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David Toback, Attorney at Law
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Recent Blog Posts

EstPlan7

Don’t Overlook These Estate Planning Details

By David Toback |

If you have carefully drafted an estate plan, which leaves your assets to the individuals that you want it to, sets up a few trusts and asset protection vehicles, and accounts for medical directives and powers of attorney in case you are unable to tend to your affairs, congratulations are in order. You have… Read More »

DisabledBoy

ABLE Act is Relief for Families With Disabled Children

By David Toback |

Many families who raise and care for disabled or special needs children face a difficult and sad dilemma. On the one hand, the medical costs for treatment can be exorbitant, especially considering that the needs may last throughout the child’s lifetime, and may include expenses that are life modifications that go beyond just medical… Read More »

AssetP3

Lawsuit Challenges Legality of Online Property Value Website

By David Toback |

The value of your home means a lot. Whether you are trying to sell it, use it to show assets, use it to take out an equity line of credit, or to demonstrate net worth, you generally want the value of your home to be as high as possible. Who Values Property? Property is… Read More »

BooksGavel

Read the Fine Print in Your Business’ Debt Obligations

By David Toback |

Retail giant Toys R Us recently filed for bankruptcy, and according to reports, it did so for the same reason that many individuals do: The company took on too much debt. If you think that big companies are immune to the pitfalls of loans and debt, think otherwise. And if debt is enough to… Read More »

TaxReport

IRS Allows Deductions for Certain Hurricane Losses

By David Toback |

As Hurricane Irma ravages the state, Florida residents will likely incur massive losses. Hopefully, the losses will be minimal, or at least, covered by some form of insurance. But if they are not, and if the losses are great enough, Floridians may be able to qualify for some tax relief under the tax code,… Read More »

business2

How to Use Tenancy by the Entireties to Protect Your Business

By David Toback |

The protection of property owned by a husband and wife jointly is one of the most well known protections in the law. Ask many people about creditor or asset protection and a number will already know that creditors can’t take property that is owned jointly by a husband and wife. That concept is better… Read More »

Guardianship

Recent Case Strengthens Right to Marry for Incapacitated People

By David Toback |

Guardianship laws have come under some criticism lately for bringing out greed and corruption. The system appoints a guardian to care for another person’s (called a “ward”) affairs when the ward cannot do so for himself, for example, when the ward is physically or mentally incapacitated. A recent case brings up yet another potential… Read More »

Business6

Settlement Agreements Need to Say What They Mean

By David Toback |

If your business is involved in a dispute, and you try to resolve it through a written agreement, it’s important that your settlement document say everything you intend it to say. That’s because settlement agreements are contracts, and a recent case reinforces how important it is to be thorough with these documents. Lawsuit Over… Read More »

Trademark3

Make Sure You’re Not Accidentally Violating Someone’s Copyright or Trademark Protections

By David Toback |

Major retailer Costco is in some hot water, and is now liable to Tiffany’s for over $19 million for selling jewelry labeled under the Tiffany’s label, even though the jewelry was not from Tiffany’s. Although this is a dispute between two multimillion dollar companies, the legal lessons are also valuable to those with small… Read More »

Business

Don’t Ignore Your Corporate Bylaws

By David Toback |

If you have a business, and that business has investors, shareholders, or a board of directors, you probably have bylaws. If you are like so many business owners who see bylaws as a nuisance or an unnecessary burden, you may have simply used a form to fill out your bylaws that you purchased from… Read More »

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