by Dave Duringer - Protective Law Corp | Feb 26, 2017 | Creditors & Predators, Estate Planning, Tax Planning, Trust Admin
The Bespoke Trust Protector – Tailoring the Protector's Role from Matthew McClintock WealthCounsel VP Matt McClintock has been at the forefront in this cutting edge planning area — adapting the age-old concept of trust protector, commonly used in...
by Dave Duringer - Protective Law Corp | Feb 26, 2017 | Archived, Asset Protection, Creditors & Predators, Retirement Planning
That adds up to £240,000 a year and will amount to a £2.16million fortune by the time of his anticipated release.Under America’s Employee Retirement Income Security Act, the pension cannot be touched by creditors, despite Simpson owing almost £27million....
by Dave Duringer - Protective Law Corp | Feb 8, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Family Protection, Financial Mentorship
I don’t agree with everything in this article, but it does make a good point about the lack of estate planning. It is surprisingly tough sometimes to get families to consider holding funds in trust to prevent kids from blowing their inheritance, and I can...
by Dave Duringer - Protective Law Corp | Feb 7, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Tax Planning
Utah Jazz Owner, Gail Miller, recently made basketball news by announcing that she and her family had transferred the NBA team and the Vivint Smart Home Arena into a dynasty trust. Gail Miller and her late husband, Larry Miller, bought the franchise in 1985 for...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Creditors & Predators, Estate Planning, Regulatory Compliance, Venture Protection
But, what about political risk? Given today’s volatile political environment, it seems especially prudent to raise this topic. A quick glance at the headlines is all one needs to appreciate that these are treacherous times that require organizations to take...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Creditors & Predators, Estate Planning
Kloiber case recap: Does a Delaware Dynasty Trust still work? Yes, but only if it’s a fully discretionary trust. Do not ever draft a Delaware trust with health, education, maintenance and support distribution language since that is susceptible to the Garretson v....
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Financial Mentorship, Retirement Planning, Spendthrift Children
Luck all around, despite the bad planning. Carrie had formal next of kin, daughter Billie Lourd, who inherits the house, the money and presumably the French bulldog even if the outspoken and occasionally erratic actress forgot to leave a valid will behind....
by Dave Duringer - Protective Law Corp | Jan 15, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Income Tax, Tax Planning
The court also found that Dee Wyly, the widow of Charles Wyly (who was Samuel Wyly’s brother and business partner), hadn’t committed tax fraud, even though she was a joint signer on Charles’ returns. However, she must pay taxes, penalties and interest for a...
by Dave Duringer - Protective Law Corp | Jan 14, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Retirement Planning, Tax Planning
There are many types of advisors, but only lawyers are subject to state bar ethics rules and able to provide attorney-client privilege for confidentiality. Most importantly, planning is not all about money, and we know that. Go to http://Protect.LIFE and let an...
by Dave Duringer - Protective Law Corp | Jan 13, 2017 | Asset Protection, Business Succession, Career Maintenance, Career Preparation, Creditors & Predators, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Financial Mentorship, Gift Tax, Income Tax, Retirement Planning, Tax Planning, Venture Protection
Among the chief goals of succession planning is providing continuity of management and minimizing the tax costs of transferring property interests to new generations.Source: Six Things Family-Owned Firms Should Know About Succession Planning
by Dave Duringer - Protective Law Corp | Jan 8, 2017 | Asset Protection, Creditors & Predators, Estate Planning
Personally, I think this is the best of the several solutions discussed: Another way for clients to avoid new account fraud is to put a freeze on their credit report with all three bureaus, which prevents anyone else from opening accounts in their name. There is...
by Dave Duringer - Protective Law Corp | Jan 2, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Family Protection, Health Planning
On Dec. 13, 2016, President Obama signed the 21st Century Cures Act (H.R.34 — 114th Congress (2015-2016)). Section 5007 of the Act, titled “Fairness in Medicaid Supplemental Needs Trusts” incorporates language from the Special Needs Trust Fairness Act of 2015...
by Dave Duringer - Protective Law Corp | Jan 2, 2017 | Asset Protection, Career Preparation, Creditors & Predators, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Religious Faith
A truly nerdy advisor with too much time on his hands put this together. Why nothing on Star Trek TOS? In preparation for “Rogue One: A Star Wars Story,” here are 15 lessons from the film series to help you be a financial planning Jedi. Source:...
by Dave Duringer - Protective Law Corp | Jan 2, 2017 | Asset Protection, Creditors & Predators, Estate Planning, Health Planning, Probate Admin, Retirement Planning, Spendthrift Children, Trust Admin
He has outlived all 10 of his siblings as well as his four wives, the last of whom died in 1988. All of his children have also died, and now he is survived by his grandchildren, great grandchildren, and great-great grandchildren. Source: World’s oldest...
by Dave Duringer - Protective Law Corp | Dec 8, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Spendthrift Children
During the 1930s, there was a spike in the number of trusts created as wealthy families responded to steep increases in federal gift and estate tax rates. These trusts are now approaching mandatory termination dates and advisors must consider how best to help...
by Dave Duringer - Protective Law Corp | Sep 27, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Estate Tax, Income Tax, Tax Planning
Good news! The IRS just issued, moments ago, a new Revenue Procedure 2016-49, modifying Rev Proc 2001-48, removing a possible grey area in the use of the so-called Clayton election for flexible and comprehensive post-mortem (i.e., portability and reverse QTIP) tax...
