Firearms and the California Uniform Directed Trust Act
At the beginning of this year, the California Uniform Directed Trust Act (CUDTA) went into effect, codified in Probate Code §§ 16600-16632. It was a long time coming, having been first proposed back in 2010 by our state bar’s trust and estate section. When it...Gun HEET Revisited
Six years ago I posted this article proposing use of an advanced planning technique known as the Health and Education Exclusion Trust (HEET) to leave a dynastic legacy of firearm training. Such a trust might be called a Gun HEET. The Fall of the Republic and...What You Give Up with a Local Estate Planning Attorney
[Central Coast residents: You can safely ignore this article because we are here to help you with comprehensive planning.] Most of our local clients prefer to have the first meeting in person at our office in Morro Bay. After that initial meeting, many of these local...Boy, 12, Saves Father by Shooting to Stop Bear Attack
12-year-old boy saves father in Wisconsin bear attack by shooting the bear! Story here. Owen knew he had to do something to save his father’s life. “I saw him (the bear) knock him to the ground, and I just saw the black outline and shot over the dog’s back and hit the...Violent Crime Soars Under Biden-Harris
John Lott reports: The just-released data from the Bureau of Justice Statistics’s National Crime Victimization Survey (NCVS) shows violent crime has soared under Biden-Harris. If you look at rape, robbery, and aggravated assaults (the NCVS doesn’t measure murder),...IRS Allows Late Filing of QSST Election (PLR 202428003)
Under Private Letter Ruling 202428003, the IRS has allowed late filing of a Qualified Subchapter S Trust (QSST) election, to obtain relief from termination of S corporation status. The corporation represented that the termination was inadvertent and not for tax...Ohio Democrat Sen. Sherrod Brown Accepted Donations from Dead Woman
This would appear to be illegal: Sen. Sherrod Brown (D-OH) accepted campaign donations from a woman who died several months prior, records that the New York Post obtained revealed Friday. Carol Ann Baker of Elmore died at the age of 77 on December 10, 2023, at a...California Dad Fights Off Mountain Lion That Dragged 5-Year-Old Son by the Head
This is a brave dad who should be commended for quick action to save his son: The victim was treated for his injuries then released, but had to return to the hospital after experiencing complications with wounds to his eyes. His current condition is not clear, the...11-Year-Old Boy Confesses to Murder of Former Louisiana Mayor, Adult Daughter
This shocking story is a reminder that not all threats appear as Darth Vader: Police in Minden, Louisiana, revealed on Monday that an 11-year-old boy confessed to the murder of former Mayor Joe Cornelius Sr., age 82, and his 31-year-old daughter, Keisha Miles....Pet Trust can Protect Your Pets from Inflation, Haitian, Asian Threats
To you, your pet may be “Fluffy”. To someone else, your pet may be dinner. How big is the threat posed by Asian or Haitian cuisine? Probably not huge, depending where you live. But inflation is a huge threat, affecting everyone to some degree, including...Estate Reduction Surgery (SLATs, etc.) May Be Urgent
Estate reduction surgery may be more urgent than you think. Understandably, a lot of folks are sitting on the sidelines, waiting to see what happens in November — not only in the presidential race, but in the congressional races that will determine the balance...Democrats use 1865 Black Code to Disarm all Californians in 2024 (May v Bonta)
The CRPA on September 19, 2024, petitioned for en banc review of the Ninth Circuit panel’s decision regarding preliminary injunctive relief in May v Bonta (written by Judge Graber aka Grabber) oppressively curtailing the right to bear arms in California. En banc...Should I Buy a Franchise?
When starting a business, entrepreneurs typically have two options: they can either build a new business or purchase an existing business. Buying an existing business can offer the advantages of name recognition and a proven business model. The advantages can be even...Buying a Business with Real Estate
Buying a business and purchasing real estate are two very different investments. Business ownership typically requires some management skills and knowledge about market conditions, consumer trends, staffing, and finances. Ownership of real estate, on the other hand,...Cannabis: Does Your Business Need to Update Its Policies and Practices?
