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Atty Dave Duringer on Hometown Radio with Dave Congalton KVEC 920AM 20241203

Yes California, BDOT can Yield Better Asset Protection

There seems to be a misconception among some California estate planning attorneys that BDOT planning (BDOT stands for Beneficiary Deemed Owner Trust; also called a 678 trust, named after IRC §678) is inconsistent with, and should never be used with, a trust designed...

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...

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...

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...

Trump Voters (59%) Far More Likely Than Biden Voters (19%) to Prioritize Marriage and Children, Poll Finds

A new Pew poll finds that Trump voters are FAR more likely (59%) than Biden voters (19%) to say that society should prioritize marriage and having children. That the rate is higher among Trump voters should not surprise anyone. I’ve definitely noticed a...

As Your Kids Consider Sterilization, Incentives Can Make a Vas Deferens

Increasingly, young adults are choosing permanent sterilization. Your estate plan can punish them for doing so. (Or reward them, whatever.) Not talking about transgender surgery. Big sterilization issue there obviously, but that was the subject of another recent post....

Suicide Risk Doubles with Transgender Surgery

California men who undergo transgender surgery (removing male genitals and replacing with something else) double their risk of suicide. How long will we continue to allow this demonic, macabre nonsense? Most children confused about what sex they are, grow out of that...

SECURE 2.0 Act, You, and Your IRA Beneficiaries

On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). The previous SECURE Act in 2020 made several changes to retirement planning: It increased the required beginning date (RBD) for required...

Israel Gun Ownership Only 2%, Lack of Gun Culture Threatens Families

[UPDATE: Gun sales and license applications are now surging in Israel. Imagine that. Almost like LA, the day after a riot. Does the same thing happen with fire extinguishers?] Israel gun ownership is only 2%. By contrast, over half of Americans own guns. It is not a...

How to Talk to Your Family About Business Succession

Benjamin Franklin famously quipped, “If you fail to plan, you are planning to fail.” From the very beginning, you had a plan for your business to succeed. You set goals and developed methods to achieve those goals. Your business has stood the test of time because you...

Prodigal Son Breaks News To Dad That He Spent His Entire Inheritance On Gender Studies Degree

I stole the title of this post from a great Babylon Bee article that just came out. For those who don’t know, Babylon Bee is satire. Strangely, their satirical articles often do come true. And this particular title hews closely enough to family settings often...

The BDOT Option for Trusted Beneficiaries

The Beneficiary Deemed Owner Trust (BDOT) is one of several options to consider for “trusted beneficiaries” (pun intended) to whom you are open to giving some access to trust income and/or principal. (Another option might be the Beneficiary Controlled...

SECURE Act: How It Will Affect You and the Beneficiaries of Your Retirement Accounts

  Dear Clients and Students, On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most impactful legislation affecting...

California’s new Uniform Trust Decanting Act brings Opportunity, Risk

California recently (9/14/18) joined a few other states that have enacted the Uniform Trust Decanting Act. A lot of states have decanting statutes, several dozen in fact, but they vary greatly and this uniform act is more restrictive than those in some of the more...