Author Archives: David Toback
Gay Couples Shouldn’t Assume New Laws Give Them All the Protection They Need
Same-sex marriages are now protected under the law in Florida, along with many other states. But while the recognition of marriage is legally recognized, that doesn’t automatically mean that same-sex couples can assume they have the same legal rights as heterosexual couples in every area of the law. This is especially true given that… Read More »
Planning for Your Pet When You’re Gone
In considering end of life planning, we often think of what will become of our assets and belongings, and possibly, who will be trusted or gifted with our assets. But one asset may not often get enough attention—our pets. Can a pet be left to someone in a will? How can you plan to… Read More »
Hyperbole vs. Binding Promises: When Does One End and the Other Begin?
If you have a business, being successful often entails marketing yourself to the public. And as we all know, marketing sometimes involves bold statements and perhaps outlandish offers to get the public’s attention. But where does the line between simple advertising statements end and creating an actual enforceable contract begin? Promises vs. Puffery We… Read More »
If You’re In Foreclosure, Don’t Forget Tax Consequences of Getting Out of It
It’s been said that the economy is improving, and there’s no better indication of that than the fact that foreclosures are generally down. But they haven’t disappeared forever. And if you’re in foreclosure and looking at options to get out of it, the last thing that may be on your mind may be taxes…. Read More »
Florida Annuities: A Great Asset Protection Tool, Even in a Divorce
Divorce seems to bring up a lot of questions when it comes to asset protection and estate planning, especially when exempt assets are transferred pursuant to a divorce. Just recently we discussed the effects of the homestead protections upon divorce, and whether a divorce threatens the homestead protections of property that are normally afforded… Read More »
Can You Lose Your Homestead Protection in a Divorce?
Florida has one of the strongest homestead protections in the nation. It’s written into our Florida constitution, and it protects your homestead from being taken by creditors or anybody who gets a judgment against you (other than foreclosures, where you have specifically mortgaged your property). The protection even extends to funds that you receive… Read More »
An Intro to Shareholder Derivative Lawsuits
If you are a shareholder or member of a company or an LLC, you may have an issue with the way that a company is being run or operated. In fact, you may even believe that you are owed money in the form of distributions, and that you are being deprived of those funds…. Read More »
Make Sure Your Will Includes and Excludes Those Who You Want Inheriting (or Not Inheriting)
If you have assets, it is likely that you may want to make sure that members of your family, including your children, can receive those assets by inheritance when you pass. This may seem easy and obvious—and for smaller, biological families, it can be. But in reality, not all families are the same, which… Read More »
If You’re Looking to Protect Your Business With a Non-Compete, Make Sure It’s Done Correctly
If you have a business, you may be considering asking employees or co-workers to sign non-compete agreements. In many cases, as a business owner, you may have legitimate reasons for wanting such agreements. But there’s danger in those agreements—if not properly worded and in conformance with Florida law, you could find that the agreement… Read More »
Old Ways of Running LLCs Have Changed With New Laws
There is an old car commercial for Oldsmobile, where, in order to tout changes in the vehicle, the saying went “This is Not Your Father’s Oldsmobile.” Well, just like the car, if you plan on forming your own business entities and companies—particularly LLCs—doing it the old way may get you into some trouble, as… Read More »
