non-compete agreement but I don’t think it’s fair?

In general, it’s always better to consult your business lawyer before signing any contract. This is a legally binding document that may affect your ability to make a living in the area where you currently reside for some time. The fact that a contract is restrictive isn’t always a deal breaker—often, people just starting their career like the idea of moving to another area in a few years or may have plans to move when a significant other finishes school. However, it is still important that you fully understand what you’re agreeing to and give it due consideration before signing. Your attorney can answer any questions you have, and advise you on whether the contract is unreasonably restrictive. In some cases, they may be able to suggest a revision if you want to negotiate the offer with a potential employer.

So, are you out of luck if you’ve already signed a non-compete agreement? Not necessarily. Aside from the question of whether the agreement is reasonable, there may in some cases be other reasons your lawyer can argue against a court enforcing a restrictive covenant you’ve already signed. These include any illegal actions by the employer—breach of contract, illegal discrimination, illegal conduct, or asking you to perform illegal actions on the job. If you are having any concerns about a non-compete agreement you signed, your best option is to speak with a Florida non-compete lawyer right away. Your attorney will go over your contract and ask you questions to determine the best way to move forward.

What other situations might you need a non-compete agreement for?
Sometimes people only think about non-compete agreements in relation to their employees, but there are other situations where they may be needed. For example, if you purchase a small business whose owner is very popular with their customers, you might have some concerns.

Say you are thinking about buying Ron’s bait and tackle shop in Stuart. Ron does a pretty good job selling bait and other supplies to customers who enjoy fishing in the local waters. His company financials look great—the business is profitable. You think that with an infusion of cash and your knowledge of the industry, you can make it even more so. But what about Ron? What if he decides to open another bait and tackle shop down the road? If his customers see him setting up shop nearby, they might feel more inclined to take their business to his new store than yours, even if you are investing money in sales and advertising. After all, Ron has probably been giving them advice and asking about their families for years. He knows where they like to fish, what they want to catch, and what equipment they normally use. Because of this, the store’s clientele admire Ron’s knowledge and the rapport he’s built with his customers. Often, these things may prove to be more important to a shopper than the fact that another store’s bait is a few cents cheaper per ounce.

Now, maybe Ron told you he’s selling the store because he wants to retire and spend his days doing his own fishing. It doesn’t sound like this will be a problem, but it’s hard to predict what will happen. What if there’s an economic downturn and Ron’s retirement fund takes a serious hit? What if his spouse becomes ill and needs expensive medical care? Or some other financial situation forces Ron to think about going back into business?

These concerns can be addressed by asking Ron to sign a non-compete agreement as part of the sale. You will hopefully be speaking with an attorney about the sale paperwork anyway and adding this restrictive covenant will help you protect your business investment. By making the agreement specific to the location and type of business, your attorney will give you the best chance of being able to enforce your agreement. Plus, it will be less problematic for Ron if he isn’t planning to retire. He can still open a different kind of business, or a similar business in a manner that does not infringe on the non-compete.

What if I didn’t ask a former employee to sign a non-compete contract and now I think they’re poaching my customers for a similar business?
It’s certainly better to have a properly written non-compete agreement than not have one in these situations. However, depending on the situation, you may be able to sue for other reasons. For example, if a former employee stole proprietary information or is misusing your intellectual property, you may still have a case if you can provide evidence in court. If you’re having concerns about this sort of situation, it’s best to contact a Florida business lawyer sooner rather than later so you can understand your options.

If you need assistance with your non-compete agreement in Florida, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.
December 7, 2020
Is It Necessary to Hire a Wills Lawyer to Draft Your Will?

Putting your last wishes on paper is not as easy as it sounds. It can be emotionally draining to come to terms with finality of life, and mentally stressful to make sure you have dotted all your i’s and crossed all your t’s. However, hiring a wills lawyer can help make this task less daunting and ensure it is legally binding.

That being said, every state has varying legal requirements that must be met in order for the will’s integrity to be deemed valid–whether you wrote it on the back of a napkin over lunch or a lawyer formally drafted it.

“According to an AARP survey, 2 out of 5 Americans over the age of 45 don’t have a will.” – AARP
Whether you are 45 or 25, having a will planning attorney draft your will helps preserve your wishes and effectively direct your assets accordingly. In the event that an individual passes without a will, known as intestate, their belongings automatically fall under Florida’s default statutory rules.

If this happens, the State of Florida has set out rules on how assets are distributed, as such, the assets will first be distributed to those related to the deceased. You will see this described in the Florida statute as governing distribution of probate assets of those who die intestate.

