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David Goldman
Works at Law Office of David M. Goldman PLLC
Lives in Jacksonville, FL
3,930 followers|105,249 views
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David Goldman

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Cross between estate planning and bankruptcy
During bankruptcy, most of a debtor's property becomes part of the bankruptcy estate. Debtors who file a Chapter 13 bankruptcy are required to repay their creditors through a three to five year repayment plan. If a debtor receives an inheritance during their repayment plan, he or she may be ...
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David Goldman

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Can you keep your inheritance after filing a bankruptcy?  Jacksonville Bankruptcy lawyer, Kendal Sanders explains why you may loose it, you might consider using an estate planning trust with spendthrift clauses to protect your kids inheritance. #jacksonvillebankruptcylawyer   #jacksonvilleestateplanninglawyer  
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Estate Planning is More About How Than Who People have a misconception about estate planning. We have probably even reinforced it. The misconception is that estate planning is all about deciding who gets your property after you pass away. Of course, that s a part of estate planning, but it is not the most important part. Estate planning is more about how the person you want to get your property actually gets it. The how is far more important than the who. Do you give someone money outright? Do you want to use a Trust? What about the Estate Tax? Etc. We often talk about the who because it is important to most people. However, it creates a misconception that it is all you need to think about. That leads some people to think that they can make their own estate plans without the help of an attorney. If all you think estate planning is is deciding who gets what, then it is easy enough to make a list on your own. However, what is not easy is determining how and making that on your own. That s why you need an estate planning attorney
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Here is an update, remember, your intent could be key, never talk to the police and your intent should never be to build to fire from the shoulder, any evidence to the contrary could be risky, "emails, conversations, FB postings... you should never post things or state things that you would not want others to repeat and use against you. #SB15   #guntrustlawyer   #criminaldefenselawyer  
We are all familiar with the inconsistency of the ATF. The ATF has changed their position on the Sib Brace (SB-15) with a pistol. While the ATF, still states that it is legal to use the SB-15 as intended (strapped...
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David Goldman

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Undue influence in Florida
 
Undue influence is a cause of action used to challenge the validity of a testamentary document, whether a Last Will & Testament or a Trust.  As the Second District Court of Appeal in Florida noted, the conduct of a person charged with “undue influence, as it is required for invalidation of a will, must amount to over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that there is destruction of the free agency and will power of the one making the will. Mere affection, kindness or attachment of one person for another may not of itself constitute undue influence.”  Heasley v. Evans, 104 So. 2d 854, 857 (Fla. 2d DCA 1958).

While competency is not the primary issue in a case of undue influence, a testator who suffers from declining health may be more susceptible to undue influence. The determination of same is decided when the making of the Last Will and Testament was contrary to the testator’s intent. Because undue influence challenges cannot be brought until after the testator’s death, extensive discovery is necessary. Each case involving allegations of undue influence must be determined on its own facts. Estate of MacPhee, 187 So. 2d 679 (Fla. 2DCA 1966). It is not unusual that the only evidence of undue influence is circumstantial, as the conduct that amounts to undue influence (if present) is not normally seen by others. To create a presumption of undue influence there must be a finding of a confidential (or fiduciary) relationship, the active procurement of the will by the beneficiary and a substantial benefit to that beneficiary. In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). It is almost always the “active procurement” which is at issue in an undue influence case.  There are seven (7) factors to be considered by the courts, which have been written about extensively on this site. 

In Florida, the presumption of undue influence is a rebuttable one. F.S. §733.107. Once proper execution of the Will(or trust) has been established, the individual challenging the documents has the burden of presenting evidence to prove the elements of undue influence by a preponderance of the evidence. Unlike a criminal case, where the government must prove its case to the exclusion of any and all reasonable doubt, the burden of proof is the lesser standard of a preponderance. If the case of undue influence has been established by the contestant, the burden of proof then shifts to the proponents of the will, who must come forward with evidence that the will (or trust) was not the result of undue influence. Diaz v. Ashworth, 963 So. 2d 731 (Fla. 3d DCA 2007).
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Sig Brace  SBR or Not? http://www.guntrustlawyer.com/2014/11/atf-update-on-sig-brace-sbr-or.html
 WHy is it ok on a AR but not Shotgun?
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So you can feed the pigeons in Ft. Lauderdale but not people
Jacksonville Criminal Defense & DUI lawyer provides advice about DUI, drug crimes, marijuana possession charges, traffic tickets, violations, drivers license suspensions, theft, assault, sex crimes, and other criminal defense law issues in Duval, Clay, St. Johns county.
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This "law" is absolutely ridiculous, the man should be recognized for his charity, not punished. Thanks for sharing this story, +David Goldman 
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News from ATF on Stabilizing braces.  --For a $200 savings, why take a risk of criminal and financial loss.
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Clear as mud except for one thing:  when it benefits the government to make intent a factor, they do so. When it doesn't, they find a way around it.  

