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David Toback, Attorney at Law
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Recent Blog Posts


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 |

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. So why can’t we do our will online? Electronic Will Act Passes Florida,… 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 »


Tax Consequences of Loans and Gifts

By David Toback |

When the bank loans you money, it’s pretty clear that it’s a loan. The bank will make sure of that by making you sign documents evidencing you’re taking out a loan. But sometimes the line between a loan and a gift isn’t so clear. Loans or Gifts? If Cousin Louis “gives” your business $50,000… Read More »


Free Speech Challenge of Advertising Regulation May Help Businesses

By David Toback |

As a business owner, you may not give much thought to first amendment free speech issues. But if you advertise your product, what you say to the public can be regulated by the government. The balancing act between free speech and regulation can be very delicate. Commercial Speech and the Constitution Commercial speech has… Read More »


Considerations When Including a Business in an Estate Plan

By David Toback |

When it comes to estate planning, some items are easier left and devised than others. Physical objects like cars or money or collections may take thought as to where they will go, but once the decision is made the process is pretty straightforward. But one asset may take more significant planning when it comes… Read More »

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