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Category Archives: Probate

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Heed The Sweet Song Of Lady Bird Deeds

By David Toback |

Estate planning begins with a honeymoon period of design thinking about the ways that you can use your money to make yourself and others happy.  After that phase ends, though, and you get into details about how much everything will cost, it is easy to get mired in pessimism about everyone else’s greed.  If… Read More »

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The Case For Not Telling Your Children How Much They Stand To Inherit From You

By David Toback |

The promise of a desirable reward can sow discord in otherwise harmonious relationships.  If you are a member of Generation X, you probably saw the episode of the Garfield and Friends Saturday morning cartoon about the Buddy Bears, three brothers who never disagree.  The trouble starts when Garfield offers to buy them a pizza,… Read More »

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Special Needs Trusts: A Responsible Way To Provide For Family Members With Special Needs

By David Toback |

Some people are surprised to find out that, in their 30s, they are not too young to get started on their estate plans, but to the parents of children with special needs, this has been obvious since a doctor first told the parents that the child would need to depend financially on the parents… Read More »

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3 Types Of Personal Property And How They Affect Your Estate Plan

By David Toback |

You may have heard the advice that decluttering is an effective form of estate planning, but you might have written it off as cheap propaganda by social media influencers who are not young and agile enough for TikTok dances, so they base their influencer persona on being tough on clutter.  You have probably heard… Read More »

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You Can Transfer Your Ownership Interest In The Family Business To The Next Generation Outside Of Probate

By David Toback |

The limited liability company (LLC) is an increasingly popular type of business structure.  It offers a lower tax burden for its owners, and the company can have as many or as few partners as you choose; the partners can be people or companies.  The biggest reason for the popularity of the LLC business structure,… Read More »

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There Are Worse Things Than Being A Millennial Golden Girl

By David Toback |

The old generation loves to fret about how the values of millennials differ from those of Baby Boomers, but estate planning lawyers accept that everyone’s financial values are unique.  So what if you splurge on avocado toast but consider disposable dinner napkins wasteful?  You need an estate plan as much as your parents do. … Read More »

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Who Needs an Estate Plan When You Have $20 Million of Sports Memorabilia?

By David Toback |

A hobby you enjoy can make you feel young and make the transition from working life to retirement easier.  When you plan for retirement, how much money you will need per year will depend on your expenses, so be honest with yourself and with your estate planning lawyer about how much your hobbies cost. … Read More »

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Long-Lost Sibling Drama During Probate

By David Toback |

Most protracted conflicts between siblings during the probate of their parent’s estate began long before the parents died.  In fact, if your sibling rivalry didn’t go away once you had grown up and moved out of your parent’s house, and the probate of your parents’ estate did not turn into a major battle, it… Read More »

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Life Insurance and Your Estate Plan: What Could Possibly Go Wrong?

By David Toback |

Life insurance has a reputation for being one of the dullest, most risk-averse things a person could buy.  Brash, Entrepreneurship bros everywhere, from multilevel marketing videos on YouTube to the first hour of The Wolf of Wall Street deride the boring schmoes who spend their hard-earned cash betting minuscule amounts of money on their… Read More »

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Can a Constructive Trust Solve Your Probate Problems?

By David Toback |

Florida law recognizes a variety of ways to keep certain assets out of probate.  There are rights of survivorship, transfer on death and payable on death accounts, good old-fashioned revocable trusts, and in the case of married couples, tenancy by the entireties.  Florida also interprets the legal concept of a “constructive trust” differently from… Read More »

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