David M. Goldman
About David M. GoldmanFirm works with Asset Protection, Jacksonville Foreclosure Defense, Estate Planning, Wills, & Trusts, Probate, Employment, Criminal Law, DUI, Elder Law Guardianship, Gun Trust, NFA Firearms, NFA Trust, Gun rights, Probate, Probate Litigation, Trusts, Trust Litigation.
- Asset Protection
- Business Formation
- Business Law
- Child Custody
- Child Support Enforcement
- Criminal Law
- DUI & DWI
- Elder Law
- Employment Law
- Estate Planning
- Family Law
- Florida Guardianship
- General Civil
- Insurance Bad Faith
- Juvenile Law
- NFA Firearms Trust
- Probate Litigation
- Real Estate Law
- Tax Law
- Trust Litigation
- Credit Cards Accepted
- VISA, MASTER CARD, AMERICAN EXPRESS, DISCOVER, PAYPAL
- Contingent Fees
- limited cases accepted on contingent fees
- Free Consultation
- Free consultation on estate planning, probate, and business formations. All other areas the consultation fee applies to any services.
- Rates, Retainers and Additional Information
- Rates and retainers vary by practice area
Jurisdictions Admitted to Practice
|Manager, Apple Law Firm|
|Attorney, Wood, Atter & Wolf|
|Florida Coastal School of Law||J.D.||5 Book Awards|
|Honors: Deans Scholars 2005 and 2006|
|UOP||BS in Business and Ecommerce|
|Honors: Top 10%|
|Member, Florida State Bar|
- Overall: 72nd
- This Year: 29th
- Overall: 25 Answers
- This Year: 17 Answers
Q: If I write my Will in Florida does it have to be registered??
A: You use to be able to record wills prior to your death in Florida but this is no longer permitted.
Q: Does property in Florida held jointly by husband and wife pass to the survivor when one dies
A: Typically jointly held property by a Husband and Wife is considered TBE or Tenants by the entireties. As such the property automatically passes to the spouse when one dies without the need for a deed change or probate. If you sell the property a death certificate will be needed.
Q: Is joint tenant property subject to terms of a will?
A: Joint tenants with rights of survivorship is not subject to the terms of a will in Florida. rights of survivorship is presumed in Florida unless something else is stated.
Q: Can you be out of state as executor,administrator, or court appointed with more than one next of kin?
A: A PR can be related by blood, or the spouse of certain family members or an instate resident. If you are not related or married to someone who is related and live out of Florida, you cannot be a PR in a Florida Probate case
Q: Do I have to register a firearms trust with the state?
A: No a firearms trust or Gun Trust does not have to be registered with the state while you are alive, but a notice of trust must be filed upon your death. For more information on Gun Trusts see http://www.guntrustlawyer.com
Q: Can a man write his elderly wife out of his will?
A: Yes but joinly owned assets would not be affected. In addition, the wife, if she survived him would be eligible to file an elective share against his elective estate. This is different than a probate estate and she could elect to receive 1/3 of his elective estate if a timely election was filed with the probate court.
Q: CAN I GET HALF OF HIS 401K HE HAD 11,000 WHEN WE MARRIED NOW 169,000.00
A: I am assuming that he passed away because you posted this in Estate Planning. If he has passed away you would be entitle to all of the 401K unless you signed a prenuptial agreement or signed a beneficiary change designation. If you are getting a divorce, you are generally entitle dot have of the increase during the marriage but should talk with a Family law attorney about this.
Q: Can a lawyer witness a clients signuate on a will , trust or a Power of Attorney. since he is getting paid to writed it.
A: Yes most of the time in Florida it is common for a lawyer to witness or notarize a will that is prepared by his office. An exception might be if the lawyer is also named as a beneficiary in the will which is frowned upon by the Florida bar. To be named in a will that you prepare, you must give the client advise the client in writing to seek independent legal counsel over the issue. (there is an exception to the exception and that is when it is for a close family member but a lawyer should still not witness when they are a beneficiary. If the will was prepared in another state, you would have to check with that states laws.
Q: My father has several safety deposits that I am a co-signer on. If he passes is the stuff in the safe deposit taxable?
A: There are several issues that need to be examined to give you an answer: what his estate is worth, the type of assets that are in the box, and if you inherit them testamentary (after his death), the sate he lives in, the state you live in,
Articles & Publications
Florida Probate Handbook
Difference Between Living Trust and Irrevocable Living Trust A Florida Living Trust Always Avoids probate: Myth Using Quicken 2009 for Florida Trusts Florida Defective Wills: Poor Drafting or Intentional? Florida Defective Wills: Poor Drafting or Intentional? eLawyering are online estate planning services worth it?
