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Recent Blog Posts

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How Long Do You Have to File a Claim Against the Estate of a Deceased Person?

By David Toback |

One of the hallmarks of a successful estate plan is that it allows nearly all of the assets you own now to pass on to your beneficiaries after you are gone.  Until you have dealt with the details of probate, it is easy to assume that you have covered all your bases just by… Read More »

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UTMA Accounts for Minors: What Could Possibly Go Wrong?

By David Toback |

If you are a member of the 99 percent, the ways in which your children and grandchildren could benefit from your gifts are obvious, and you don’t have much of a cushion with which to pay fees and taxes associated with these gifts.  The annual gift tax exclusion is a godsend to people for… Read More »

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The Seven Signs of Undue Influence

By David Toback |

Can you challenge someone’s will just because you are upset that they did not leave you as much money as you were hoping to get?  Sure, but it is unlikely that the court will change its decision to administer the will as it is written.  A will is a legally binding statement of a… Read More »

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Do You Need a Lawyer to Help You Resolve These Common Probate Disputes?

By David Toback |

If you are in the habit of viewing everything through a lens of gratitude, then you might consider it an honor to be the personal representative of a family member’s estate.  Your spouse, parent, or sibling trusted you to follow his or her wishes as listed in the will, and you are more than… Read More »

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When Inheritance Disputes Turn One Spouse Against the Other

By David Toback |

You have probably heard divorced people say that parenthood contributed to the breakdown of their marriage.  Maybe someone you know grew to resent her husband after being stuck doing the lion’s share of housework and childcare, even though both spouses worked full-time. Perhaps someone else felt like he was his wife’s lowest priority, behind… Read More »

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Domicile: Your Legal Home

By David Toback |

The stereotype about residents of Florida not originally being from here largely holds true for the senior age group.  If you live in a retirement community in Florida, there is a good chance that most of your neighbors grew up somewhere besides Florida and only moved here as adults, even if they were still… Read More »

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The Family Allowance Protects Children Against Having Their Lives Put on Hold by Lengthy Probate Disputes

By David Toback |

In family law, you often hear that children are the innocent victims of divorce battles.  It is incredibly stressful for children to know that their parents are in court, arguing about whether the children will have to move out of their current home and whether or not they are allowed to spend Christmas with… Read More »

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How Wicked Does a Stepmother Have to Be for the Court to Deny Her an Elective Share of Her Husband’s Estate?

By David Toback |

In Florida, you have the right to leave your whole estate or any portion of it to anyone you choose.  For the most part, as long as your will is valid, the family members who receive less inheritance money than they had hoped have no choice but to accept your decision.  One exception is… Read More »

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How to Ensure That Your Estate Plan Does Not Worsen the Rift Between Your Children

By David Toback |

You know you are an adult when the only thing you want for your birthday is for your children to go the whole day without fighting.  As painful as it is to watch childhood sibling conflicts, they usually resolve when the children grow up, or at least, they become asymptomatic.  Even if your children… Read More »

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Decluttering Your House Could Be the Best Thing You Can Do for Your Estate Plan

By David Toback |

If you have made an appointment for an initial consultation with an estate planning lawyer, you are probably expecting to hear about estate taxes, revocable trusts, and powers of attorney.  You would probably be very surprised if the lawyer advised you to go home and declutter your house.  Isn’t decluttering just for people in… Read More »

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