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Tag Archives: Tampa Estate Planning Attorney

EstPlan7

Should You Name a Trust as a Beneficiary of Your IRA?

By David Toback |

So you have an IRA, and it has some value to it. Like other things that you may own, it’s an asset that needs to be planned for when you pass. Those IRAs may not automatically go to your beneficiaries, and in some cases, may be subject to creditor claims. How do you protect… Read More »

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WillDocument

Florida Ready to Implement Electronic Wills

By David Toback |

FLORIDA GOVERNOR RICK SCOTT VETOED THE DIGITAL WILLS ACT ON JUNE 26, 2017.  We seem to do everything online, even the most important and vital aspects of our daily lives. We can obtain almost any document, manage financial transactions, obtain government identifications, and sign legally binding contracts all with the click of a button…. Read More »

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Forecl6

What Happens When You Inherit Property That’s Being Foreclosed Upon?

By David Toback |

When a loved one passes away, often what is left to inherit is the loved one’s home. That home may have extraordinary sentimental value. Or, it may be where you are currently living, or where other family members are living. But what happens when that property has a mortgage on it? And what happens… Read More »

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Wills2

When to Consider a Special Needs Trust

By David Toback |

One of the most stressful aspects of taking care of a disabled loved one involves what will happen to them, and how they will manage their affairs, when their caregivers are gone. This is most often a concern for parents of disabled children, who want to make sure their child is cared for when… Read More »

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EstPlan5

Why Paternity Matters in Estate and Probate Problems

By David Toback |

Children born out of wedlock may face difficulties when making claims on estates that they feel they have an interest in. Where parentage is an issue, establishing paternity is thought of as a family law issue, but paying attention to these issues can have serious probate and estate consequences as well. The Right to… Read More »

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estateplanning4

Changing Irrevocable Trusts By Decanting

By David Toback |

In law, it seems that there is never an absolute. Definites seem to always have exceptions, and loopholes abound in even the most seemingly common sense and unconditional language. So is the case with trust law. Irrevocable Trust Changes You may think that the term irrevocable trust means that the trust is, well, irrevocable…. Read More »

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EstPlan4

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 »

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EstatePlan4

Law Changes Make Health Care Surrogacy Easier

By David Toback |

Many are aware of how important it is to have a designated health care surrogate. A surrogate can be designated with a simple form, and can help make crucial health care decisions for you if you are incapacitated or simply in a position where you can’t make those decisions on your own. Changes to… Read More »

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EstatePlanning2

The Estate Protections of a Guardianship

By David Toback |

As people age or get ill, it is an unfortunate fact that mental ability starts to decline. In most cases, people may not be as sharp, but they will remain sharp enough to take care of their own affairs. But sometimes, whether due to injury or disease, the ability to make basic decisions about… Read More »

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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 »

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