Additional Florida Inheritance Rules

Florida has several additional inheritance rules that vary based on the circumstances. For example, assets are first distributed to the decedent’s surviving spouse, if there is one. If not, assets typically go to the decedent’s children and are divided among them.

If the decedent has no surviving spouse or children, their assets would be passed to their parents, siblings, or more distant relatives–in that order. There are some exceptions, such as homestead property, but the asset reallocation process for intestate estates will generally proceed in the aforementioned order.

Should You Hire a Wills Lawyer to Make Your Will?

Drafting a will can be filled with complexities, so it may be in your best interest to hire a lawyer to assist you. But, it is a delicate topic, and many individuals choose to write their own directive for their asset distribution.

If you choose to write your own, you will need to make sure that the writing of your will complies with certain requirements, including the need for it to be signed by you and witnesses while satisfying requirements of Florida law which, unless you are a lawyer or have substantial legal background, you may not be familiar with it. A few things you should be sure to include are the probate assets beneficiaries and the executor to administer the probate estate.

If you’re leaving everything to one person, writing your will on your own may work. However, most wills are more complex and require specific clauses that may not be addressed without the assistance of a wills lawyer.

Hiring a Florida will writing lawyer can help ensure that everything is in order and your will is prepared the way you want it, without missing anything.

“And while you’re working on your will, you should think about preparing other essential estate-planning documents. When you create or update your will, that’s also a good time to think about other advance-planning tools like financial and health care powers of attorney to ensure that your wishes are carried out while you’re still alive,’ says Naomi Karp of AARP’s Public Policy Institute.” – AARP

Should you choose to hire a will planning lawyer, it may behoove you to prepare a list of what you want to include (assets, heirs, etc.) in your will along with any questions you may have prior to meeting with an attorney.

Preserving and memorializing your wishes is important, and our wills lawyer team strives to ensure that each of our client’s wishes is ultimately carried out by counseling them and drafting their wills, trusts, powers of attorney, and health directives.

“A will is an important way you can stay in control over who gets what of your property, and by planning in advance you can also save your family time and money.” – Sally Hurme, an attorney with AARP

If you have questions pertaining wills, trusts, and estate planning, need assistance drafting any of the above mentioned documents, or have questions about any potential legal matter, contact Apfelbaum Law for a consultation.

November 30, 2020
What is a Probate Lawyer?

Losing loved ones is never an easy process, and ensuring assets are properly distributed in accordance with his/her will can be even tougher. That is where a probate lawyer in Florida can help.

Probate is a court-supervised process of finding and collecting the assets of a deceased person (called the “decedent”), paying the decedent’s debts, and distributing the remainder of the assets to the decedent’s beneficiaries. Some examples of assets include bank accounts in which a decedent may have an interest; a life insurance policy or retirement account payable to the decedent’s estate rather than a specific individual; or real estate in which a decedent may have an interest.

When you search ‘Probate lawyer Florida near me,’ you will be inundated with law offices that can help you. However, before selecting your attorney, you should have a better understanding of the scope of their work.

What Does A Probate Lawyer Do?

When an individual passes, they often leave behind unsettled debts and assets for distribution (with or without leaving a will behind). Probate lawyers are state licensed attorneys who work with the beneficiaries of the decedent to help settle the affairs they have left behind. Probate lawyers may also help with drafting wills, living trusts, estate planning, serve as an executor, and even advise on powers of attorney.

Can A Probate Lawyer Help When There Isn’t A Will?

Whether or not the decedent left a will, a probate lawyer can help, though their work will vary.
If an individual dies without a will, which is called “intestate,” the State of Florida distributes his or her assets to their “heirs”—people related to the deceased. In accordance with Florida statute, the state will govern the distribution of probate assets of those who die intestate. Florida has a list of additional rules regarding who inherits what under varying circumstances.

In general, assets are first distributed to the decedent’s surviving spouse, if there is one. If not, assets typically go to the decedent’s children and are divided among them. If the decedent had more than one surviving child, assets may be divided between the surviving spouse and the decedent’s descendants. However, if no surviving spouse or child can be found, assets would be passed to the decedent’s parents, siblings, or more distant relatives, and in that order. There are exceptions for things like homestead property, but the asset reallocation process for intestate estates generally proceeds in that order. You can view Florida’s intestacy laws here.

You may also find yourself in contentious situations over the decedent’s will or lack thereof. As a result, you may end up in probate litigation, which can be a strenuous and emotional process.

Hiring an experienced probate litigation attorney may help with challenging an estate plan—for example, contesting a will or trust that was improperly procured. A probate lawyer may also be able to help you with defending and upholding the decedent’s wishes and safeguarding the inheritance for his or her heirs.

