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Tag Archives: Asset protection plan


Don’t Ruin the Ability to Step Up in Basis

By David Toback |

When we inherit property that has a value to it, especially property that increases in value, we often don’t take into account the tax consequences. Capital gains taxes can take a large chunk out of property that you have inherited and you later try to sell if that property has increased in value. Capital… Read More »


Late Marlin Jose Fernandez’ Estate Battles Provide an Important Planning Lesson

By David Toback |

Another tragic death is resulting in an almost equally sad dispute over assets and distribution of an estate. The family of Former Florida Marlins ace Jose Fernandez, who died in a boating accident last year, is currently embroiled in an estate dispute, which is another reminder of how important it is to plan ahead… Read More »


What Happens to Florida Property That Belongs to Those Who Live in Other States?

By David Toback |

Florida is a popular vacation area, a popular state for people to own vacation homes and timeshares, and a popular place to visit. As a result, it is common that people who live out of the state may own property located in the state. Those people may have wills, estates, or trust documents that… Read More »

Spendthrift Clauses Can Protect Your Trust Benefits

By David Toback |

As we know, creditors will do nearly anything to get their bills paid. Anything that you have, they will try to get. Yet, anything that you don’t have, but expect to receive later, they may try to get as well to satisfy outstanding debts or judgments. Trust Beneficiaries A common scenario involves someone who… Read More »

Benefits and Income That May Be Creditor Exempt

By David Toback |

When we think of property or income that can’t be touched by most creditors, we tend to think of the more common ones, such as homestead property or an IRA. But there are many sources of income and assets that federal law protects from creditors (who aren’t collecting tax debts). Knowing about them can… Read More »

Florida’s Homestead Protections Affirmed in Recent Case

By David Toback |

By now it should be clear that in Florida, a homestead is protected by creditors. But what happens when money from the sale of a homestead is placed in a bank account? The issue of whether these funds get the same protection as the homestead itself was the subject of a recent court decision…. Read More »

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