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Category Archives: General

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Caregivers Often Put Themselves on the Back Burner

By David Toback |

It is common for elderly clients to visit their attorney assisted by a family member or caregiver so they can plan their estate and long-term care. Caregivers see exactly what happens to a person’s finances, peace of mind the family receives, and the ability to make decisions that happens when an estate plan, trust,… Read More »

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What is a Do Not Hospitalize Directive?

By David Toback |

A recent article points out how a potentially important directive is sometimes overlooked in the arsenal of health care directives. We’re used to planning ahead to appoint health care surrogates, powers of attorney, or issuing do not resuscitate (DNR) orders. But what about a do not hospitalize order? The Do Not Hospitalize Order As… Read More »

IRS Forfeiture Laws Set to Change

By David Toback |

The IRS is being called to task for a controversial policy that may have resulted in many innocent Americans having money wrongfully taken, or forfeited, by the agency. Congress is now looking into the IRS’ practices, and regulation to change how the IRS institutes the practice may be coming. Structuring Violations Lead to Forfeitures… Read More »

Property Owned by Married Couples Still Has Strong Protections

By David Toback |

The tenants by the entireties (TBE) protection is one of the strongest that the law provides, and one of the clearest and easiest asset protection devices available. TBE is an exemption that protects assets that are owned jointly by a married couple from being taken by creditors. A recent case has not strengthened the… Read More »

Out-of-State Powers of Attorney Should be Reviewed

By David Toback |

Living in Florida, a destination for vacationers, those with second homes, and retirees alike, we tend to get more people coming into the state to live than leaving it. With that migration comes legal issues to deal with, especially for people who may have set up their legal and estate affairs in different states…. Read More »

Filial Laws and How They Could Affect You

By David Toback |

When parents age, the medical expenses can mount. Whether it’s for medical treatment, long term care, in home care, or end of life care, bills can exceed what someone’s parents are able to afford. If your parents pass, leaving significant medical expenses, debt collectors may turn to you as their child to pay those… Read More »

Florida’s Death Presumption Statute Can Aid in Difficult Situations

By David Toback |

When someone passes away, there is almost always the attendant grief and sorrow that goes along with it. When we are aware of a passing, relatives can begin making proper arrangements for the disposition of assets, hopefully with the aid of estate documents that have determined how property should be handled. But there can… Read More »

Your State of Residence Can Have a Big Tax Impact on Your Estate

By David Toback |

Where do you live? This seems like a simple question. But for many, it can pose significant estate planning issues. And the answer to it can make a difference of millions of dollars in estate taxes that you or your beneficiaries may have to pay. Why Your Home State Matters This is a particularly… Read More »

Careless Language Can Expose Exempt Assets to Creditors

By David Toback |

In the world of estate planning, there’s good planning, no planning, and bad planning. In many cases, the third can lead to assets and property being taken by creditors, instead of being passed to your intended beneficiaries. Life Insurance Exemptions Florida provides for certain assets to be exempt from claims of creditors when you… Read More »

Consider Liquidated Damages In Your Next Business Agreement

By David Toback |

When entering into a contract, it’s always a good idea to look at the future, and ask yourself what would happen if your contract was breached. Likely, you would be able to file a lawsuit to collect your contractual damages; but what exactly are those damages, and how can you ensure that you recover… Read More »

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