Do You Need A Probate Lawyer Consultation?

Hiring a Florida probate lawyer can help you make sure everything is prepared the way you want and guide you through the probate process that may be suited for your circumstances. The attorneys at Apfelbaum Law can help you through the probate process and assist in probate disputes and litigation, whether the decedent had a will or not. Contact us for a consultation if you need assistance or have questions about any potential legal matter.

November 30, 2020
Estate Planning Lawyer: How to Find the Best One for You
Preserving and memorializing your wishes is important, and hiring an estate planning lawyer can help you do just that. However, not all of them work with the same tenacity and level of communication and expertise as others. Here’s how to find the best estate planning attorney for you.

As you may know, estate planning may continue past an individual’s last will and testament. Attorneys, like those on our team at the offices of Apfelbaum Law, are well versed in probate litigation, drafting trusts and living wills and a myriad of other areas that seep into the arena of estate planning.

Having years of experience in all these practice areas, we strive to ensure that our client’s wishes are ultimately carried out by counseling them and drafting wills, trusts, powers of attorney, and health directives.

3 Traits to Look for in an Estate Planning Attorney in Florida

With the large responsibility and role an estate planning lawyer plays, it’s important to find and hire the best one for your needs. The following are three traits to look for when searching ‘estate planning attorney near me.’

#1 Experience

The experience of your estate planning attorney in Florida will go a long way and can drastically affect how well your wishes are carried out. We mentioned that there are a myriad of additional legal areas that seep into the arena of estate planning, from probate law to trust administration.
The more experience an attorney has in these areas, the more skilled they’ll be at effectively carrying out your will and wishes to your beneficiaries. At Apfelbaum Law, we have a vast skill set and decades of experience in the following areas that may encompass parts of your estate planning, such as:
- Wills
- Guardianship
- Health Directives
- Power of Attorney
- Probate Law
- Probate Litigation
#2 Work Ethic

It’s important that the estate planning lawyer you hire will work efficiently and effectively for you. Our team at Apfelbaum Law always aims to attain the best outcome for you. Here’s what one of our clients have had to say about their experience with our team and our work ethic.

“I hired Nico Apfelbaum to handle a probate estate after having a terrible experience with another attorney who was not working on my case. The case escalated from simple into something more serious and complicated than first anticipated. Nico gave his full attention to, and prioritized my case so it could be completed as soon as possible. He explained processes to me and was fair in his billing. I would definitely recommend Nico Apfelbaum with confidence to anyone who needs an attorney.” – L.A.H.

#3 Clear & Responsive Communicators

Like we said earlier, an estate planning lawyer plays a variety of roles and works with a variety of personalities, making their ability to communicate an important trait. Many of our clients, in all different areas of law, have appreciated our responsive and transparent communications:

“Apfelbaum Law (or to be more specific, Nicolas Apfelbaum himself) is exceptionally cordial, very efficient, reasonably priced, and easy to work with. Client communication and responsiveness are superb. If our experience is any guide, you’ll be smart to entrust him with any real estate/estate planning matters you may have.” – W.Z.

“Nico and his staff were the best from inception to the conclusion of my family’s estate matter. I highly recommend the Apfelbaum Firm if you want a firm that is responsive, always available for questions and provides representation that is worth every penny.” – A.M.

Which Law Office Will You Trust to Handle Your Estate Planning?

There are several quality estate planning attorneys who are here to help you. However, each one works differently. The goal is to find the one that you feel best aligns with your goals and who you are most comfortable working with.
If you have questions pertaining to wills, trusts, and estate planning, need assistance drafting any of the above mentioned documents, or have questions about any potential legal matter, contact Apfelbaum Law for a consultation.
November 24, 2020
How Having a Florida Adoption Lawyer on Your Side May Help you
If you’re thinking about adoption—either as an adoptive parent or family, or if you’re considering placing a child for adoption—you may understand that it’s a very complex process. Some people find the mountains of paperwork overwhelming, while others are unsure what type of adoption would be a good fit for their situation. A consultation with a Florida adoption lawyer may help answer your questions, so you can make an informed decision about how you want to proceed.

What Does a Florida Adoptions Lawyer Do?

Adoption lawyers may fill several roles. Some focus exclusively on adoptions, but many also practice in other areas of family law. This can be helpful in some situations where you may not be sure if adoption is the legal remedy you need. For example, if you are caring for an ill relative’s child long-term and need the ability to make legal decisions for the child’s care, a guardianship may be more appropriate depending on the parent’s condition and prognosis. (We’ll talk a bit more about family adoptions later in this article.)

