Author Archives: David Toback
Should You Have a Personal Guarantee in Your Contracts?
In the course of your business dealings, you may have legitimate concern over what happens if you don’t get paid for a service you render, or a product that you provide. In many cases, it may seem as simple as filing a lawsuit to collect your money. But as many who have done it… Read More »
What is a Holographic Will and is it Valid in Florida?
We speak often about intent when it comes to determining how property will be devised or inherited, and about intent being a major factor in probate litigation disputes. And surely, intent does play a big role when there is litigation over how property should be passed on. But it’s important to remember that in… Read More »
Can You Avoid Being Disinherited?
In many cases, there may be reasons why someone chooses to disinherit a relative. Some of the reasons may be rational, and some irrational, and in some cases, the disinherited party may be aware that they will be disinherited, while in other cases, it may come as a complete surprise to the disinherited party…. Read More »
Important Boilerplate Contractual Provisions (Part 2)
Last week we looked at some standard boilerplate contractual provisions, and became aware of some little known pitfalls that could come to those who use them in their business contracts without knowing what they really mean. This week, in part 2, we’ll look at some additional standard language that you may see in your… Read More »
Boilerplate Contract Provisions and How They Affect You (Part 1)
It may seem logical that in business contracts every term and provision would be unique to your particular agreement or situation. While that’s generally true, there are many provisions that appear over and over again and are sometimes automatically put in no matter the kind of contract or what it may encompass. These are… Read More »
Florida’s Death Presumption Statute Can Aid in Difficult Situations
When someone passes away, there is almost always the attendant grief and sorrow that goes along with it. When we are aware of a passing, relatives can begin making proper arrangements for the disposition of assets, hopefully with the aid of estate documents that have determined how property should be handled. But there can… Read More »
Your State of Residence Can Have a Big Tax Impact on Your Estate
Where do you live? This seems like a simple question. But for many, it can pose significant estate planning issues. And the answer to it can make a difference of millions of dollars in estate taxes that you or your beneficiaries may have to pay. Why Your Home State Matters This is a particularly… Read More »
Why You Should Care About the Elimination of the Economic Loss Rule
The economic loss rule may sound like an archaic and old fashioned legal term that many people shouldn’t have to worry about. But, in fact, it’s recently undergone some changes, and if you are a business owner, the changes could very well affect you. What is the Economic Loss Rule? The economic loss rule… Read More »
Careless Language Can Expose Exempt Assets to Creditors
In the world of estate planning, there’s good planning, no planning, and bad planning. In many cases, the third can lead to assets and property being taken by creditors, instead of being passed to your intended beneficiaries. Life Insurance Exemptions Florida provides for certain assets to be exempt from claims of creditors when you… Read More »
Simple Bank Accounts Aren’t So Simple When Doing Estate Planning
Bank accounts are probably the most common form of assets that are dealt with when someone passes away, because most people have a bank account, even if they don’t have advanced wealth management tools like trusts or securities. In many cases there are multiple names on bank accounts. How you name and term your… Read More »