Over the last few decades, marijuana (aka cannabis) laws across the United States have become increasingly more permissive. In 1996, California was the first state to allow medicinal cannabis.[1] In 2012, Colorado and Washington approved legal recreational...Hiring Family Members to Work for Your Business
The decision to hire family members for your business is a delicate balancing act that involves both personal and professional considerations. Working with loved ones can create a sense of trust and unity within the workplace and has been shown to increase business...Exit Strategies for Business Owners
Starting a business requires a great deal of planning and execution. Exiting from your small business should entail a similar level of forethought and preparation. Nevertheless, some surveys indicate that nearly half of business owners have no exit strategy.[1] After...Updated I-9 Requirements: Remote Verification of Employees
Remote work has become the new norm for many employees, creating opportunities as well as challenges for employers. One of those challenges is verifying the identity and eligibility of remote workers for employment in the United States. Form I-9,[1] a document all...How to Protect Minority LLC Member Rights
The limited liability company (LLC) has only been around since the first LLC statute was enacted in 1977. Within a few decades, it has become the most popular legal entity formed by new US businesses due to its ease of formation, flexibility, low start-up costs, and...Why Are Corporate Formalities Important?
Limited liability is an important advantage provided by corporations and limited liability companies (LLCs). The personal asset protection that corporations and LLCs provide for their owners, however, is not absolute. To maintain the liability shield, owners must...Does Your Company Need a Shareholder Agreement?
A shareholder agreement is a contract between the shareholders of a corporation that outlines the rights and responsibilities of each shareholder as well as the obligations of the shareholders to one another and the corporation. Shareholder agreements, also known as...Should You Form More Than One LLC for Your Business?
There is no law that limits the number of LLCs an entrepreneur can own. Forming multiple LLCs may make sense under certain circumstances: for example, companies that have several rental properties, separate businesses with common ownership, or when one business makes...What to Do If Your Business Is in Distress
Increasing costs and rising interest rates have impacted many businesses. If your business is in crisis, there are steps you can take that could improve your business’s financial condition and help it successfully move forward. Entrepreneurs are competent, but they...What You Need to Know about Equipment Leases
Equipment leasing is an alternative to purchasing new equipment. Amid volatile interest rates and inflated equipment costs, more businesses are turning to leases as they look for ways to preserve cash while acquiring the equipment they need to operate. Equipment...Can You Draft Your Own Contracts Using AI?
Written contracts are the backbone of business relationships. They outline the rights, obligations, and expectations between parties and provide a legal framework that ensures parties keep their promises. Absent written contracts, business relationships are less...What Is an LLC Distribution?
A distribution from a limited liability company (LLC) is a payment of cash or property made by an LLC to the LLC’s owners, also known as members. Although state law sets forth certain default rules, LLC members can specify in the LLC’s operating agreement when and how...Should You Convert Your Sole Proprietorship to an LLC?
When you are first starting a business, operating it as a sole proprietorship may make a lot of sense. Sole proprietorships are simple and inexpensive to set up and maintain: they are operated by a single taxpayer and are the most common form of business organization....Ninth Circus Panel Suddenly Bans Licensed Carry, Agrees Much of California is a Sensitive Place
The Ninth Circuit panel in the May and Carralero (“May v Bonta”) sensitive places cases yesterday issued its opinion, written by Judge Graber (i promise to refrain from adding another b to her name), which, if not soon corrected by en banc ruling (either...The Fatted Calf Trust
I’ve written several times lately on disinheritance and more benign alternatives to disinheritance. There is definitely a trend afoot toward greater disinheritance. I’ve noticed this trend in comments from colleagues on our estate planning attorney online...No CRPA, AB 262 is Alive, Engrossed and Enrolled!
[UPDATE: Gov. Noisome signed AB 262 into law on 9/22/24.] AB 262 is an innocuous sounding bill providing for the study of safety regulations relating to children’s camps. Yet given California’s recent history of attacking gun culture, we can expect this...Massachusetts Supreme Court: Switchblade Carry Ban Violates 2A
The Massachusetts Supreme Court in Commonwealth v Canjura has struck down a ban on switchblade carry as violating the Second Amendment. Following Bruen analysis, the Court could not find any historical analogues from the time of the Founding, or ratification of the...Ninth Circuit Blocks California’s “1-in-30” Gun Purchase Ban
The Ninth Circuit in Nguyen v Bonta has reversed its stay on a preliminary injunction against California’s “1-in-30” ban on purchasing more than one firearm in a thirty day period. After only one day of oral arguments, it was clear the State could...Is your Trust a Parachute or merely a Safety Net?
