Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • BASICS OF FELONY DUI IN FLORIDA

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    Many people in Port St. Lucie, Stuart and the surrounding areas of the Treasure Coast are concerned about facing a DUI Florida felony charge if they have been arrested for driving under the influence (DUI). Under Florida statutes, DUI may be prosecuted as either a felony or a misdemeanor, depending on the circumstances of your case.

    What is Driving Under the Influence?

    People often associate DUI with drunk driving, but Florida statutes say that a driver can be prosecuted for DUI if they drive or “are in actual physical control” of a vehicle while under the influence of alcohol or any chemical substance. That can include illegal street drugs, legally prescribed medications, and, in some cases, over-the-counter medications or other substances (such as “huffing” canned air).
    Most Florida residents are familiar with the legal limit for blood alcohol levels (BAL), which is .08. But you do not have to have a BAL of .08 to be prosecuted for DUI. In court, the state just needs to prove that you were too impaired to safely operate a vehicle regardless of what your BAL was.

    So Will I Be Prosecuted for a Felony?

    In most cases, if this is a first offense or second offense charge for the defendant and there are no “aggravating factors” (like causing an accident or hurting someone), DUI is charged as a misdemeanor. First misdemeanor DUI penalties may include probation, education (DUI school), a fine of up to $1,000, up to six months in jail, and a six-month driver’s license suspension.
    There are also four common ways that you can be charged with a DUI Florida felony:

    • Third DUI Within Ten Years

    The State of Florida takes DUI charges seriously, but a judge may show some leniency toward a defendant who has made a mistake for the first time. But a prosecutor may charge a defendant with a third-degree felony for their third DUI charge in ten years. This may be punishable by up to five years in prison and a fine of up to $5,000. A judge could choose to give the defendant a lighter sentence, but judges often have less patience for repeat offenders.

    • Fourth DUI Offense

    A person convicted of a fourth DUI in any time frame, even if the last infraction was more than a decade ago, may be found guilty of a third-degree felony.

    • DUI Involving Serious Bodily Injury

    If an impaired driver causes an accident that leads to serious bodily injury, they can be charged with a third-degree felony. This includes situations where a passenger in the impaired driver’s car is injured. Depending on the situation, there may be additional charges. For example, if the impaired driver strikes a pedestrian or another vehicle and keeps going, they can be charged with leaving the scene of an accident as well. In addition to the usual penalties for third degree felonies, the defendant may also be ordered to pay for the victim’s medical expenses (keep in mind that even if the judge orders the defendant to pay for the victim’s medical bills, the victim may still sue the defendant in civil court for additional funds for pain and suffering).

    • DUI Manslaughter

    When an impaired driver causes the death of another person, this is a DUI manslaughter offense. DUI manslaughter is a second-degree felony, and is punishable by up to fifteen years in prison and a fine of up to $10,000. The defendant may also have to pay for the victim’s funeral expenses and any medical bills that occurred before they died of their injuries.

    Defenses to DUI Florida Felony Charges

    There is a wide variety of possible defenses if you are facing a DUI felony charge. Some people tell us they think their case is hopeless because of things like a BAL test over .08, or other potential evidence the State might have. This is not necessarily the case. In many situations, there are solid legal strategies for fighting a DUI charge. 
    Even if you receive a light sentence, a DUI felony conviction will stay on your criminal record forever, and could cause you problems with finding employment, housing, or educational opportunities. It could also interfere with your ability to access government benefits programs. If you’ve been charged with a DUI felony in Florida, contact a Florida criminal defense attorney immediately.

