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Author Archives: David Toback

Prince’s Family Engaged in Difficult Estate Fight

By David Toback |

We have often written about the importance of putting a will and other estate documents in writing, and about how doing so not only solidifies your wishes, but can avoid costly and contentious litigation between family members. It just so happens that the unfortunate passing of the music icon Prince is now revealing that… Read More »

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A Legal Lesson for Businesses is Hidden in Tom Brady Case

By David Toback |

An appellate court has upheld the suspension of New England Patriots quarterback Tom Brady. You may be wondering why this matters to you, unless you’re also an NFL quarterback. But hidden in this entire case is an important lesson to business owners. The Brady Case You may recall Brady was suspended by the NFL… Read More »

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Having a Cyber Attack Plan Can Avoid Legal Problems

By David Toback |

If your business is like most nowadays, you rely upon, if not completely depend on, your technology. Whether it’s local servers, or information in the Cloud, problems with hardware and software can completely stop a business in its tracks. But even worse than technological problems are technological problems that are a result of malicious… Read More »

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Putting an LLC Interest in a Trust Could Reap Benefits

By David Toback |

When we think of the things that we own that we want to protect from creditors, or which we want to make sure go where we want them to go when we pass, we usually think of tangible items. Cars, houses, the art collection and the cash in the bank account are usually the… Read More »

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IRA Tax Exemption Law Benefits Elderly and Charities

By David Toback |

The IRS tax code contains many different tax exemptions and ways for people to minimize their tax liabilities. Some of these provisions have been with us forever, and will likely never change significantly. But some come and go, depending on the economy, or the mood of congress. One popular tax break, which benefits the… Read More »

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Don’t Lose Those Homestead Protections

By David Toback |

Florida’ constitution provides broad protection for a homestead. Your homestead is generally protected from creditors, and protected even from bankruptcy courts. A homestead is generally considered a great asset protection mechanism, and there are also very significant breaks on taxes for homestead properties. A family only gets to declare one homestead (other than those… Read More »

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New Case Makes It Tougher to Avoid Individual Liability for Business Agreements

By David Toback |

Most of us are aware that one of the biggest protections of forming a corporation is the avoidance of personal liability for anything that the corporation may do wrong. Put another way, as a general rule, we can’t be sued individually for wrongs of our company. The company is its own individual entity, separate… Read More »

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Debt Forgiveness Can Have Tax Penalties

By David Toback |

When many people owe debt, they may have little financial option other than to negotiate the debt down to a manageable, payable amount. Sometimes this can include negotiating a waiver, forgiveness, or reduction of the debt. In the short term, the ability to pay off a debt for less than its full amount seems… Read More »

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Plan Now to Avoid Medicaid Problems

By David Toback |

For many with moderate to lower incomes, Medicaid can be the difference between life and death, and the difference between being able to get into a good long term care facility, or being left in the cold. Many people don’t realize it, but many financial decisions that they may make throughout their younger years… Read More »

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New Case Limits Changes to Terms of Service

By David Toback |

Many businesses find it helpful to have written and agreed-to terms of service for their clients or customers. These terms may be on paper or posted online, and may include regulations for usage of information, facilities or property. A recent case has limited the flexibility a business has when amending terms of service, and… Read More »

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