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Tag Archives: Tampa Probate Attorney

Understanding the Death Tax

By David Toback |

Presidential candidate Donald Trump recently gave a speech announcing that he would repeal the death tax. That immediately started a media frenzy about the death tax, a tax that in reality many people never even knew existed. No matter what side of the aisle you’re on or for whom you’re voting, Trump’s speech at… Read More »

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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 »

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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 »

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Don’t Lose Those Homestead Protections

By David Toback |

Florida’ constitution provides broad protection for a homestead. Your homestead is generally protected from creditors, and protected even from bankruptcy courts. A homestead is generally considered a great asset protection mechanism, and there are also very significant breaks on taxes for homestead properties. A family only gets to declare one homestead (other than those… Read More »

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Get the Most From Large Settlements

By David Toback |

If you are expecting a personal injury settlement, or any kind of settlement that could wield a significant sum of money all at one time, the last thing on your mind may be taxation of those funds, or how to invest them. But knowing some ins and outs of planning for a lawsuit settlement… Read More »

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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 »

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How Far Does Florida’s Slayer Statute Reach?

By David Toback |

It sounds like a plot from a poorly written movie: Someone with something to inherit murders the person leaving the property in order to obtain the inheritance. Common sense tells us that aside from the obvious illegality of the homicide, the person doing the murdering probably shouldn’t inherit the property they sought to inherit…. Read More »

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Filial Laws and How They Could Affect You

By David Toback |

When parents age, the medical expenses can mount. Whether it’s for medical treatment, long term care, in home care, or end of life care, bills can exceed what someone’s parents are able to afford. If your parents pass, leaving significant medical expenses, debt collectors may turn to you as their child to pay those… Read More »

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Are You Personally Liable for the Debts of Someone Who Passes Away?

By David Toback |

There is often nothing more catastrophic than the passing of a loved one. However, that trauma is often exacerbated by debt, and what happens when creditors of the deceased come looking to you to collect debts. Often, collectors will blindly look to the survivors to pay the decedent’s debts. Knowing your rights can help… Read More »

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New Health Care Surrogate Laws Remind Us How Important Having One Can Be

By David Toback |

When we think of estate planning, we tend to think of planning for all of our stuff, and specifically who will get it, how will it be spent, and where will it go. But many people give little thought to planning for disability, or for health problems that may render them unable to tend… Read More »

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