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Can a Parent be Criminally negligent over their child? Jacksonville Criminal Defense Lawyer, Markus Sermons explains how #jacksonvillecriminaldefenselawyer   #jacksonvillecriminallawyer  
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How this
about annoying email marketing solution
 
Drowning in email? I use SaneBox to instantly clean up my Inbox: http://sanebox.com/t/9kvwq. It really works and I've reduced the amount of time I spend on email triage by 80%. Try it - you'll like it!
SaneBox automatically filters unimportant messages and helps you get through your emails faster than ever. It just works. Try it free for 14 days!
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Gun Trust Lawyer - North Carolina Machine Gun Clarification
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Time to send comments to FWC about legalizing suppressors in FL  http://www.guntrustlawyer.com
Vote is tomorrow
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Have him in circles
3,930 people
Tonya Page's profile photo
Bob Friedenthal's profile photo
Brent Blanchard's profile photo
mircea stancu's profile photo
Valarie Denise LTLMEDIAPR Denver's profile photo
Tracey Cen's profile photo
Law Offices of Michael M. Raheb, P.A.'s profile photo
Rabihah Scott's profile photo
Kevin Buchholz's profile photo
Work
Occupation
Gun Trust Lawyer, Asset Protection, Estate Planning, Probate Lawyer
Skills
Estate Planning, Asset protection, Probate, Elder Law, NFA Gun Trust Lawyer
Employment
  • Law Office of David M. Goldman PLLC
    Gun Trust Lawyer, Asset Protection, Estate Planning, Probate, 2008 - present
    Managing Lawyer at Apple Law Firm focusing on probate, estate planning, elder law, asset protection, NFA trusts, Gun Rights, and Gun Trusts who is licensed in Texas and Florida
  • Law Office of David M. Goldman PLLC, DGR, Bottom Line Distribution, PowerTools, MacProducts...
Basic Information
Gender
Male
Story
Tagline
Jacksonville Florida Estate Planning, Asset protection, NFA Gun Trust Lawyer®
Introduction
I have been involved in starting and managing technology related companies involved in distribution, manufacturing, marketing, retail, direct marketing and e-commerce for over 20 years.  

After going to law school, I started the Apple Law Firm and applying my business experience and business knowledge to the practice of law. The Apple Law Firm has several blogs:

Places
Map of the places this user has livedMap of the places this user has livedMap of the places this user has lived
Currently
Jacksonville, FL
Previously
Dunwoody, GA - Austin, TX - Jacksonville, FL - San Antonio, TX - Las Vegas, NV - Washington, DC
David Goldman's +1's are the things they like, agree with, or want to recommend.
Mobile-Friendly Test
www.google.com

This test will analyze a URL and report if the page has a mobile-friendly design. Learn more about the mobile-friendly criteria and how it m

Theodore Roosevelt's suppressed 1894 Winchester
nrablog.com

Roosevelt's 1894 Winchester lever action rifle was fitted for a suppressor so he could hunt varmints on his Long Island estate.

Revocable Trusts and Asset Protection
www.floridaestateplanninglawyerblog.com

Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the

Jacksonville Probate Litigation Lawyer :: Probate Litigation Lawyer :: B...
www.jacksonvillelawyer.pro

Law Office of David M. Goldman PLLC - Jacksonville Probate Litigation Lawyer - Baker County, FL Probate Attorney

Jacksonville, Florida Traffic Ticket Lawyer :: Traffic Tickets :: Clay C...
www.jacksonvillelawyer.pro

Law Office of David M. Goldman PLLC - Jacksonville, Florida Traffic Ticket Lawyer - Clay County, Florida Speeding Ticket Defense Attorney

First Look: Gilboa Snake Double Barrel AR-15 - Guns & Ammo
www.gunsandammo.com

Sporting a unique double barrel design, the Gilboa Snake is built to deliver twice the firepower. Watch our video of the Gilboa Snake double

