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Tag Archives: Tampa Probate Lawyers


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 »


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 »

Human Remains Can Be a Difficult Subject of Estate Disputes

By David Toback |

Sometimes the law is ill equipped to deal with some of the most sensitive subjects in life, especially in the area of estate planning and probate, which deals with often painful and sensitive issues. Trying to fit the staid, cold provisions of law into the realities of human interaction can often lead to miserable… 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 »

When Should a Gun Trust be Considered?

By David Toback |

Of all the things that we think of leaving in trusts, or that we try to plan to make sure our beneficiaries receive, one thing is probably likely to slip someone’s mind when doing advance planning: guns. Despite where you stand on gun control, people own guns, they are property, some even have significant… Read More »

When to Consider a Special Needs Trust

By David Toback |

If you or someone in your family is disabled, or has any kind of special need, you may want to consider a special needs trust (SNT). An SNT can be crucial to protect government benefits, and to ensure that people get the continuing care that they need in the future. Why Use a SNT?… Read More »

Don’t Ignore Intellectual Property When Planning an Estate

By David Toback |

What does the 1980s classic movie “Back to the Future” have anything to do with estate planning? A recent lawsuit involving an icon in the famous movie is a good reminder about planning for assets you may not think about right away. Lawsuit Involves Iconic Movie Car The case involves a lawsuit by John… Read More »

Your Homestead Status Could Be at Risk in a Divorce

By David Toback |

Most of us have heard of Florida’s strong homestead protections—specifically, that homestead property is exempt from creditors, both those that may appear during your life, and those that may make claims on your estate after you pass. The protection is in the Florida constitution and is one of the strongest protections that Florida residents… Read More »

A Health Savings Account (HSA) Could Save You Some Tax Money

By David Toback |

Health insurance has been a popular topic the last few years. Many people don’t figure health insurance into an overall estate planning strategy. But, in fact, there is a savings vehicle for health planning that may actually save you money on your taxes. What is an HSA? Many individuals find when procuring health insurance… Read More »

A Living Trust Could Be The Right Tool For You–Even if You’re Not Rich

By David Toback |

When we talk about trusts, there is a misconception that they’re only for the very wealthy. Terms like “trust fund baby” have created the impression that the average middle class person doesn’t need to worry about trusts. But living trusts can help everyone, and can give you some peace of mind in planning your… Read More »

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