If you are a prospective adoptive parent or family, your adoption attorney may help you in several ways. In some cases, they may recommend you find an adoption agency or assist you in finding one, or they may help you pursue an independent adoption. They can also explain the process of a family or stepparent adoption if you are considering one of those options.

Your attorney will also assist you with those mountains of paperwork. This is a big relief for many of our clients as the forms can be complicated and confusing. One or more court appearances may be required to complete an adoption and your lawyer will appear and represent you in those hearings.

Some adoptions are very straightforward, and while they usually take months to be finalized, they may proceed without difficulty. In other situations, there may be issues that hold things up. In many cases, it may be as simple as a form that wasn’t filled out or filed correctly. There may be issues with the birth certificate and, depending on several factors, there may be a waiting period while the biological father is contacted. (Your Florida adoption attorney can answer any questions you have about your particular situation, including notice requirements.) Before the adoption is finalized, a social worker may need to complete a home study and file a report for the judge. Occasionally, issues come up at this point. Often, they can be addressed or remedied and the adoption can proceed as planned. Your lawyer can advise you on your options if you need to address a judge’s concerns for some reason or provide additional documentation.

Regardless of how smoothly the adoption process goes, it is always helpful to have an experienced Florida adoption lawyer at your side to answer questions and advise you on the process. Here are some general questions people commonly ask about adoption. Your lawyer can advise you on more specific issues.

What are the Requirements to Adopt in Florida?

Generally, you can adopt if you are an adult over the age of 18 and have the financial means to care for a child. You should also be physically capable of being an effective parent, and should not have any felony convictions.

Do I Need an Adoption Lawyer?

It is recommended to have an attorney to complete the complicated legal process. In some cases, people who go through an adoption agency will have a lawyer recommended to them by the agency. In other situations, you may want to find your own attorney and pursue an independent adoption without an agency (if possible).

Can I Advertise That I Am Seeking Adoptive Parents for a Child On My Own?

No, it is illegal for individuals to advertise that they are seeking to adopt or place a child for adoption. This is for the safety of everyone involved, including the child. Only licensed adoption agencies or attorneys may place such advertisements. If you want to pursue an independent adoption, your attorney can serve as your main adoption professional and assist you with the process.

Can I Begin the Adoption Process Before I Give Birth?

Yes, in Florida you may begin the adoption process as soon as the pregnancy is confirmed. If you are unsure what you want to do and considering your options, it’s a good idea to seek a free consultation with an adoption attorney. They will answer any questions you have about adoption and explain your options so that you have the information you need to make a decision. However, under Florida law, you can’t sign the final paperwork until several days after the birth, and the adoption usually won’t be finalized until months later.

Open and Closed Adoptions

In the past, most non-family adoptions were closed, meaning the adoptive and biological parents had no contact after the adoption, and in many cases, never met at all. Closed adoptions are still available today and are usually handled by a third party, such as an adoption agency or attorney. In some cases, religious or charitable organizations may also facilitate the adoption.

However, today, open adoptions are becoming much more common. In these situations, the birth parent/s meet with the adoptive family, often months before the birth. In many cases, the birth parent/s may choose the family they think is the best fit for the child. Sometimes, they agree to have some level of contact or interaction after the adoption, such as occasional updates or pictures of the child, or even contact when the child is older.

Open adoptions provide benefits to both families in many situations. They allow the child to grow up knowing something about their biological family. Some adults who were adopted in closed situations as children say the lack of information about their biological family was frustrating, and may even have strained their relationship with their adoptive family. An open adoption may also be helpful to the birth parent/s, who don’t have to wonder what kind of family the child was placed with if they picked the adoptive family themselves. Additionally, if the child ever needs answers about their medical history, or to find biological relatives for a transplant, etc., open adoptions make tracking down blood relatives and information much easier.

However, there are some situations where people prefer a closed adoption. Everyone is different, and while knowing the child’s situation may be better for some birth parents, others may find it easier to move on if they don’t know. There are also some situations where the biological parent may have concerns for themselves or the child’s safety. For example, someone who became pregnant as the result of an abusive relationship may be worried about the other biological parent tracking down and hurting the child. Survivors of sexual assault may not want any reminders of their trauma, or an adult child showing up and asking about their biological father. In cases like these, a closed adoption is still an option if you feel it would be best for your situation. Your adoption attorney can answer any questions you have.

Stepparent and Family Adoptions

Stepparent and family adoptions are very common. Often, stepparents form a strong bond with their spouse’s child or children from a previous relationship. In many cases, they may want to officially adopt these children so that they may have full parental rights. This is usually allowed as long as the stepparent is an adult, is married to a parent of the child, and doesn’t have a disability that prevents them from being an effective parent.