    Fourth Amendment Defenses

    The Fourth Amendment protects people from illegal search and seizure procedures by the government. As a result, this is sometimes used as a defense in criminal court if the defendant believes their rights were violated during the criminal investigation.
    Fourth Amendment defenses are common in DUI felony cases. There are many ways a person’s rights may be violated during a traffic stop. It’s possible that your rights were violated and you didn’t even realize it at the time. In fact, this is very common. Sometimes we talk to people about the circumstances of their arrest and realize there may have been errors in procedure that made the search or arrest illegal, and therefore inadmissible in court. The average person who isn’t a legal expert may not realize these things happened, or their significance. But an experienced Florida criminal defense attorney may be able to tell if their client’s rights have been violated by asking questions and examining the evidence.
    There are many ways in which traffic stops for DUI may not be legal. For example, an officer needs to have probable cause to pull someone over. If you were not driving erratically at the time you were stopped, the stop itself may not have been legal. Even if someone reported a car that looked like yours swerving all over the road, that doesn’t give the officer probable cause to pull you over, unless they personally observe you committing a traffic infraction. Simply swerving within a lane also isn’t usually probable cause.
    Many officers have dashcams in their police vehicles. In some cases, your attorney may be able to get the footage before your arrest to see how your driving appeared to the officer. If you did not appear to be driving dangerously or breaking any traffic laws, your lawyer may be able to argue the police did not have probable cause for the stop.
    There may also be issues with “random” stops or blockades. These are popular during holidays or on Saturday nights when many people are drinking. In order to conduct “random” stops, the police need to have a plan for how this is done to ensure all stops really are random. For example, they could plan to stop every sixth car that passes a certain point. If they don’t have such a plan, or don’t stick to it, that could allow for potential biases in choosing who to stop. If your attorney can find evidence that stops were not conducted randomly at the time you were arrested, they may be able to argue that your stop was not legal. 
    There also may be issues with the evidence the prosecution is offering against you. For example, many people are arrested because of the results of a breathalyzer test that indicate their BAL is .08 or higher. However, as with stops, the police have many procedures they have to follow when conducting such tests. 
    Your attorney will probably ask you questions to determine if any of your rights were violated when you were given a breathalyzer or other test for blood alcohol levels. Did you consent to the test? Did you refuse? Did the officer tell you to “keep blowing” after the initial test? Did they observe you for at least twenty minutes before performing the test, to ensure you didn’t eat or drink anything?
    Your lawyer may also look into other procedures. Was the breath testing equipment maintained properly by the department? Was the officer who conducted the test trained and qualified to do so? If the officers took blood samples, were these taken by a qualified professional? Was chain of custody followed appropriately, and were samples stored in accordance with procedures?
    If there were problems with any of these situations, your attorney may be able to argue the evidence against you should be inadmissible.

    Addiction and DUI Charges

    Sometimes clients tell us that their DUI arrest was a wakeup call, alerting them to the fact that they have a problem with alcohol or drugs, and that they want to get help. Acknowledging you have a problem and seeking help is always a good thing. However, going to jail can complicate a person’s recovery from addiction. Many prisons have group meetings for addicts, but you may need more intensive treatment when you first begin trying to get sober. Often, prisons are low on resources and you may not have access to all the care you need as you begin your recovery journey. Prisons may also rife with contraband like drugs and alcohol, and these can be tempting for someone trying to get clean. The stress of life in prison may also contribute to the urge to drink or use drugs.
    If you have been arrested for a DUI and want to deal with a drug or alcohol problem, your attorney may be able to work out a deal with the judge or prosecutor. There are diversionary programs available where participants are given education, counseling, rehabilitation services, and other opportunities to address their problem. These may involve community service, work requirements, curfews, or other restrictions. If you are able to meet all requirements, you may be able to avoid a conviction and permanent mark on your criminal record.
    If you need assistance with your DUI case, or have questions about any potential criminal or civil 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. 
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  • Apfelbaum Law's Nico Apfelbaum Selected for 2020 Florida Super Lawyers List

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    For more information contact:
    Nico Apfelbaum, Esq.
    772-236-4009
    451 SW Bethany Dr. | Suite 202
    Port St. Lucie, Florida 34986
    [email protected]
    Port St. Lucie, FL, January 12, 2020 – Nico Apfelbaum, founder and managing attorney of Apfelbaum Law, has been selected for the 2020 Florida Super Lawyers list, and is top rated in the areas of Business & Corporate law. This is an honor limited to only 5% of attorneys in Florida. 
    Super Lawyers is a service that rates attorneys in more than 70 practice areas who have a high degree of peer recognition and professional achievement. Attorneys can’t nominate themselves so the selection process begins with peer nominations, then moves on to peer evaluations, and independent research. Each candidate is evaluated on twelve indicators of peer recognition and professional achievement. The objective is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. 
    “I’m very pleased to be selected for the 2020 Super Lawyers list,” says Apfelbaum. “It’s a real honor, and I’m grateful to my entire team here at Apfelbaum Law for their hard work and dedication. Every day, we work to provide clients with exceptional legal representation, whether they need a Florida business lawyer or a Florida family law attorney. I’m looking forward to providing quality, personalized legal representation for our clients in 2020 and our continued growth.”
    Nico Apfelbaum is a cum laude graduate of the University of Florida’s Levin College of Law, who has received the Super Lawyers Rising Star award recognition from 2016 to 2019, and rising to Super Lawyers in 2020. He founded Apfelbaum Law in 2015 to provide dedicated and personalized Florida legal services to residents of Port St. Lucie, Stuart, the Treasure Coast, and throughout the state of Florida. Apfelbaum helps clients with a variety of personal and business legal matters, including family and divorce law, business and contract matters, Florida probate law, and real estate. The firm has offices in both Port St. Lucie and Stuart. For more information, please visit Apfelbaum Law at www.alawfl.com.
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  • Apfelbaum Law Attorney Sara Davis to Serve on Florida Bar's Ethics, Diversity Committees

