Author: Apfelbaum Martinez Law

A revocable trust is a document that allows you to manage your assets during your lifetime, and distribute them when you pass away. The creator of the trust is the “grantor” or “settlor,” while the person responsible for managing the trust assets is the “trustee.” The grantor or settlor can also act as the trustee, or can have some other person, bank or trust serve as your trustee. The reason this type of trust is “revocable” is because you can modify, terminate or make changes to it during your lifetime (as long as you are not incapacitated).
The trust needs to be “funded” with your assets, but not every asset may be suitable for a revocable trust. There may be asset protection questions or other issues you may want to address with your attorney when preparing a trust.
Revocable trusts have advantages over traditional wills (or can complement wills), and revocable trusts may help you avoid probate and save taxes at death. However, there are many factors that need to be considered before you decide if a revocable trust is suited for you or your loved ones.
If you are considering drafting a revocable trust, adding a revocable trust to your overall estate plan, or have other wills, trusts and estate planning questions, do not hesitate to contact Apfelbaum Law for a free consultation. We service Port St. Lucie, Fort Pierce (St. Lucie County), Jensen Beach and Stuart (Martin County), and surrounding areas.

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

For example, if the couple has minor children, a custody regime has to be decided: who the children will live with and what the visitation rights of the non-custodial parent will be.  Also, the economic aspects of a divorce should be determined: division of marital property, and spousal and child support.

It is very important at this critical moment when your future economic conditions will be determined (and, if you have children, your relationship with them) that you have the support and advice of a Florida divorce attorney to ensure that your rights are upheld.

Notwithstanding the filing of a divorce action, generally, the resolution of divorce can follow two paths: the negotiation of an agreement or the legal process of a contested divorce.

The negotiation of an agreement consists of meeting with the other party (with or without the help of a mediator) to determine the claims of each other, and try to bring the positions closer and reach a mutually acceptable settlement.  This solution is shorter and less costly, both financially and emotionally, than going through the whole process of a contested divorce.

However, it is very difficult for spouses to sit down and negotiate with each other while going through their divorce, which can lead to frictions or hostility resulting in the loss of opportunities to reach an agreement.  It is therefore important that negotiation is carried out with the guidance of a Florida divorce attorney, who not only has emotional objectivity of the situation but also has knowledge of the rights and obligations of each party, is accustomed to negotiating, and has experience in similar cases. The lawyer will advise you and will do everything possible to get you the best possible deal under the circumstances of your case.

When it is not possible to reach an agreement between the parties, it becomes a contested divorce.  This means that the case will be submitted to the Court and it will be a Judge who, after analyzing the arguments and evidence of the parties, will decide on the key aspects of the separation.

This process is likely long and complicated, and may also involve additional production of documents and confidential information, as well as allowing your divorce to be determined by a third-party: the Judge.  Temporary relief orders might be requested and granted, which can be immediate and continue until the end of the divorce.
Few divorce cases actually go to trial.  In most cases, the parties reach an agreement at some stage along the long process described above through the efforts of the professionals from both sides, mediators and the Judge, or as a strategic decision in the foresight of an adverse result in trial.

Each previous step can affect you later.  It is therefore essential that if you are thinking about the possibility of divorce, or have already made the decision, schedule a consultation with a divorce lawyer in Florida as soon as possible to receive legal advice on the laws that apply to your particular case.

Therefore, if you need the services of divorce lawyers in Florida, or have any questions about any possible legal matter, Apfelbaum Law can help you.  We provide legal services in Port St. Lucie, Stuart, Vero Beach, the Treasure Coast and throughout other Florida counties.

Contact Apfelbaum Law for a consultation to assist you in laying the foundations for a new chapter of your life in the most efficient and least traumatic way possible for you and your loved ones.

When franchising your business, you are creating a system that allows others (called “franchisees”) to operate a business using your name, operating methods and standardized processes.   In other words, the franchisee is buying the rights to operate a clone of your business.  Although this allows you to have a great deal of control and uniformity in terms of operations and services provided, creating and maintaining the franchise system is not an easy process.
Franchises are highly regulated by the Federal Trade Commission (“FTC”) and state laws.  For instance, the FTC delineates certain pre-sale disclosures and timing requirements (23 pre-sale disclosures at the time of writing this article), which necessitates extensive drafting and planning by the business, its accountant and lawyer.  Likewise, while Florida is not a registration or pre-filing state, Florida prohibits certain misrepresentations and imposes additional regulations for specific industries (such as recreational and motor vehicle dealers, beer distributors, and agricultural equipment).  A business considering the franchise route should also be wary of specific state laws such as those involving antitrust, deceptive and unfair trade practices, and non-compete laws.  Needless to say, taking your business to the franchise level may be a strenuous and expensive process, but the rewards may be worth it.
Business owners may want to consider other options when seeking to expand their business or contemplate investors.  Among those options are the creation of joint ventures, partnerships or the sale of membership interests.  It is important, however, that you consult with an attorney when considering those options as your business relationship may end up being an “inadvertent franchise” and, thus, subject to FTC and state law requirements – failure to comply with these may subject the business and its owners to civil and criminal liability.
If you are considering franchising your business, buying into a franchise, or seeking to expand your business, do not hesitate to contact Apfelbaum Law for a consultation.