The Gun Vault : Action Target
www.actiontarget.com

The Gun Vault, a 25000 square foot facility based in the suburbs of Salt Lake City, says it sets the standard for what Utah residents can ex

Jacksonville Florida Estate Planning Lawyer - Duval County, FL Asset Pro...
www.jacksonvillelawyer.pro

Apple Law Firm - Jacksonville Florida Estate Planning Lawyer - Duval County, FL Asset Protection Attorney - Jacksonville Foreclosure Defense

Jacksonville Criminal Defense Lawyer Blog :: Published by Jacksonville, ...
www.jacksonvillecriminaldefenselawyerblog.com

Jacksonville Criminal Defense & DUI lawyer provides advice about DUI, drug crimes, marijuana possession charges, traffic tickets, violations

Girls night only
www.news4jax.com

VIDEO: Safety, protection, and preparedness are among the leading reasons many women are getting a permit to carry a gun. There are now six

Video: How To Purchase a Silencer
www.outdoorlife.com

First off, a confession. I’m not really prone to man crushes, but when it comes to the whacky crew of dudes at Silencerco, I have to admit t

Police Use “StingRay” Device to Monitor Cellphones
www.thenewamerican.com

Using a device called StingRay, police across American are able to intercept calls and texts from cell phones — often without a warrant. by

Lawyers With Purpose
plus.google.com

Creating communities where people can protect what’s important to them and where client-centered lawyers can be valued for the peace of mind they help provide.

Apple Law Firm PLLC in Jacksonville, FL - 904-685-1200
www.whitepages.com

The Apple Law Firm was founded by Florida & Texas Lawyers many of whom were clients first. As a result, our services, fees, and business obj

Wyoming Lawmakers Vote to Let School Staff Carry Guns
www.thenewamerican.com

Wyoming lawmakers voted to advance a bill that would permit school staff with concealed carry permits to bring their guns on campus. by Rave

Can I use a Nolo living trust to make a gun trust? - Nolo.com
www.nolo.com

Can I use a Nolo living trust to make a gun trust?

BREAKING: Obama Administration Proposes 2 New Gun Control Executive Orde...
gunssavelives.net

As one of the administrations first executive actions of 2014, the Vice President's office on Friday presented two new proposals for executi

GOOD GUY WITH A GUN: Armed school officer stopped Arapahoe High School s...
bearingarms.com

Authorities are dramatically revising the response time of law enforcement officers to the Arapahoe High School shooting on Friday. Original

Great service and inventory. Great Gun shop
Public - 4 months ago
reviewed 4 months ago
When it works, it works well. Their business customer service is poor. It reminds me of ATT in the 70's and 80's. Clark Howard said on his radio show and website that the only way to get anyone who cares is to post your experience online. So this is my last attempt to fix our service problems before switching to another service. Service use to work find until building was hit by lightning 6 months ago, now they cant seem to keep reliable connections. Cant speak to anyone who can do anything or make any decisions. Local service reps say they hear this problem all the time but no way to fix it.
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Public - a year ago
reviewed a year ago
I have had GPI work on my Saiga, Ruger, and M16. They have always done a great job and have been reasonable on prices. Lee has an eye for design and is always creating new and interesting products. If you have a special project you should discuss it with GPI. If you guns are dirty, they have one of the best ultrasonic gun cleaners I have seen. They made my silencers look like new.
Quality: ExcellentAppeal: ExcellentService: Excellent
Public - 2 years ago
reviewed 2 years ago
One of the best lunch spots in Jacksonville. Get there early (11:30) or it could be a long lunch. Great bread and deserts
Quality: ExcellentAppeal: ExcellentService: Very Good
Public - 3 years ago
reviewed 3 years ago
8 reviews
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Poor service, misrepresented terms by sales. Very slow to respond to service requests. Not sure if anyone is better, it might just be the industry
Public - 2 years ago
reviewed 2 years ago
Great support in Jacksonville for Macintosh OS and Mac Servers. Would highly recommend them. They have fair rates and quick response. Onsite support is available and also very good with remote support. Best of all they do not break things when they fix others like most consultants.
Public - 3 years ago
reviewed 3 years ago
Texas Estate Planning Lawyer blog is great. I am a Florida lawyer and have enjoyed reading his blog and his insightful information on Texas probate and estate planning
Public - 3 years ago
reviewed 3 years ago