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    Apfelbaum Law attorney Sara Davis has been appointed to serve on the Florida Bar’s Professional Ethics Committee, as well as its Diversity and Inclusion Committee.
    The Florida Bar’s Professional Ethics Committee is charged with answering ethics questions from members of the bar concerning proposed conduct. 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.
    “I’m honored to serve on these two committees,” says Davis. “The Professional Ethics Committee works to help answer questions for attorneys who have ethics concerns. Our goal is to help attorneys across the state become better lawyers.”
    The Florida Bar’s Diversity and Inclusion Committee works to increase diversity and inclusion in the Florida Bar so that the Bar will reflect the demographics of the state. Other goals include developing opportunities for community involvement, creating leadership roles within the profession, and ensuring the Florida Bar is accessible to all attorneys, including those who are racially, ethnically, and culturally diverse, women, members of the LGBTQ community and persons with disabilities. They also provide a Voluntary Bar Association Diversity Leadership Grant to support events and programs that encourage diversity, diversity training, and dialogue among Florida lawyers on a local level.
    “Supporting initiatives to increase diversity and training is an important goal for the Florida Bar,” says Davis. “We want Florida Bar leadership to reflect the diversity of our state so Florida lawyers are better able to serve all clients. I also look forward to working on the grant program, and helping local bars provide diversity education, training, and other events for their members.”
    Sara Davis previously worked as an attorney for the 19th Circuit’s Guardian Ad Litem Program 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, Florida, where she worked primarily in 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 recently elected to serve as the organization’s secretary. At Apfelbaum Law, she specializes in civil litigation, contracts, and business law. She is also immediate past president of the Port St. Lucie Bar Association, and Chapter Representative of the newly formed St. Lucie County Chapter of the Florida Association for Women Lawyers.
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  • When Can I Recover Attorney’s Fees in Florida

    When Can I Recover Attorney’s Fees in Florida

    If you win a legal case in Florida, you can request to get back the money you spent on court costs. However, recovery of attorneys’ fees in Florida is more limited. In order to recover attorneys’ fees in a litigation in Florida, there must either be an agreement that allows for it or a specific statute that provides for the recovery of attorney’s fees. When hiring a Florida attorney for any legal services, it’s important to discuss the possibility of recovering attorney’s fees and costs with them.

    Attorney’s fees in Contracts

    When creating a contract or agreement, it’s important for your Florida business lawyer or any other attorney handling your case to include a provision stating that the winning or prevailing party in a lawsuit related to the contract or agreement can recover their attorney’s fees.

    Alternatively, the attorney can specify that the party is entitled to attorney’s fees if they need to enforce the contract due to the other party’s violation. It’s also advisable to ensure that the provision regarding attorney’s fees is broad enough to cover the costs of litigation.

    If such provision is included in the contract, the court will decide who the prevailing party is and may award attorneys’ fees accordingly. Sometimes, both parties could be considered prevailing. Florida courts may use a test called the “significant issues” test to determine the prevailing party, which goes beyond simply looking at the monetary awards. It’s also possible that no party will be awarded attorney’s fees, even if they prevail in the case.

    On the other hand, if the contract at issue does not have a provision detailing attorneys’ fees, then each party may be responsible for its own fees.

    Apfelbaum Law has Florida business attorneys who can assist you with your contractual matters and other Florida legal services that may affect your entitlement to attorneys’ fees. If you have questions related to contracts, agreements, attorneys’ fees, or any other Florida legal services, please contact Apfelbaum Law for a consultation.

  • What is Non-Marital Property in a Florida Divorce?