Your adoption lawyer will assist you with the paperwork necessary to petition for adoption of a stepchild/ren. In general, they will need to ask you or your spouse for the following information:
- The stepchild’s date and place of birth.
- Whether you want to change the child’s last name, and to what.
- How long you have been the child’s stepparent.
- The name, age, and physical address of the stepparent and how long they’ve been there (essentially, how long you have lived with the child).
- Your signature on a document saying you can physically care for the child. (Again, most disabilities won’t prevent you from doing so, but if you have any questions about this your attorney can answer them for you.)
- A statement about any parental rights that have been terminated in regards to the child. This is to determine if another parent’s consent is needed for the adoption. If the child’s other parent is alive, can be located, and hasn’t had their rights terminated, in many cases you will need their consent. However, there are many stipulations and situations where their consent may not be necessary. For example, biological fathers who were never married to the child’s biological mother usually only have parental rights if they have taken certain legal steps to secure them. If you have any questions or concerns about getting consent from another parent, your attorney can advise you on your options. If the other parent’s rights were already terminated, you will need the case number and date for the termination.
- You may need to write a brief statement of your reasons for wanting to adopt the stepchild.
Once you’ve answered these questions, your attorney will draft the petition and file it with the appropriate local court. At this time, they may also need to file some supporting documents. These include copies of any judgments terminating parental rights or signed consent from the other parent, documentation that the child was interviewed (depending on their age, this may not be necessary), and reports or recommendations the court has asked for. Unlike typical adoptions, the judge usually doesn’t ask for too many outside reports, such as those from a social worker, unless there is a specific concern they want to address.

Generally, what follows the filing is a notice to interested parties, such as the other parent if their consent is needed. If both parents have consented to the stepparent adoption, or one parent’s consent is not needed (such as in cases of parental rights termination, death, or incapacity), then this notice is unnecessary. In this case, the filing and hearing can happen on the same day if the court’s schedule permits it. If the judge finds everything is in order, they can approve the petition right away.

What are the Legal Implications of a Stepparent Adoption?

The other parent’s parental rights will be terminated, as will their obligation to pay child support. They will also no longer have any rights to make decisions for the child, visit the child, or have a say in how the child is raised. If the parent and stepparent later divorce, the stepparent may be responsible for child support.

The stepparent will now be able to make legal decisions for the child, such as decisions about medical care, or where the minor will go to school or live. They can also give the child their last name if they want. A new birth certificate will be issued for the child, naming the stepparent as their parent.

Family Adoptions

Another common situation is when someone wants to adopt a grandchild, or another relative’s child. Usually in this situation, there is some reason why neither biological parent is able to care for the child. They may be deceased, or incapacitated in some way. Physical or mental health difficulties, addiction, domestic abuse situations, poverty, lengthy prison sentences that encompass most of the minor’s childhood, and other issues may leave them unable to be an effective parent. In the case of grandparent adoptions, one common situation is that the biological parents are teenagers, and simply not mature enough, able, or willing to raise a child yet. Maybe they want to place the child for adoption but their parents don’t want the child raised outside the family so they offer to adopt the baby.

Grandparent or family adoptions carry less red tape than outside adoptions. Usually, there is no home study required and less paperwork. However, it’s still important to have the help of a qualified adoption attorney in case any issues arise.

You should also remember that the adoption terminates the biological parents’ parental rights. In some cases, if a biological parent is living, they may object to the adoption. Often in these cases, the grandparents want to adopt the grandchild because for some reason they believe the parent can’t care for the child. One situation we see a lot is when the parent/s are struggling with addiction and multiple attempts at recovery have been ineffective. This can be both emotionally and legally challenging as it may pit the grandparent against their own child in court. Many people find it difficult to explain to the court that they think their child is an unfit parent but, in some cases, they may feel it’s necessary to ensure their grandchild grows up in a safe and loving home.

Depending on the specific situation, there may be other alternatives to adoption that will lead to less legal friction. For example, a temporary legal guardianship of the child will allow you to make legal and medical decisions for them, enroll the child in school, etc. In this case, the parent’s rights will not be terminated, and if they become able to care for the child in the future, they may have the legal right to do so. Some grandparents prefer this option if they are hoping their child will recover from their addiction, illness, or whatever is preventing them from being a parent. However, if this doesn’t happen, a grandparent who has legal guardianship can usually apply to adopt the child later if it becomes clear the parent is highly unlikely to ever be an effective parent.

