Law Office of Michael D. Weinstock, P.ALaw Office of Michael D. Weinstock, P.A2026-03-25T16:59:18Zhttps://www.michaelweinstock.com/feed/atom/WordPress/wp-content/uploads/sites/1304324/2021/02/cropped-favicon-32x32.pngby Law Office of Michael D. Weinstock, P.A.<![CDATA[Florida Probate: What is it and what is included?]]>https://www.michaelweinstock.com/?p=474592025-11-12T11:29:00Z2025-10-10T18:30:24Z
Formal Administration
Summary Administration
Florida law also establishes a nonadministration proceedings called "Disposition of Personal Property Without Administration."
Why is Probate Necessary?
Probate is necessary to wind up the affairs the decedent leaves behind. Probate also serves to transfer assets from the decedent's individual name to the proper beneficiary. Florida has had probate laws in force since becoming a state in 1845. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will.
What is a Will?
A will is a writing, sign by the decedent and witnesses, that meets formal requirements set forth by Florida law. A will usually designates a personal representative and names beneficiaries to receive probate assets. A will can also do other things, including establishing a trust and designating a trustee.
To the extent a will properly devises probate assets and designates a personal representative, the will controls over the automatic provisions set forth under Florida law. In the absence of a valid will, of it the will fails in either respect, Florida law designates the beneficiaries and designates the way to select the personal representative.
What are Probate Assets?
Generally, probate assets are those assets in the decedent's sole name at death or otherwise solely owned by the decedent and which contain no provision for automatic succession of ownership at death. For example:
- a bank account in the sole of the decedent is a probate asset, but a bank account held in-trust-for (ITF) another, or held jointly with rights of survivorship (JTWROS) with another, is not a probate asset;
- a life insurance policy, annuity or individual retirement account that is payable to specific beneficiary is not a probate asset, but a policy payable to the decedent's estate is a probate asset;
- real estate titled in the sole name of the decedent is a probate asset (unless it is homestead), but real estate held as joint tenants with rights of survivorship or as tenants by the entirety is not a probate asset;
- property owned by husband and wife as tenants by the entirety is not a probate asset on the death of the first spouse to die, but goes automatically to the surviving spouse.
This list is not exclusive but is intended to be illustrative.
The Law Office of Michael D. Weinstock, P.A. handles formal and summary administration probate cases throughout the State of Florida and offers FREE consultations for probate matters. Please contact our office via email at aaron@michaelweinstock.com, telephone at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or text at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to discuss your probate case today.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[How will a DUI record affect your employment?]]>https://www.michaelweinstock.com/?p=474582025-11-24T06:50:19Z2025-08-15T09:15:32ZWill your DUI record limit employment prospects?
Employers in Florida conduct background checks to assess if you are a good fit for their culture and environment. This process often includes:
Criminal background check: This reveals your history of arrests and charges related to DUI.
Driving record check: This informs the employer about your DUI record as a traffic violation.
Through these verification steps, employers will learn about your existing case. This information could influence their decision to refuse your application due to the following circumstances:
The position is in a sensitive field, such as transportation, health care and child care.
The employer finds that your case could potentially put the business at risk.
While these reasons could be true for your case, some employers in Florida offer leniency and may still consider your interest in their available job openings.
Can you lose your job because of a DUI?
Florida employers practice ‘at-will’ employment, meaning that they can fire you at any time for any reason. They can decide if your DUI case, regardless of whether it is a misdemeanor or felony, threatens their company’s image or productivity, and terminate you on the spot.
What can you do to reduce the impact of a DUI on employment?
Compared to other states, Florida does not permit the expungement of DUI convictions. However, even if your charge stays on your public record permanently, employment is still possible.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[When do parents need pre-approval before moving with their kids?]]>https://www.michaelweinstock.com/?p=474502025-05-21T00:51:09Z2025-05-21T00:51:09ZWhen they are subject to a custody order
When the parents of a minor child divorce or stop living together, it is common to establish a shared custody arrangement. Parents share legal authority and work out a timesharing schedule where they each have their children for a certain amount of time.
