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401K_Pension

Employer-Provided Retirement Savings And Your Estate Plan

By David Toback |

The term “the Great Resignation” has been all over the media for the past year, but it has different connotations depending on the age of the workers to which it is being applied.  For younger workers, the conventional wisdom is that a “work stinks” attitude is an essential feature of the Zeitgeist, and that… Read More »

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ChurchState

How The Separation Of Church And State Affects Your Estate Plan

By David Toback |

The First Amendment to the United States Constitution provides for the separation of church and state.  This means not only that the United States does not have an official state religion and that people are free to practice any religion or none at all, but also that the federal and state courts in the… Read More »

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Apps

Smartphone Apps Are For Estate Planning, Too

By David Toback |

Family law courts sometimes order divorced couples who cannot stand to be in the same room and cannot talk to each other without fighting to download co-parenting apps like Our Family Wizard, which enable parents to communicate by text message, archiving the messages to show to the court, if necessary, and even warning parents,… Read More »

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Dementia

Estate Planning In A World Where 50 Percent Of Seniors Will Develop Dementia

By David Toback |

The fun parts of estate planning are the parts alluded to in the photos on the websites of estate planning law firms.  You see pictures of seniors walking on the beach with their grandchildren and dancing on the dancefloor as they celebrate their 50th wedding anniversary.  These pictures would make you think that estate… Read More »

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Procrastination

Getting Over Estate Planning Procrastination

By David Toback |

If you are in your forties and employed, and especially if you have children, it is safe to assume that you have developed the skill of planning and sticking to your plans.  You schedule and attend doctors’ appointments for yourself and your children, you gather your tax documents and file your income tax returns,… Read More »

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Urn

Final Disposition Of Remains Planning

By David Toback |

Estate planning is about making plans for the things you can’t take with you when you die and ensuring their wellbeing while you are alive.  A lot of estate planning focuses on finances, because the thought of your family members fighting over your estate during probate is painful, as is the thought of them… Read More »

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Single

Ambiguous Marital Status Can Mess With Probate

By David Toback |

Compared to a lifetime of loyalty and togetherness, marriage is just a piece of paper.  You might not care whether the court thinks the person with whom you share your life and who will take care of you in your old age legally counts as a spouse, but the probate court does.  In the… Read More »

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SeniorLove

Senior Lovebirds, Review Your Prenup Today

By David Toback |

Ask anyone who met their spouse late in life, and they will tell you that over 50 is the best time to fall in love.  Late in life romance is all fun and no games.  When you put a ring on it after AARP newsletters start arriving in your mailbox, you have already made… Read More »

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What

Yes, Your Parents Can Disinherit You If You Don’t Pay Them Back

By David Toback |

Many probate disputes begin when a family member inherits less, pursuant to a deceased relative’s will, than they expected to inherit.  The disinherited relative may allege undue influence, claiming that the main beneficiaries of the will manipulated the decedent into changing their will, either through deception or bullying.  Many undue influence cases are years… Read More »

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Wheelchair5

What Happens In Probate Court When A Nonresident Of Florida Dies In Florida?

By David Toback |

Florida’s laws are famously welcoming of visitors and newcomers; there is a reason that so many senior citizens visit Florida and, not long after, decide to stay permanently.  Probate court is similarly welcoming of the estates of nonresidents who made a final visit to Florida.  The Florida probate courts will consider a will as… Read More »

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