There are also sometimes situations where a parent has essentially abandoned their child by leaving them with a relative and disappearing with no contact. Even if the parent hasn’t been heard from in a long time, this may slow down the adoption process. Typically, the court will want to make an effort to find the parent before approving an adoption. In many cases, if the parent isn’t readily found after a reasonable search, and has been out of the child’s life for some time, the judge will proceed to terminate their rights and approve the adoption.

Many people are unsure of what legal remedy they need when caring for a relative’s child long-term. Your attorney will ask you questions and explain your legal options.

If you need assistance with adopting or placing a child for adoption, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.
November 22, 2020
How Can a Probate Litigation Lawyer Help You?

Surviving your loved ones and family members is never an easy journey. Adding a contested will to the mix only makes it that much more challenging. Here’s why hiring a Port St. Lucie probate litigation lawyer can help you.
There are plenty of time sensitive preparations that must be made when loved ones pass, which leaves plenty of room for things to slip through the cracks or get overlooked, including wills.

Wills are one of the more highly-contested areas of law in Florida. Surviving family members often try to use them to correct an array of injustices. This is just one of the many reasons why you should consider hiring a probate litigation attorney for these situations.

Why Hire a Probate Litigation Lawyer?

Typically, you would enter into Florida probate litigation after receiving a Notice of Administration, which is a formal document notifying the appropriate parties of the death, the filing of the last will and testament for probate.
It also states that if you have any objection to the validity of the will or other aspects of the probate proceeding, then specific probate proceedings must be filed within a certain amount of time or be forever barred.

4 Types of Probate Litigation

Contesting the will’s validity is just one example of why you may need to hire a probate litigation lawyer. However, there are a few other types of probate litigation of which you would benefit from hiring an attorney.

Administrator Appointments

This can occur when there is no will and the surviving family members are unable to agree on who should serve as the administrator. Disputing over who will serve as the administrator may result in a contested hearing, which may be when you may want to hire a probate litigation lawyer. Improper procedures and poor evidentiary support may allow the wrong person to gain control over the will and estate.

Executor Fee Disputes

This type of probate litigation happens when an interested individual believes that the personal representative has overcharged the estate.

Spousal Elective Share

This type of contest may occur when a surviving spouse claims his or her right to a portion of the estate.

Trustee Removals

In some cases, a will may form a trust, which can create a dispute over who is the trustee’s appointment.
If these situations sound similar to yours, you should consider hiring a probate litigation lawyer who can guide you through the best course of action, including procedures, supporting evidence and testimony.

Hiring an Experienced Probate Litigation Lawyer

Apfelbaum Law can assist and guide you through the administration of an estate after a person passes away, whether or not that person had a will. Our probate litigation attorneys can help you through the process and assist in disputes.

If you have questions pertaining to probate or about any potential legal matter, contact Apfelbaum Law for a consultation.

November 2, 2020
Do You Need a Drug Lawyer in Florida?

Do you or someone you know need a drug lawyer in Florida? While law enforcement officers have many protocols around these cases, oftentimes some procedures can get overlooked. Here’s how hiring a drug defense lawyer can help your case.

While many states tend to be more lax on drug charges, Florida is considered one of the stricter states for drug offenses, which can either be prosecuted as felonies or misdemeanors.

A few factors that play a role in the severity of the prosecution include the quantity of the substance and intent. Typically, the larger the amount of an illicit substance involved in the charge, the more likely the defendant will be charged with a felony. If large amounts of certain drugs are involved, even possession can sometimes be charged as a felony.

Because there are so many variables with these types of charges, hiring an experienced Port St. Lucie drug charge lawyer, like those on our team at Apfelbaum Law, can significantly affect the odds of a favorable outcome in your case.

2 Common Types of Drug Offenses

Not all drug offenses and prosecutions are equal. However, because Florida courts view drugs as the direct cause of most criminal activity in the state, they do have stricter laws surrounding drug offenses. Two of the most common drug offenses are possession and trafficking.

Possession

Drug possession is the lowest category of drug offenses. However, it can still carry strong penalties such as jail or prison time. This charge is exercised for individuals who aren’t producing/manufacturing, distributing, or selling a controlled substance. Rather, they have it in their possession for personal use.

The unfortunate reality is that this charge is often used against those who are suffering from addiction and may need help and treatment. If you or someone you know is in need of a lawyer for drug possession, contact our seasoned and tenacious attorneys at Apfelbaum Law.

Trafficking

This charge usually refers to a large, organized effort to acquire, distribute, and profit from drugs and may carry even lengthier prison sentences.