WEBSITES & BLOGS
Website: David Goldman's Website Profile
Website: Jacksonville Estate Planning Firm: Apple Law Firm
Website: Jacksonville Criminal Defense Lawyer Blog
Website: NFA Gun Trust Lawyer Blog
Website: Florida Foreclosure Lawyer
Website: Jacksonville Foreclosure Defense
Blog: Jacksonville Foreclosure Defense Lawyers Blog
Jacksonville, Florida among the top ten cities in the Nation in Foreclosure Filings in January 2013 Your Home is in Foreclosure, Can you afford to save your home? Okay You Need a Foreclosure Attorney, Now What Are Your Goals? Federal Trade Commission Study Finds that Bill Collectors Harass Customers for One Million Disputed Debts in Violation of Federal Law New Bill in the Florida Legislature Could Speed Up Foreclosures Congress passes bill which allows homeowners and home sellers to take tax deductions which expired more than a year ago ½ OFF 1st Month of Foreclosure Defense Beware of Scams when Fighting Foreclosure Foreclosure Fraud
Blog: Jacksonville Bankruptcy Lawyer Blog
Dischargeability of Student Loans in Bankruptcy Jacksonville Pro Bono Bankruptcy: Do they exist? What can Bankruptcy do for me? Are My Debts Dischargeable in a Florida Bankruptcy? If I File for Bankruptcy, will I lose my Personal Property? Owning a business while filing for bankruptcy Bankruptcy and Homeowner's Association Dues What Happens If Your Co-Signer Files for Bankruptcy? Can I lose My House if I file a Chapter 7 Bankruptcy?
Blog: Jacksonville Divorce Attorney Blog
Why Do Good People Cheat? More Things to Never Say to Your Divorce Attorney Things to Never Say to Your Divorce Attorney 18 Laws Every Jacksonville Florida Parent Should Know About Part 3 18 Laws Every Jacksonville Florida Parent Should Know About Part 2 18 Laws Every Jacksonville Florida Parent Should Know About Part 1 When Attending Mediation have a Good Attitude, an Open Mind (and an Open Heart) and you just might be Pleasantly Surprised What Is an Order To Show Cause? Florida man accused of fraud after name change in 'act of love' - Yahoo! News
Blog: Jacksonville Personal Injury Lawyer Blog
Too Intoxicated to Drive? Then use Tow To Go! Street Racing Accident leave 3 dead, 2 in critical condition Toyota Recalls Millions of Vehicles for Fire Risk Small Child Mauled by Pitbulls in Front Yard Early Morning Crash leaves 3 in Critical Condition GM Announced a Recall of Several Vehicles due to Gearbox Issues iPhone 5, The new cause for Distracted Drivers? I have been injured, do I have a Negligence Case? Jacksonville School Bus involved in Accident
John Dodson: Fight To Expose Fast And Furious http://fb.me/BP8rELmt— David M. Goldman (@guntrustlawyer) 4.9 hours ago
ATF reportedly used rogue tactics in a half-dozen cities http://fb.me/15T30SlX3— David M. Goldman (@guntrustlawyer) 2 days ago
DISASTER AVERTED: TSA agent bravely confiscates sockmonkey’s gun http://fb.me/6zASoiagC— David M. Goldman (@guntrustlawyer) 2 days ago
Deadline for 41P comments approaching fast. http://t.co/XLZ3LlcIA1 http://fb.me/2dZVkY7WV— David M. Goldman (@guntrustlawyer) December 6, 2013
More 3d printers http://fb.me/1PPLz8KcD— David M. Goldman (@guntrustlawyer) December 5, 2013
CNN Poll: Support for stricter gun control fades http://fb.me/1QItCMyl6— David M. Goldman (@guntrustlawyer) December 5, 2013
MILLER: Obama’s EPA closing smelter will not affect ammunition supply http://fb.me/WiAn3YwK— David M. Goldman (@guntrustlawyer) December 3, 2013
@davehigg CLEO is only one of the benefits of a Gun Trust. Happy to talk to you about why Gun Trusts are not going away— David M. Goldman (@guntrustlawyer) December 3, 2013
http://fb.me/1O8RLrQpJ— David M. Goldman (@guntrustlawyer) November 30, 2013
interesting picture on my friends list. Beth next to a machine gun http://fb.me/6zXYDVlGQ— David M. Goldman (@guntrustlawyer) November 30, 2013