Parents subject to custody orders generally need approval from the other parent or permission from the courts to relocate with minor children. However, minor moves do not require pre-approval. Only substantial changes in circumstance force parents to secure pre-approval for the proposed relocation.
When the move is a significant distance
If parents intend to move to a different neighborhood for cheaper housing or faster access to extended family members, pre-approval may not be necessary. Similarly, if a parent intends to take the children to a vacation destination for a few weeks during the summer, that move may not require permission.
However, any move lasting 60 days or longer that takes the children 50 miles or more from their current residence may require pre-approval. In some cases, co-parents can reach an agreement with one another that adjusts timesharing arrangements to reflect the new living circumstances of the parents.
If the parents do not agree on the need for the move or how to modify their timesharing, then it may be necessary to take the matter to court. A judge can review the situation to determine if the move is in the best interests of the children.
Planning well in advance is critical for parents proposing relocations involving children. People who understand the rules that govern shared custody and relocation requests may have an easier time obtaining permission for the changes they want to make to their lives.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[3 urban legends that put people at risk of a DUI charge]]>https://www.michaelweinstock.com/?p=474442025-02-11T23:43:10Z2025-02-11T23:43:10ZThe idea that sucking pennies fools breath tests
It is illegal to drive while noticeably under the influence. It is also illegal to drive with an elevated blood alcohol concentration (BAC). Drivers who may have developed a tolerance to alcohol may trust in their ability to drive but may fear that they could fail a breath test. People have long said that sucking on copper pennies can help an individual pass a breath test. There is no scientific evidence that validates the idea that sucking on pennies can help people pass a breath test.
The belief that coffee sobers people up quickly
People who have had one too many drinks while out for dinner or at a party often try to sober up before they drive home. Instead of giving themselves time to metabolize the alcohol they consumed, people may simply drink a few cups of coffee. Many people claim that caffeine or coffee in particular can help people digest alcohol more quickly. This urban legend also has little basis in reality. Coffee can help people temporarily feel more alert. However, caffeine does not affect blood alcohol levels in any meaningful way.
The assumption that counting drinks is enough
Many people assume that they can avoid DUI charges by monitoring their alcohol intake. They try to limit the number of drinks that they consume. Counting drinks can help, but limiting the number of beverages consumed does not automatically prevent an individual from developing an elevated BAC. Factors including how strong the drinks are, how much an individual has had to eat and how much time they give themselves to digest the drink after consuming it all influence whether or not they are likely to pass or fail a chemical test during a traffic stop.
Those facing DUI charges may need help developing a criminal defense strategy based on the details of their circumstances, and that’s okay. With the right support, it is often possible for people to successfully defend against pending DUI charges.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[3 key probate tasks that personal representatives must address]]>https://www.michaelweinstock.com/?p=474432024-11-12T15:24:50Z2024-11-12T15:24:50ZLocating a will
In some cases, those who have voluntarily agreed to administer an estate may be unaware of whether the testator provided a will or not. They may need to check online repositories, communicate with lawyers who worked with the decedent and search their home for documents. Making an effort to find and validate a will is a key step toward upholding the legacy wishes of someone who recently died.
Properly securing estate resources
People may have assets in a variety of different locations. Their residences often contain the vast majority of their assets. They may also have financial accounts, safety deposit boxes and even storage units that hold some of their more valuable assets. Personal representatives often need to look over estate planning documents and financial records to determine where various estate resources are and secure them against theft or misuse by others.
Communicating with interested parties
The probate process begins when the probate courts acknowledge a personal representative. The representative then needs to communicate with those who may have an interest in the estate. Named beneficiaries, likely heirs and even creditors may require written notice about estate administration from the personal representative. They may also need to manage estate assets so that they maintain their value before liquidation or distribution to beneficiaries. There are financial obligations and taxes to consider as well.