Drug trafficking is the intentional purchase, sale, manufacture, delivery, possession, or transportation of a Controlled Dangerous Substance (CDS) in excess of certain statutory limits, which vary depending on the particular CDS. It is often prosecuted as a felony, with sentences ranging from a minimum of three years in prison and a fine of $50,000 to life in prison without the possibility of parole.

How a Drug Crime Lawyer Can Help Your Defense

If you or someone you know is in need of a lawyer for drug charges, we’ll discuss your options and formulate the right strategy based on your specific circumstances.

Here are a few defense strategies you and our team may consider:

Evidence Suppression

Our Constitution affords you several protections, including the right to be free from unreasonable searches and seizures of your person and property. If law enforcement officers abuse their constitutional authority in obtaining evidentiary support against you, then that evidence may have been illegally obtained and may be subject to court suppression, and the State may no longer be able to prosecute your case.

Entrapment Defense

Often times, law enforcement will conduct a sting operation or use confidential informants to obtain evidentiary support for a case against you. There are specific rules that need to be followed when gathering evidence and if they went too far and coerced a person into committing a crime they wouldn’t have otherwise, that may be considered entrapment. Your attorney can best advise if this defense strategy is best for your case.

Youthful Offender

This strategy may be the better option for defendants who are younger than 21 and affords them eligibility to receive a lighter sentence. However, youthful offender sentencing is only available for crimes that aren’t punishable by life and that were committed by persons under 21 at the time of their sentencing. It’s important to remember that deciding to sentence someone as a youthful offender is entirely at the discretion of the judge.

Substantial Assistance

Many defendants may be reluctant to go with this defense strategy because they are not comfortable working with law enforcement to provide “substantial assistance,” helping them to arrest their friends, family or acquaintances. However, it is sometimes the only way to guarantee the defendant won’t go to prison.

Hiring a Lawyer for Drug Cases

The State of Florida is likely to prosecute to the fullest extent of the law individuals who have been suspected of drug possession or selling and distributing drugs. Hiring a drug crime attorney in Florida can significantly help your case.

The experiences and understanding criminal defense attorneys at Apfelbaum Law will put our skills, legal knowledge and trial experience to work for you. Contact us today for a consultation.

October 30, 2020
Apfelbaum Law Managing Attorney Nico Apfelbaum appointed Chair of the Nineteenth Judicial Circuit Professionalism Panel

Apfelbaum Law Managing Attorney Nico Apfelbaum has been appointed Chair of the Nineteenth Judicial Circuit Professionalism Panel for the 2020-2021 year.

The purpose of the Professionalism Panel is to review complaints, meet with attorneys who may have conducted themselves in a manner inconsistent with the Standards of Professionalism, and counsel attorneys on how to avoid similar inconsistent conduct in the future. The Professionalism Panel is independent of The Florida Bar and the judiciary.

“I’m honored to serve as Chair on the Professionalism Panel,” said Apfelbaum. “We take great pride in carefully reviewing each complaint we receive to ensure all attorneys maintain our standards of professionalism. I look forward to working with the Executive Board this year to uphold these important standards.”

The Professionalism Panel is composed entirely of attorneys who are volunteering their time. Any person may file a professionalism complaint against a member of The Florida Bar through the Nineteenth Judicial Circuit Professionalism Panel.

After graduating Cum Laude from the University of Florida, Levin College of Law, Apfelbaum began practicing law in Orlando, Fla. representing national and international businesses, investors and individuals in complex commercial litigation and business transactions matters. For a number of years, Apfelbaum practiced law at a large firm concentrating his practice in the areas of collections, creditors’ rights, business and UCC litigation, and a variety of other business and contractual matters – both transactional and litigation.

Apfelbaum then founded Apfelbaum Law, where he specializes in business and contract law, litigation, probate, wills and estates, and real estate law. Apfelbaum also served as President of the Port St. Lucie Bar Association and has been selected to Super Lawyers Rising Star from 2016 through 2019, and a Super Lawyer in 2020. Apfelbaum is Rated AV Preeminent by Martindale-Hubbell, which is the highest peer rating standard given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

October 23, 2020
Apfelbaum Law Attorney Sara Davis Serves Second Term on Florida Bar’s Professional Ethics and Diversity Inclusion Committees

Apfelbaum Law attorney Sara Davis has been re-appointed to serve a second term on The Florida Bar‘s Professional Ethics Committee as well as its Diversity and Inclusion Committee, for the 2020-2021 bar year.

The Florida Bar’s Professional Ethics Committee is charged with answering ethics questions from members of the bar concerning proposed conduct. The Florida Bar ethics attorneys issue informal advisory opinions, and these are reviewed by the Professional Ethics Committee. The Committee also publishes formal advisory opinions to guide bar members in interpreting and applying the ethics rules. They meet several times a year, and minutes and agendas from previous meetings are available on the committee’s website.

