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David Toback, Attorney at Law
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Recent Blog Posts


You May Be Committing Usury Without Knowing It

By David Toback |

You have money to loan, and you want to find a way to make more. You find a business that needs some money, and you like that business. You set up a deal where you loan money, and in return, the business pays you significant interest. You’re not a loan shark, and not looking… Read More »


The Benefits of a Non-Profit Organization

By David Toback |

Contrary to popular opinion, nonprofit businesses and organizations are everywhere we look. While some are obvious, such as homeless shelters or social service agencies, others can look exactly like for-profit businesses, and may even fulfill some of the same needs and perform the same services as for-profit businesses. Nonprofit Misconceptions This is why when… Read More »


Estate Planning Issues with Bitcoin

By David Toback |

In case you hadn’t noticed, the value of virtual currency Bitcoin is going through the roof. This is just one fluctuation in the value of the currency, which has, during its short lifetime, both dropped in value dramatically and seen its value skyrocket in short periods of time. The operative word for Bitcoin thus… Read More »


Should You Name a Trust as a Beneficiary of Your IRA?

By David Toback |

So you have an IRA, and it has some value to it. Like other things that you may own, it’s an asset that needs to be planned for when you pass. Those IRAs may not automatically go to your beneficiaries, and in some cases, may be subject to creditor claims. How do you protect… Read More »


Florida Ready to Implement Electronic Wills

By David Toback |

FLORIDA GOVERNOR RICK SCOTT VETOED THE DIGITAL WILLS ACT ON JUNE 26, 2017.  We seem to do everything online, even the most important and vital aspects of our daily lives. We can obtain almost any document, manage financial transactions, obtain government identifications, and sign legally binding contracts all with the click of a button…. Read More »


Homestead Exemptions vs. Homestead Protections

By David Toback |

There’s a potential battle brewing in Tallahassee over homestead exemptions. No matter what side of the issue you’re on, the important thing from a legal standpoint is understanding that the media tends to mix two different concepts of what a homestead exemption means. Homestead Exemptions As we all know, our homes are taxed based… Read More »


What is the Earned Income Tax Credit?

By David Toback |

As numerous tax programs are discussed and Washington debates the pros and cons of various aspects of our tax code, one area that we seem to hear a lot about is the earned income tax credit (EITC). This tax credit is either a benefit to working families, or a provision of the code that… Read More »


What Happens When You Inherit Property That’s Being Foreclosed Upon?

By David Toback |

When a loved one passes away, often what is left to inherit is the loved one’s home. That home may have extraordinary sentimental value. Or, it may be where you are currently living, or where other family members are living. But what happens when that property has a mortgage on it? And what happens… Read More »


When to Consider a Special Needs Trust

By David Toback |

One of the most stressful aspects of taking care of a disabled loved one involves what will happen to them, and how they will manage their affairs, when their caregivers are gone. This is most often a concern for parents of disabled children, who want to make sure their child is cared for when… Read More »


Charging Orders Protect Multiple Member LLCs

By David Toback |

Getting involved in an LLC with business partners is a big decision. Many factors need to be considered. Usually, focus is put on the business itself—is it a viable idea? Will it make money? But sometimes we don’t give much thought to who we’re going into business with. If you’re going into business with… Read More »

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