Those serving as personal representatives often need help fulfilling their probate responsibilities. Securing support early in the probate process makes it easier for estate representatives to fulfill their obligations without major mistakes or oversights.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[When is possessing a prescription drug a crime in Florida?]]>https://www.michaelweinstock.com/?p=474422024-08-19T15:05:44Z2024-08-19T15:05:44ZWhen they don't have a prescription
Legally possessing a controlled substance is only possible with a valid prescription. A doctor has to determine that the medication is necessary for someone's treatment and write a recommendation prescribing the drug.
Patients typically need to keep their prescription medications in the packaging provided by the pharmacy to avoid questions about the legality of the substance and the validity of their prescription. People caught with a prescription drug for which they do not have a current recommendation could face arrest and prosecution.
When they secure the drug from another source
Even those with valid prescriptions can still violate state law. They might want more refills than their doctor authorized or might accept unused medication from someone they know who had the same prescription previously.
If the state can prove that someone purchased their medication on the unregulated market or possessed medication prescribed to someone else, then a valid prescription may not protect them from prosecution. Even gifted medication received from a family member is illegal to possess and use.
Although prescription medication can be very expensive, especially when people don't have the best health insurance, patients who try to find unregulated sources of medications put themselves at risk of criminal charges. Sometimes, even small mistakes like transporting another person's medication or moving medication into a different container can lead to arrest and criminal charges.
Learning more about how to comply with the law related to prescribed medication can be beneficial for those facing medical challenges. Seemingly minor mistakes can lead to drug charges that can forever change the course of an individual's life.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[Communicating with creditors is a key probate obligation]]>https://www.michaelweinstock.com/?p=474412024-05-15T01:16:23Z2024-05-15T01:16:23ZThey must communicate with creditors in writing
Simply calling a customer service hotline to notify a company about someone's death does not fulfill a personal representative's responsibilities. There are technically two means of notifying creditors required under Florida state law.
Personal representatives overseeing financial matters typically need to identify known creditors and provide them with notice of probate proceedings as soon as possible. Credit card companies, student loan lenders and even medical creditors are easy to identify after reviewing someone's mail and financial records. A personal representative should make every reasonable effort to identify and communicate with known creditors.
They also need to publish official notice about estate administration in a local newspaper. Florida law requires at least two consecutive weeks of published notice to ensure that unknown creditors learn about probate proceedings and have an opportunity to make a claim. They can submit a request for reimbursement for the outstanding balance of a debt or account. Typically, a personal representative needs to handle valid debts before they distribute any property to the beneficiaries of the estate.
Careful adherence to the statutory requirements for Florida probate administration are crucial for the protection of a representative of an estate. Learning about debt-related rules can help those overseeing probate proceedings minimize their personal liability.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[Three things to know before starting a divorce]]>https://www.michaelweinstock.com/?p=474392024-02-19T12:59:46Z2024-02-12T19:22:57Z#1: What are the legalities of the process?
Florida courts generally require all married individuals have a court sign off on a written agreement before the divorce is finalized, but the way each divorce gets there is different. For some, traditional litigation in a courtroom is the best option. For others, a form of alternative dispute resolution like mediation may make more sense while for still others a hybrid of both is best. Look into the options available and discuss the benefits of each with your attorney to help better ensure you choose the path that is best for your family’s future.
#2: What practicalities should I prepare for?
In addition to the need to put together a final divorce agreement, each couple going through divorce will also need to split their property. This includes assets and debts. Taking the time to gather necessary paperwork can save both time and money.
#3: What about the children?
Those who have children will also need to put together a parenting plan. This plan is not a one-size-fits-all deal. It will vary with each family’s needs and evolve with the age of the children. The amount of time each parent spends with a toddler, for example, is much different than the time spent with a teenager.
