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Author Archives: David Toback

estateplanning4

Changing Irrevocable Trusts By Decanting

By David Toback |

In law, it seems that there is never an absolute. Definites seem to always have exceptions, and loopholes abound in even the most seemingly common sense and unconditional language. So is the case with trust law. Irrevocable Trust Changes You may think that the term irrevocable trust means that the trust is, well, irrevocable…. Read More »

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EstPlan4

What Happens to Florida Property That Belongs to Those Who Live in Other States?

By David Toback |

Florida is a popular vacation area, a popular state for people to own vacation homes and timeshares, and a popular place to visit. As a result, it is common that people who live out of the state may own property located in the state. Those people may have wills, estates, or trust documents that… Read More »

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Marijuana

Medical Marijuana Faces Regulatory Hurdles and Employer Questions

By David Toback |

Many are aware that Florida passed an amendment to the Florida constitution permitting the use of medical marijuana. The relationship between doctors and patients and law enforcement has been the focus, but little time or attention has been given to the question of how the new laws will affect employers, and how accessible cannabis… Read More »

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Taxes

Tax Credits You May Not be Aware That You Had

By David Toback |

Despite the fact that nobody likes paying taxes, you’d be surprised at how many people pay more than they have to. Wherever you stand on the debate over whether we have too many or too few tax loopholes, the fact is that they are there for the taking, and they aren’t just for big… Read More »

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Business6

Judgments Don’t Go Away Even After Significant Time Has Passed

By David Toback |

Often, people who have what they perceive as no assets, or who for whatever reason opt not to defend a claim against them or their business, make the decision to allow a judgment to be entered against them if they are sued. They often perceive themselves as being “uncollectable,” or worse, they may have… Read More »

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Business5

Employers Risk Liability From Employees With Poorly Drafted Documents

By David Toback |

Florida is one of the most employer-friendly states in the country, allowing an employer to terminate an employee “at will,” for almost any reason, so long as the reason doesn’t run afoul of federal laws which usually deal with discriminatory purposes. But aside from that, employers can be unfair, irrational, arbitrary, or even hostile… Read More »

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BusLaw2

Public Filings Can Avoid Apparent Authority Problems

By David Toback |

Businesses that have employees usually delegate to those employees certain tasks and responsibilities. In many cases, employees need to speak on behalf of the company in order to carry out daily business functions. But not every employee is authorized to do everything for the corporation. For example, an employee may have the right to… Read More »

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EstatePlan4

Law Changes Make Health Care Surrogacy Easier

By David Toback |

Many are aware of how important it is to have a designated health care surrogate. A surrogate can be designated with a simple form, and can help make crucial health care decisions for you if you are incapacitated or simply in a position where you can’t make those decisions on your own. Changes to… Read More »

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BusinessLaw

Crowdfunding Laws Get More Favorable for Small Businesses

By David Toback |

Crowdfunding is the new way for entrepreneurs, inventors and business to raise money in a new economy. Campaigns that use crowdfunding have given rise to a new economy, where innovative products find their way to market, and where inventors who aren’t Fortune 500 companies can afford to get the financing to bring their ideas… Read More »

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EstatePlanning2

The Estate Protections of a Guardianship

By David Toback |

As people age or get ill, it is an unfortunate fact that mental ability starts to decline. In most cases, people may not be as sharp, but they will remain sharp enough to take care of their own affairs. But sometimes, whether due to injury or disease, the ability to make basic decisions about… Read More »

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