    What is Non-Marital Property in a Florida Divorce?

    For the purpose of dividing assets during a divorce, assets are either categorized as marital or non-marital property. Non-marital or “separate” property involves everything that is not included in the marital estate; therefore, the court should not subject it to division in a divorce proceeding. Instead, whichever party owns the non-marital asset would keep it after the divorce.

    A Florida divorce attorney should be able to help you distinguish between marital vs. non-marital property, and guide you through a divorce proceeding when the characterization of property is in dispute.

    Non-marital property includes, but is not limited to, the following items.  

    Background information: What is Marital Property?

    Marital property in Florida includes assets and debts acquired during the marriage. Regardless of title, everything that was obtained during the marriage is considered marital property. For personalized guidance, consult an attorney.

    Assets Acquired Prior to Marriage

    Assets or property, such as houses, cars, or funds in a bank account, which a party acquired before the marriage are treated as non-marital property. They would not be divided as part of the estate and would remain the property of the original owner. If you held an asset prior to your marriage that has remained only in your name, and has never been used for the benefit of your spouse, it will likely be treated as non-marital.

    For example: if you owned a rental building before marriage and never mixed its profits with marital assets (e.g., a joint bank account or funding a new home with your spouse), it would likely be considered non-marital.

    Assets Acquired by Gift or Inheritance During the Marriage

    If one spouse receives an asset as an inheritance or a gift (from someone other than the other spouse), the court may consider it as non-marital property. Gifts received by one spouse before or during marriage that were not used for the advantage of the other spouse or placed in their name are considered non-marital property.

    Inheritances received before or during the marriage are non-marital property if not mixed with marital assets. To support this, the party must provide evidence of the inheritance or gift, including detailed financial records proving its source.

    For example: if you inherit $5,000 from your deceased aunt during your marriage, that money may be non-marital property. Similarly, if you use inheritance funds exclusively to buy an asset, like a new vehicle, and it’s in your name without benefiting your spouse, it may also be considered non-marital.

    Income from Non-Marital Assets

    Income from non-marital assets generally comes from rental property or other investments owned by one spouse before the marriage. As long as its owner keeps all earnings separate from joint accounts and other marital property, these funds are usually considered non-marital assets.

    Assets and Property Excluded by Agreement

    The court will uphold a prenuptial or postnuptial agreement in which both spouses agree to exclude specific property from being marital property.

    For example: If your prenuptial agreement states that you will be the only owner of any house purchased during your marriage, the court will honor that agreement, despite the general rule that assets acquired during marriage are usually considered marital property.

    However, to ensure a prenuptial or post-nuptial agreement is legally enforceable, it is advisable to consult a Florida Family Law lawyer who can assist you in meeting the required standards, laws, and rules. Contact one of our Family Law attorneys at Apfelbaum Law.

    Personal Injury Damages Awards

    What is it? A personal injury damages award generally covers the cost of medical care related to an accident, including reimbursement for past treatment as well as compensation for future medical expenses suffered as a result of the incident.

    During marriage, the way personal injury awards are classified (marital or non-marital) will depend on the reason they were given. Awards granted for loss of earnings are usually considered marital property, whereas awards for pain and suffering are considered non-marital assets.

    Other Considerations

    These rules generally determine what is non-marital property, but there are some special considerations. 

    Commingling of property happens when a spouse mixes non-marital assets with marital assets. 

    For example, you could deposit marital funds into a pre-marital bank account or use marital assets to cover the mortgage on a non-marital asset, such as a building purchased before the marriage. In these cases, if the parties can agree on whether their assets are marital or separate, the court will often accept their agreement. If the parties are unable to reach an agreement, the court will make the decision. 

    Apfelbaum Law has Florida Family Law attorneys who can help you with these and other divorce-related concerns. If you have questions or concerns about your assets, divorce proceedings, or any other Florida legal services, contact Apfelbaum law at (772) 236-4009 or contact us.

    Disclaimer: This publication is intended for general information only and should not be taken as legal advice. Individual circumstances may differ, thus it is advisable to consult with an expert or lawyer for personalized guidance. Please contact the author if you require special technical or legal assistance regarding the information given.

  • What is considered Marital Property in a Florida Divorce?

    What is considered Marital Property in a Florida Divorce?

    In Florida, divorce lawyers often encounter situations regarding the concept of marital property during divorce proceedings. Understanding what defines marital property is essential for protecting one’s assets both before marriage and throughout the divorce process. Likewise, knowing what constitutes non-marital property may also be a helpful guide. 