Although just a starting point, having a good grasp on these three questions can help any couple that is looking to move forward with a divorce take steps in the right direction towards a smooth transition to post-divorce life. The more we do to address these questions before and during the divorce, the less likely we are to have surprises after the divorce is finalized.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[3 ways the holidays lend themselves to drunk driving charges]]>https://www.michaelweinstock.com/?p=474322025-11-24T06:49:16Z2023-11-20T18:40:28ZMany celebrations involve alcohol
Many family traditions around the holidays involve alcohol. One family member may make a special dessert with rum that they add after baking so that it has a bit of a kick. Those traditions can be a lot of fun, but they can also put someone at risk of getting arrested for a driving under the influence (DUI) offense later in the day.
People often feel compelled to drive home
Even though a huge number of families get together around the holidays, many of them have single-day celebrations. The roads will have a huge amount of traffic leading up to lunchtime and again in the evenings because people travel to and from celebration destinations on the same day. The lack of overnight accommodations during holiday celebrations can very easily lead to people feeling like they must head back home, possibly just a little bit after they finish their last drink. They may even experience a rising blood alcohol concentration (BAC) on the way home because they don't give themselves enough time to metabolize the alcohol after consuming it.
Police departments are on high alert
There is more of a focus on catching drunk drivers around the holidays than on many other individual days throughout the year. The increase in drunk driving crashes associated with the major holidays often influences how local law enforcement agencies handle holiday scheduling. There is more of a focus on watching for drunk drivers around the holidays and possibly more officers out on the roads as well. Those looking for drunk drivers often find exactly what they expect, even if a motorist that they pull over has a seemingly reasonable explanation for erratic driving or unusual results on a chemical breath test.
Those arrested around the holidays for DUI offenses may need to review the state's evidence carefully with the assistance of an attorney while developing a defense strategy. After all, “It was the holidays!” is not a viable defense to impaired driving charges.]]>On Behalf of Law Office of Michael D. Weinstock, P.A.<![CDATA[Why could a breath test be wrong?]]>https://www.michaelweinstock.com/?p=474312024-02-19T12:59:57Z2023-08-21T16:54:18Zwill lead to a conviction. But a conviction is never guaranteed and there are numerous reasons why the test itself could be wrong.
Potential reasons for inaccuracy
Every case is unique, but here are a few potential reasons for inaccuracy in breath test results:
Calibration and Maintenance: Breath test devices require consistent calibration and maintenance. If a device is not properly calibrated or maintained, the results that it produces may be untrustworthy.
Operator Error: The person administering the breath test must follow proper procedures to obtain accurate results. Mistakes in the testing process, such as not waiting long enough between tests or not collecting a sufficient breath sample, can lead to incorrect readings.
Medical Conditions: Some medical conditions may impact the accuracy of breath test readings. Examples include certain diets, diabetes and acid reflux. These conditions may lead to the presence of substances in the breath that could interfere with alcohol measurement.
Mouth Alcohol: If a person has consumed alcohol recently or has alcohol in their mouth (e.g., from burping, regurgitation or using mouthwash), it can lead to elevated alcohol readings that do not accurately reflect the actual blood alcohol concentration.
Interference from Substances: Certain substances, such as mouthwash, breath fresheners or cleaning products, may contain alcohol or other compounds that could interfere with breathalyzer readings.
Instrument Limitations: While modern breathalyzer technology has improved, no device is perfect. Some older models or less advanced devices may have inherent limitations that affect their accuracy. Officers must use only approved models.
Individual Variability: People's bodies metabolize alcohol differently, so a standardized breath test reading might not accurately reflect an individual's impairment level.
It's important to note that while breath tests can provide a convenient and relatively quick way to estimate BAC levels, they are not infallible. If someone believes that a breath test result is inaccurate or does not reflect their level of impairment, they may have the option to challenge the result in a legal or administrative setting. If you are facing legal consequences based on a breath test result, be sure you understand your rights and options by seeking guidance as proactively as possible.]]>