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Tag Archives: Estate Documents

New Case Discusses Difficulties in Revoking a Trust

By David Toback |

It seems that wills and trusts go hand in hand. People will often set up both simultaneously, and assuming they are drafted property, both will work in tandem with the other and remain consistent with their intentions. But what if they don’t? What if a will contradicts, or even revokes, a trust? That’s a… 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 »

Injury Lawsuits Can Live On After Death

By David Toback |

In many cases, someone may pass away in the midst of a personal injury lawsuit, or even before one is filed, but at a time when one is expected to be filed. The interplay between personal injury law and estate or probate law can be complex, and family members of the deceased need to… Read More »

Muhammad Ali Estate Could Become Contested

By David Toback |

As another world famous and world changing superstar passes away, this time Muhammad Ali, yet again come the reports surfacing of estate disputes, what the deceased intended, relatives coming seemingly out of nowhere to make claims, and reminders of how important it is to have an estate plan in place—even if you don’t have… Read More »

Bill Allowing Access to Online Accounts Passes Florida Senate

By David Toback |

In the world of estate planning, we often give attention to items that have monetary value—money, property, intangibles, etc. Sometimes, we give attention to items with little monetary value, but with significant emotional value—family heirlooms, pictures, pets, or historical items. But rarely do we think about social media—specifically, what happens to our social media… Read More »

What is a Holographic Will and is it Valid in Florida?

By David Toback |

We speak often about intent when it comes to determining how property will be devised or inherited, and about intent being a major factor in probate litigation disputes. And surely, intent does play a big role when there is litigation over how property should be passed on. But it’s important to remember that in… 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 »

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 »

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