Author Archives: David Toback
Benefits and Income That May Be Creditor Exempt
When we think of property or income that can’t be touched by most creditors, we tend to think of the more common ones, such as homestead property or an IRA. But there are many sources of income and assets that federal law protects from creditors (who aren’t collecting tax debts). Knowing about them can… Read More »
Out-of-State Trusts May Need to Be Revisited
Florida is a haven for incoming residents. Whether it’s young people coming to live on the water or retirees coming here to avoid the snow, Florida gets a lot of people moving here from other states. In many cases, those people may have executed trusts in the states that they left. When they come… Read More »
Don’t Make These Asset Protection Mistakes
Asset protection is not only a viable and recognized legal strategy to protect assets from creditors, but it’s also a very smart thing to do. Even if you aren’t a millionaire, you still may have assets that creditors could reach if a judgment were ever entered against you. That said, there’s good asset protection… Read More »
Out-of-State Powers of Attorney Should be Reviewed
Living in Florida, a destination for vacationers, those with second homes, and retirees alike, we tend to get more people coming into the state to live than leaving it. With that migration comes legal issues to deal with, especially for people who may have set up their legal and estate affairs in different states…. Read More »
Should You Include Attorneys Fees in your Contracts?
Your business relies upon your ability to enforce the contracts and agreements that it enters into. And while your business may draft an airtight agreement, with provisions that are favorable to you, you still may have an economic feasibility problem when it comes to going to court to enforce your agreement. That problem may… Read More »
Injury Lawsuits Can Live On After Death
In many cases, someone may pass away in the midst of a personal injury lawsuit, or even before one is filed, but at a time when one is expected to be filed. The interplay between personal injury law and estate or probate law can be complex, and family members of the deceased need to… Read More »
Muhammad Ali Estate Could Become Contested
As another world famous and world changing superstar passes away, this time Muhammad Ali, yet again come the reports surfacing of estate disputes, what the deceased intended, relatives coming seemingly out of nowhere to make claims, and reminders of how important it is to have an estate plan in place—even if you don’t have… Read More »
Could Coercion or Duress Affect Your Business Agreements?
The ability of our businesses to thrive—or just survive—often depends on the agreements and contracts they enter into. If those who agree to do something or pay something to our business are able to back away from their agreements, there would be no way for our business to properly function and budget. Obviously, there… Read More »
Lessons From Prince’s Estate Litigation
As anybody who follows the news knows, the estate of the rock icon Prince continues to be litigated in court, as issues and questions seem to arise regularly. In large part this is because Prince did not have a will nor any estate documents that anybody knows of. The publication Kiplinger recently ran an… Read More »
Florida’s Homestead Protections Affirmed in Recent Case
By now it should be clear that in Florida, a homestead is protected by creditors. But what happens when money from the sale of a homestead is placed in a bank account? The issue of whether these funds get the same protection as the homestead itself was the subject of a recent court decision…. Read More »
