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Recent Blog Posts

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Be Sure to Update the Beneficiaries on Your Payable on Death Bank Accounts Regularly

By David Toback |

In the field of education, there is a saying that good teaching means always revising your plans.  Even if a lesson worked beautifully last year, a good teacher reviews the lesson plan before implementing it during the current year and adds any changes that could make it work better.  The importance of constant revision… Read More »

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Transfer on Death and Payable on Death Clauses: A Simple Way to Keep Assets Out of Probate

By David Toback |

Your will specifies who you want to inherit each of your assets after you are gone, but following the instructions in your will is only one part of the probate process.  In fact, your family members, lifelong friends, or favorite charitable causes will only receive their share of your estate after probate is finished,… Read More »

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Probate Provides an Opportunity to Resolve Disputes About the Estate of a Deceased Person, but Better Solutions Are Available

By David Toback |

When you are the personal representative of the estate of a deceased person, probate can feel like an unnecessary burden.  For example, why do you have to wait a minimum of three months before you can collect any of the money that the deceased person left to you in his or her will?  Why… Read More »

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If You Suspect That a Will Is Forged, Don’t Wait to Voice Your Suspicions

By David Toback |

Some of the most famous inheritance disputes from the tabloid press and from works of fiction involve the estate of a wealthy man who had been married more than once, and the conflict is between the wife to whom he was married at the end of his life and her stepchildren, the decedent’s children… Read More »

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Introduction to Probate and Estate Law Vocabulary

By David Toback |

A big part of what lawyers learn in law school is the terminology related to the various practice areas of law.  When you are involved in a legal case, the vocabulary related to it becomes a part of your life.  For example, if you are divorced and your ex-spouse disagreed strongly about alimony and… Read More »

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Ask an Estate Planning Lawyer: Who Will Inherit Your Airline Miles?

By David Toback |

If you have been working with an estate planning lawyer, you might think that all of your assets are accounted for in your estate plan.  Maybe you have placed some of your assets in a trust, so that they will not have to go through probate.  Perhaps some of your accounts are transferable on… Read More »

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You Don’t Need a Will To Transfer These Assets in Florida

By David Toback |

While it’s always a good idea to have a basic will, especially if you have dependents, careful estate planning can actually eliminate the need for most of your property to pass through a will upon your demise. This means that your family members or other beneficiaries don’t need to wait for the lengthy court… Read More »

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Estate Planning Basics: Important Decisions to Discuss with Your Estate Planning Lawyer

By David Toback |

The time to talk to an estate planning lawyer is now.  The earlier you start making decisions about your estate plan, the better.  Even if you are healthy and still working, your children are still young, and your assets are modest, it is not too soon.  If circumstances change after you formulate your estate… Read More »

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What is an Intentionally Defective Grantor Trust, and Could it Be Right for You?

By David Toback |

An Intentionally Defective Grantor Trust (IDGT) is a type of irrevocable trust, generally created for the benefit of the grantor’s spouse, children, and/or grandchildren. This type of trust exploits a tiny loophole between estate law and income tax law that allows the trust to be a fully irrevocable grantor trust for estate law purposes,… Read More »

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The Dangers of DIY Wills

By David Toback |

The prospect of creating a will can be off putting, as no one likes to think about their own death—let alone spend money planning for it. It can be tempting to use one of the many DIY will services available online. However, in many cases, these one-size-fits-all fill-in-the-blank wills cause far more cost and… Read More »

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