There is a wonderful recent story about a Minnesota family that has baptized 27 babies over three generations with a baptismal gown made from the World War II parachute that saved grandpa’s life! I’m always coming up with analogies for trusts and often use...Brother of Terri Schiavo Warns Against Weakened Catholic Teaching on Basic Care
The brother of Terri Schiavo, famous in the estate planning world for issues surrounding her diagnosis of Persistent Vegetative State (PVS), is warning of a possible weakening in Catholic teaching in favor of providing basic care for the incapacitated. The brother,...Armed Citizens Stop 35% of Mass Shootings (Over Half if Gun Free Zones Excluded)
After correcting massive errors found in FBI reports, Dr John Lott reports that at least 35% of mass shootings from 2014 through 2023 were stopped by private armed citizens. (I’m intentionally using the term “mass shooting” even though the studies,...More Knife Attacks in Gun Free Europe, Germany Pursues Knife Control
The stream of reporting continues on knife attacks in gun free Europe. I don’t know if that’s because the frequency of these attacks has increased, or if this is just due to increased media attention, but it’s always interesting to note the...Ahem… American Housing and Economic Mobility Act of 2024 (AHEMA)
The American Housing and Economic Mobility Act of 2024 (AHEMA) is a giant $5 trillion tax increase now before both houses of Congress which has the potential, if Democrats end up with enough control after elections this year, to radically change estate planning. These...Bear Attack in Northern California
I’ve posted several times before on the occasional mountain lion attack in California, but bear attacks are less common here. (A few years ago this young California lady was attacked while taking a nap in her backyard near Los Angeles; of course Canadians see...Did Morro Bay Council, Staff, Police, Conspire to Infringe 2A Rights in Retaliation for Political Speech?
Documents produced by Morro Bay city clerk on request for public records: 3_ccw denial response to mbpd 1_Duringer Denial Letter draft.doc-redacted Response to your PRA request.html-redacted Re Safety.html-redacted Re Response to your PRA request.html-redacted RE PRA...Which States Allow Armed Teachers?
Kamala Harris, in a recent speech to the American Federation of Teachers, mocked as “extremists” those who would arm teachers for classroom defense: “While you try to create safe and welcoming places where our children can learn, extremists attack our...More Americans Armed for Self-Defense than Ever Before
Breitbart reports on CNN report that more Americans are now armed for self-defense than ever before. The report cited data from Injury Prevention journal, which revealed the percentage of gun owners that cited “personal protection” as the reason for getting a gun...Avoid Musk Transgender Tragedy with Trust Planning
Elon Musk blames the “woke mind virus” for robbing him of his son whom he considers basically dead at this point because of the transgender cult. Call it cultural marxism, woke, whatever, I have definitely seen a trend among colleagues on estate planning...Recent Examples of Hollywood Anti-Gun Scripts
John Lott has some examples here of recent Hollywood propaganda using anti-gun scripts. This is a longstanding problem I’ve posted on for many years, particularly on bad gun handling. Lott notes (with examples) such shortcomings as failing to portray successful...CDC Data Shows Increase in Homicides
John Lott reports here that the CDC is showing an increase in homicides despite the FBI reporting a sharp drop in murders. Lott has previously criticized FBI data in recent years. One major problem is the large drop in police department reporting to FBI. The only...Mass Stabbing Kills 3 Little Girls on Gun Free Island
UPDATE: To quell out-of-control rumors and riots resulting from the information vacuum, British judge has released information about the suspect in custody even though he is a minor, a few days short of his 18th birthday. Turns out the suspect is a migrant from...Take an Estate Plan Test Drive
Unfortunately, you really do not know exactly how well your estate plan will work until after you are gone. No way around that, but you can improve chances with thorough comprehensive planning and a good maintenance plan. But there is something else you can do: You...CBP Nabs 3 Palestinian Terror Suspects Crossing Border into California
Ominous report from San Diego: Border Patrol agents took three suspected Palestinian terrorists into custody earlier this month after they illegally crossed the border from Mexico into California, the New York Post reported. One of the men reportedly had a “salacious...Is Open Carry Protected by 2A?
About a month ago the video at left was posted by Mark Smith of the Four Boxes Diner channel who, like me and quite a few other attorneys, is a member of the US Supreme Court bar, a fact I know only because he actually introduces himself as such in the first few...How Businesses Can Plan for Sunsetting TCJA Provisions
The Tax Cuts and Jobs Act (TCJA) of 2017 made several significant changes to the tax code that affect small businesses and business owners. It introduced the qualified business interest deduction, added a bonus depreciation deduction for qualifying property, and...
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