    While specific questions can be answered by a Florida divorce attorney, the following items are typically considered marital property in the state:

    Assets Acquired During Marriage

    Any property or asset obtained during the marriage is usually considered marital property, regardless of whose name appears in the title. Many people wrongly believe that putting assets only in their name ensures that they will keep full ownership after divorce. However, this is usually not the case; assets acquired during marriage, regardless of ownership, constitute marital property.

    Enhancement in Value and Appreciation of Non-Marital Assets

    Assets that one spouse owned before the marriage are generally considered non-marital. Nevertheless, if the value of such assets increases as a result of one or both spouses’ work or financial contributions throughout the marriage, the growth in value may be considered marital property. For example, if a spouse’s pre-marriage property increases in value as a result of renovations or improvements funded by both spouses, the increased value may be considered marital property.

    Interspousal Gifts During the Marriage

    Gifts given by spouses throughout the marriage are usually considered marital assets unless a party can demonstrate that the gift was made as independent, non-marital property.

    Certain Retirement Benefits

    Retirement benefits, like vested/non-vested funds acquired during marriage via retirement or insurance plans, may count as marital property. For example, if you had $20,000 in a 401K before marriage and gained $40,000 during, $20,000 remains non-marital, and $40,000 is marital property.”

    Other Considerations

    The situation in which non-marital assets become marital by being mixed with marital assets is referred to as asset commingling. For instance, depositing marital funds into a pre-marital bank account or using marital assets to pay the mortgage on a non-marital property can lead to commingling. The court usually accepts an agreement if both parties can agree on which assets are marital and which are not. But, in the absence of an agreement, the court will make the decision.

    The division of marital property can be complex, requiring the expertise of an experienced Florida Family Law attorney to ensure a fair and equitable distribution of assets during the proceedings. If you find yourself facing a divorce, seeking legal advice will help safeguard your rights and interests throughout the process.

    Contact us here or at 772-236-4009 today for a consultation regarding your divorce case. Our team of skilled divorce attorneys commits to assisting you in achieving the best possible resolution. Schedule your consultation now and take the first step towards a brighter future.

  • Prostitution Arrests and Family Law in Florida

    Prostitution Arrests and Family Law in Florida

    Over the last few years, there have been many headlines about arrests after human trafficking stings as well as related arrests for solicitation and prostitution charges – particularly in Martin, St. Lucie, Indian River, and Palm Beach counties. 

    In one case, the Martin County Sheriff’s Office arrested two women after an eight-month human trafficking investigation. The women allegedly ran a chain of spas and massage parlors as a front for a prostitution operation and were charged with operating a house of prostitution, permitting prostitution, money laundering, and racketeering. As a result of the investigation, police uncovered about 100 “end users” who received sexual services at the spas.

    Penalties for Prostitution Arrests

    Under Florida law, these end users could be charged with solicitation of prostitution or worse.

     If convicted of solicitation charges, the penalties may include some of the following:

    • Up to a year in prison
    • Probation for up to a year
    • A $5,000 fine
    • Taking a prostitution and human trafficking course
    • Performing community service. 

    If the defendant has a record of criminal convictions, the probability of facing jail time increases.

    Solicitation Charges and Divorce Proceedings

    Prostitution charges can strain marriages, leading to divorce considerations when infidelity is revealed. Often, after an investigation like the ones in Martin County and Palm Beach County, divorce attorneys receive calls about divorce and custody issues. 

    Florida is a “no fault” state, meaning anyone can ask for a divorce at any time and it is not necessary to prove it was either partner’s fault. However, proof of infidelity can sometimes affect property division or timesharing with the children. Florida family courts usually try to divide property as equally as possible but, in some cases, infidelity may affect distribution.

    Solicitation Charges and Custody

    During divorce proceedings, Florida courts attempt to act in the best interest of the child. Although adultery is not an enumerated aspect in determining a child’s best interests, the judge will take into consideration each parent’s “moral fitness.”

    A conviction for charges of a sexual nature may negatively impact the judge’s views of a person’s “moral fitness.” Depending on the circumstances, the judge may decide the child should spend less time with that parent.

    Conclusion

    If you have any questions or concerns about Florida family law, divorce, child custody, or have received a warrant or summons in relation to solicitation of prostitution, or other criminal charges, please contact Apfelbaum Law for a consultation. Contact us at 772-236-4009 or contact us.

