Author Archives: David Toback
What Happens When You Inherit Property That’s Being Foreclosed Upon?
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
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
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
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
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
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 »
Late Marlin Jose Fernandez’ Estate Battles Provide an Important Planning Lesson
Another tragic death is resulting in an almost equally sad dispute over assets and distribution of an estate. The family of Former Florida Marlins ace Jose Fernandez, who died in a boating accident last year, is currently embroiled in an estate dispute, which is another reminder of how important it is to plan ahead… Read More »
The Benefits of a Living Trust
We hear a lot about the different kinds of trusts, and one kind that’s spoken about often is a living trust. Living trusts have a number of advantages, which make them beneficial for those who want tangible asset and estate planning advantages immediately. What is a Living Trust We normally think of a trust… Read More »
What “As Is” Clauses Can and Can’t Do For Your Business
Depending on whether you own a business or you are a consumer, or whether you’re a buyer or a seller, the two little words “as is,” can have significantly different impacts on you. Whether the words are your friend or foe, it’s important to understand the impact these words have on commercial transactions, and… Read More »
Why Paternity Matters in Estate and Probate Problems
Children born out of wedlock may face difficulties when making claims on estates that they feel they have an interest in. Where parentage is an issue, establishing paternity is thought of as a family law issue, but paying attention to these issues can have serious probate and estate consequences as well. The Right to… Read More »