The Florida Bar’s Diversity & Inclusion Committee’s mission is to increase diversity and inclusion in The Florida Bar so that the Bar will reflect the demographics of the state, to develop opportunities for community involvement, and to make leadership roles within the profession and The Florida Bar accessible to all attorneys, including those who are racially, ethnically and culturally diverse, women, members of the LGBTQ community, and persons with disabilities. This committee also administers grant initiatives and programs in conjunction with local voluntary bar associations in order to support programs which encourage diversity and diversity training.

“I’m honored to continue to serve on the Diversity & Inclusion and Professional Ethics Committees of The Florida Bar,” said Davis.”Our work in the Professional Ethics Committee helps attorneys to better serve their clients while upholding important ethical standards, and I am proud to continue working with The Florida Bar in promoting vital diversity and inclusion initiatives within the legal profession through the Diversity & Inclusion Committee.

Sara Davis previously worked as an attorney for the 19th Circuit’s Guardian Ad Litem Program (GALP) after graduating Cum Laude from Florida State University’s College of Law. She was also one of the first employees of the Office of Criminal Conflict and Civil Regional Counsel in Martin County, Fla., where she worked primarily in the areas of dependency and mental health. Additionally, Davis was named to Voices For Children of Okeechobee and the Treasure Coast‘s Board of Directors in 2018, and was appointed last year to serve as the organization’s secretary. At Apfelbaum Law, she specializes in civil litigation and business transactions. She is also a past president of the Port St. Lucie Bar Association.

October 23, 2020
When and Why You May Need to Hire a Termination of Parental Rights Lawyer
Parenting goes hand in hand with a variety of obligations and responsibilities that aren’t necessarily agreeable for everyone’s lifestyle. There are several reasons why a person might choose to terminate those responsibilities. Here’s why you should hire a Termination of Parental Rights Lawyer if you’re considering this option.

If you want to discontinue yours or your partner’s parental obligations, you may have already learned it is not a cut and dry process. There are two types of rights that you can opt to terminate, parental rights and legal rights. For the most part, a child’s biological parents are automatically given both.

Legal rights are fairly broad and include the ability to be around your children, decide who else can have access to them, and make any other decisions regarding them.
Parental rights are having the legal right to make decisions regarding your child’s health and general welfare, their physical custody, visitation with them, and providing financial support for them. Additional indirect legal responsibilities of parenting include providing shelter, food, education, and healthcare.

How Can a Termination of Parental Rights Lawyer Help?

Each state is different but, in Florida, terminating your parental rights eliminates your legal rights and obligations related to the child. Hiring an attorney for termination of parental rights is beneficial and may even make it more affordable. It’s not always easy to end a relationship, especially a parent-child one. Due to the finality of the termination, the following may get challenging and messy:
- Cutting off the child’s rights to any inheritance, custody, visitation, and communication
- Being removed from the child’s birth certificate
- Ending child support
A Termination of Parental Rights Lawyer can guide you through the entire termination process and the challenges that may arise.

3 Common Reasons to Terminate Parental Rights

There are a number of reasons why people choose to terminate parental rights, three of which we’ve outlined below.
1. Abandonment
A parent is considered to have abandoned their child if they leave him or her in a location for an extended period of time and is unreachable after 60 days have passed. This indicates that they have abandoned their parental role and are not trying to form a bond with their child, resulting in the termination of their parental rights.
1. Incarceration
This doesn’t mean that if you’ve been incarcerated, your parental rights are terminated. Rather, if a parent has been in prison for a lengthy period of time, he or she may have their legal rights terminated while their parental rights are taken into consideration per the parent’s crime.
1. Abuse
Abuse is the third most common reason to terminate parental rights and is often, and easily, convoluted. This is often the most challenging termination due to its subjective nature.

Abuse is determined based on having a child’s well-being and health threatened, and it is measured on the severity of the physical, emotional, or mental abuse. Once the court has been petitioned, including the reasons why the parent’s rights should be terminated, and the petition has been reviewed, the court will schedule a hearing.

Hiring a Termination of Parental Rights Lawyer

The termination of parental rights can come with many challenges, both mental and emotional. The court heavily considers the severity and finality of what this termination means and tries to make the best decision for all parties involved, especially the child.

You don’t have to climb this mountain alone. Hiring a Termination of Parental Rights Lawyer can make a significant difference in the final outcome of your case. If you’re contemplating terminating yours or another parent’s rights, contact us today to learn how our team at Apfelbaum Law will tenaciously work by your side to fight for you.
October 23, 2020