  • Apfelbaum Law's Nico Apfelbaum is Super Lawyers Florida Rising Star for Fourth Year in Row

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    Nico Apfelbaum, founder and managing attorney of Apfelbaum Law, has been selected by Super Lawyers as a 2019 Florida Rising Star, and is top rated in the areas of Business & Corporate law. This is his fourth consecutive year to receive the distinction.
    Super Lawyers is a service that rates attorneys in more than 70 practice areas who have a high degree of peer recognition and professional achievement. The selection process starts with peer nominations, then moves on to peer evaluations and independent research. Ultimately, only five percent of attorneys are selected to be listed on Super Lawyers, and no more than 2.5 percent are chosen as Super Lawyers Rising Stars.
    “I’m very pleased to be selected as a Super Lawyers Florida Rising Star for the fourth year in a row,” says Apfelbaum. “It’s a real honor and I want to thank my entire team here at Apfelbaum Law for their hard work and dedication. Our goal is to provide clients with exceptional legal representation, whether they need a Florida business lawyer or a Florida family law attorney. I’m also excited to begin another year of providing quality, personalized legal representation for our clients.”
    Nico Apfelbaum is a cum laude graduate of the University of Florida’s Levin College of Law. He founded Apfelbaum Law in 2015 to provide dedicated and personalized Florida legal services to residents of Port St. Lucie, Stuart, the Treasure Coast, and throughout the state of Florida. Apfelbaum Law helps clients with a variety of personal and business legal matters, including family and divorce law, business and contract matters, Florida probate law, and real estate transactions and closings. The firm has offices in both Port St. Lucie and Stuart. For more information, please visit Apfelbaum Law at www.alawfl.com.
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  • Benefits of Hiring Real Estate Lawyer

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    Benefits of Hiring Real Estate Lawyer

    The process of selling a house or a condo in Florida can be a hectic and intimidating task. You could find yourself tangled in different forms of paperwork. The entire process can be very challenging as you look to fulfill the requirements and basic necessities per Florida law. The documentation for the buyer and seller can take some extra time if the lender is provided with the mortgage.
    However, if you are looking to avoid or at least attempt to minimize all the hassle and trouble when buying or selling your house or real estate, you should look to acquire the assistance of a Florida real estate attorney. With the help of a Florida attorney, you could get through the entire procedure in a swift and efficient manner.

    Benefits of Hiring a Florida Real Estate Lawyer

    With the help of an attorney, you will be able to focus on the important aspects of the real estate transaction rather than worrying about the overall procedure of paperwork and documentation. The major aspect of your decision-making process will be taken up by your real estate lawyer who will be responsible for the entire process to go smoothly according to your plans and understanding.
    The following are some of the major benefits of hiring a Florida real estate lawyer:
    Handling of the illegal additions and improvements on the real estate
    In some instances, the buyers cite illegal additions or improvements on the property to be sold. Some issues such as these would be the responsibility of the seller to undertake. However, in some cases, buyers or sellers could take advantage of you if you are not aware of the rules and regulations. If you have a Florida real estate lawyer who is well aware of handling such situations, you won’t have to worry about any legal aspects of the transaction.
    Legal implications if your location of interest is out of town
    If you are looking to acquire a real estate that lies out of your town, you may feel more comfortable having an attorney overseeing the transaction. For example, many clients are located outside of Florida looking to either move their lives to Florida or have a vacation home in Florida. Being out-of-state, these clients seek the assistance of a Florida real estate lawyer to assist them through the real estate transaction and to protect their interests. Further, out-of-state clients may not be familiar with Florida laws and the Florida counsel would be able to guide them. Thus, under the guidance of an attorney, you will be kept aware about your rights and responsibilities, therefore, you avoid any unforeseen consequences in the future.
    Legal implications of buying and selling of the commercial property or real estate
    If you are looking to buy or sell a commercial property, you need to understand the legal concerns surrounding the sale of a commercial property such as a shopping plaza, apartment buildings, factories, warehouses, etc.
    The buying and selling of a commercial property or real estate is always different and more ambiguous compared to that of the residential property or real estate. It is one of the many aspects where a Florida real estate lawyer will benefit you majorly. The following are some of the legal aspects that may be handled by your Florida real estate lawyer:

