Author Archives: David Toback
Gift Tax Can Help or Hurt You
Of all the ways to try to minimize tax consequences, and of all the more complex provisions of the IRS tax code, the gift tax may be the one that is most likely to trip someone up who thinks that they can outsmart the tax code. It is very tempting for someone with income… Read More »
All About the Blind Trust
During a presidential election cycle, interesting legal issues concerning criminal law, civil rights and social issues often arise. Rarely do estate planning topics enter the national debate, other than the occasional discussion of tax policy. But recently, the candidates and the media have been raising the issue of blind trusts. These trusts have long… Read More »
IRS Looks to End Popular Estate Planning Tool
Tax laws are very complex, as are IRS regulations. The tax code is often criticized as being overly complex, and every election year there are calls to simplify it. But sometimes, tax laws and proposed tax changes can be explained in normal real world terms. Such is the case with a proposed new IRS… Read More »
Businesses Should Give Thought to Succession Planning
Many people take time and effort to plan for what will happen to their family and their assets when they are gone. But you would be surprised to learn how many people fail to make arrangements for a certain class of people who also should be accounted for when making these kinds of plans:… Read More »
Property Owned by Married Couples Still Has Strong Protections
The tenants by the entireties (TBE) protection is one of the strongest that the law provides, and one of the clearest and easiest asset protection devices available. TBE is an exemption that protects assets that are owned jointly by a married couple from being taken by creditors. A recent case has not strengthened the… Read More »
Human Remains Can Be a Difficult Subject of Estate Disputes
Sometimes the law is ill equipped to deal with some of the most sensitive subjects in life, especially in the area of estate planning and probate, which deals with often painful and sensitive issues. Trying to fit the staid, cold provisions of law into the realities of human interaction can often lead to miserable… Read More »
Understanding the Death Tax
Presidential candidate Donald Trump recently gave a speech announcing that he would repeal the death tax. That immediately started a media frenzy about the death tax, a tax that in reality many people never even knew existed. No matter what side of the aisle you’re on or for whom you’re voting, Trump’s speech at… Read More »
What The Zika Virus Scare Can Teach You About Business Contracts
There are lessons in business and commercial law everywhere you look, even in places that seem the least obvious. You may think that the recent Zika virus scare in Miami has nothing to do with the law, or with your business. But in fact, hidden behind the scenes of the Zika virus scare are… Read More »
Spendthrift Clauses Can Protect Your Trust Benefits
As we know, creditors will do nearly anything to get their bills paid. Anything that you have, they will try to get. Yet, anything that you don’t have, but expect to receive later, they may try to get as well to satisfy outstanding debts or judgments. Trust Beneficiaries A common scenario involves someone who… Read More »
Are Your Contracts Illegal?
When entering into contracts, businesses want to make sure that the terms and provisions are airtight, so that the business can properly anticipate future revenue and hold others to the obligations that they agree to be bound to. Many contracts are longer term, and can last for a term of years. But as time… Read More »