    • Processing of corporate ownership
    • Management of environmental issues
    • Structuring of financing
    • Handling of claims by the tenants
    • Appraisal of the commercial and residential property or real estate

    A major worry for buyers and sellers of a property is an accurate appraisal. If you are looking to sell a property and the property has been appraised lower than its original value, you are destined to suffer losses. If you, as a buyer or seller, feel that the property has not been properly appraised, your attorney will help you identify your rights to address the issues of appraisals. In this case, you will be able to identify and correct the inaccuracy of the appraisal reports and recover any money that you could have lost.
    Apfelbaum Law has Florida real estate lawyers who are always available to provide you with the best legal services in the process of assisting you through the purchase or sale of your property. At Apfelbaum Law, we look to provide you with personalized and dedicated legal services.
    If you have questions or concerns about contracts, business law, real estate, or other legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or [email protected]. We have offices in Port St. Lucie, Stuart, and serve clients throughout the Treasure Coast and Florida.
    Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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  • Florida homestead exemptions. Protect you from creditors

    Florida homestead exemptions. Protect you from creditors

    In Florida, property ownership comes with many benefits, but it is an expensive endeavor that deserves as many protections as possible. Fortunately, the Florida legislature has acknowledged the importance of safeguarding your investment in your primary home. Under Article X, Section 4 of the Florida Constitution, the Florida legislature has ensured protections for Floridian homes in the form of homestead exemptions. 

    This article will explore the requirements necessary to establish a homestead and the protections it provides for your primary home. Seeking guidance from a Florida real estate attorney is advisable for establishing or determining the applicability of homestead to your property.

    What is necessary to protect your house under Florida homestead protection from creditors?

    To establish homestead protections for your primary residence, you have to: 

    • Be a natural person
    • Be a permanent and legal resident of Florida
    • Own the property
    • Comply with size and contiguity requirements.

    Natural Person

    It may sound strange, but to qualify for homestead protection in Florida, the property owner must be an individual. Property ownership can take various forms, such as through a company or trust. However, if you want homestead protection, it’s usually necessary to own the home under your name (certain exceptions may apply, and a home in a trust may be able to avail itself of the homestead protection).

    Consulting a Florida real estate attorney can help you determine the best ownership type for you.

    Resident

    To qualify for homestead protections in Florida, you need to be a resident. This means showing that your property is your or your family’s permanent residence. Even if you’re not always at home, you can still claim the homestead exemption if it’s your primary residence. It’s advisable to consult a Florida real estate attorney to ensure you meet this requirement.

    Owner

    While this requirement for homestead protection may seem straightforward, it’s important to discuss the details with a Florida real estate attorney. For instance, being married to the property owner doesn’t automatically grant both spouses homestead protection. To qualify, there must be a possessory interest in the claimed property. Also, there are different types of ways to own your home. For instance, one may have a life estate or be a common tenant in a home. It’s advisable to consult your Florida attorney to ensure that your property ownership maximizes your legal protections.

    Size & Contiguity. 

    The size and contiguity requirements depend on whether your home is in a municipality or outside of one. If your property is within a municipality, the exemption applies to the first 1/2 acre. If it’s outside a municipality, the exemption covers the first 160 acres. However, even if your property is larger than these limits, you can still receive homestead protection, but only a portion of it would be exempt. It’s also important for the exempted portion to be connected to the rest of your property (contiguity requirement). You will be able to determine whether your property qualifies in size for a homestead exemption with the help of a Florida real estate attorney.

    Why is this a Double-Edged Sword?

    Homestead exemptions offer protection for your home from creditors, but there are important aspects to consider:

    • One Property: You can only have homestead protection on your primary residence, which means protection is limited to one property in the state of Florida.
    • Protection Limitations: Homestead protection doesn’t shield your home from being sold in certain cases, including, but not limited to: 
    1. Mortgage: If there is a mortgage on the property. 
    2. Property Taxes: If there are outstanding taxes owed on the property.
    3. Mechanics Liens: If there are liens related to work performed on your property.
    • Establishing a homestead: You must take the necessary steps to establish your home as your homestead. Your Florida real estate attorney can provide guidance on this matter.

    Remember, homestead protection safeguards your home under specific circumstances, but it’s essential to understand the limitations and consult with an attorney to establish and maintain your primary residence as your homestead.

    If you have questions or concerns about homestead exemptions, real property law, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or [email protected].