by Dave Duringer - Protective Law Corp | Sep 25, 2016 | Asset Protection, Creditors & Predators, Estate Admin, Estate Planning
This round of leaks is somewhat less thrilling than those from Mossack Fonseca’s operations in Panama (although their name does come up) because the data uncovered is largely corporate registries, which contain only the basic components of offshore companies—name,...
by Dave Duringer - Protective Law Corp | Sep 16, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Estate Tax, Gift Tax, Income Tax, Tax Planning
This is authored by Matt McClintock, VP of Education for WealthCounsel: I initially created this article as a resource for members of WealthCounsel, but we share it with the entire industry. To that end, I’m sharing this resource here and encourage attorneys and...
by Dave Duringer - Protective Law Corp | Aug 31, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Income Tax, Retirement Planning, Tax Planning
If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when people die embarrassed. And at Protect.FM, we believe good estate plans protect families. We make it easy for your family to attain the comfort of skill at arms. David R. Duringer, JD,...
by Dave Duringer - Protective Law Corp | Aug 31, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Gift Tax, Tax Planning
Conclusion In order to split gifts to a trust when Mom is a beneficiary of the trust, the gifts to children must be ascertainable and severable from gifts to Mom. Unfortunately, there is ambiguity in interpreting this phrase, but the Service seems to permit gift...
by Dave Duringer - Protective Law Corp | Aug 5, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Family Protection
Some great info and advice here. Also some worthless psychobabble. In crafting an estate plan, many clients struggle with sleepless nights caused by wrenching emotional issues pertaining to their relationships with their children, their value systems, their...
by Dave Duringer - Protective Law Corp | Jul 26, 2016 | Asset Protection, Creditors & Predators, Family Protection, Financial Mentorship, Spendthrift Children
As parents, our clients want the best for their children, perhaps especially when those children become adults. Learning good financial habits can be central to a successful and independent adulthood. Yet, most young adults feel they’re thrown into the world without...
by Dave Duringer - Protective Law Corp | Jun 28, 2016 | Asset Protection, Creditors & Predators, Entity Formation, Income Tax, Tax Planning, Venture Protection
The IRS recently released temporary regulations clarifying that an employee of a disregarded entity is liable for self-employment tax if the employee is a partner in the partnership that owns the disregarded entity. See Treasury Decision 9766 (May 4, 2016). Source:...
by Dave Duringer - Protective Law Corp | Jun 23, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Retirement Planning, Tax Planning
The beneficiary designations on financial accounts are crucial decisions that will impact the success of a financial or estate plan. Here are 10 common mistakes that advisors should discuss with their clients. Source: Photo Gallery: Top 10 Beneficiary Designation...
by Dave Duringer - Protective Law Corp | Jun 8, 2016 | Asset Protection, Creditors & Predators, Family Protection
News9.com – Oklahoma City, OK – News, Weather, Video and Sports | Yet another reason to avoid outright distributions in your estate plan: It’s called an ERAD, or Electronic Recovery and Access to Data machine, and state police began using 16 of them...
by Dave Duringer - Protective Law Corp | Jun 8, 2016 | Asset Protection, Creditors & Predators, Estate Planning, Spendthrift Children, Tax Planning
Here are the six primary benefits of a lifetime discretionary trust: 1. Protection From Liabilities An inheritance that goes directly into the beneficiary’s pocket is readily available to pay the beneficiary’s liabilities from a car accident, in bankruptcy, or after a...
by Dave Duringer - Protective Law Corp | Apr 15, 2016 | Asset Protection, Creditors & Predators, Income Tax, Tax Planning
http://leimbergservices.com/rss/Keebler-PLR201614007.mp3 The IRS has approved another non-grantor, incomplete gift trust. NINGs, DINGs, etc., are useful to avoid high state income taxes and are also useful for asset protection. See PLR 201614007. If attacked, do you...
by Dave Duringer - Protective Law Corp | Apr 12, 2016 | Asset Protection, Creditors & Predators, News & Commentary
Asset protection — nowadays, it’s not just for doctors and business owners: WASHINGTON (Reuters) – Law enforcement officers in the United States are increasingly buying professional liability insurance policies amid worries they may be sued for their...
by Dave Duringer - Protective Law Corp | Apr 12, 2016 | Creditors & Predators
Consider asset protection for surviving spouse and children, in your plan and that of your parents: Seniors are more likely to be targeted by fraudsters for a number of reasons. They tend to have more money saved up and they may be more vulnerable due to cognitive...
by Dave Duringer - Protective Law Corp | Apr 5, 2016 | Asset Protection, Creditors & Predators
Mossack created bespoke shell companies, often located in international tax havens like the British Virgin Islands, Panama and the Bahamas, for wealthy clients looking to house assets in secret. Transactions generally occurred through a series of intermediaries to...
by Dave Duringer - Protective Law Corp | Feb 10, 2016 | Asset Protection, Creditors & Predators, Retirement Planning
There are several states, notably California, that have become increasingly aggressive in pursuing traditional IRA assets in liability cases. Accordingly, investors should seek to keep as much as possible in segregated ERISA-sponsored retirement investments, as they...
by Dave Duringer - Protective Law Corp | Aug 18, 2014 | Creditors & Predators, Trust Admin
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by Dave Duringer - Protective Law Corp | Aug 18, 2014 | Creditors & Predators, Tax Planning
Asset protection is an important benefit an estate plan can provide for your family, but oftentimes there is no such planning with respect to retirement assets. This is why I have long encouraged clients to consider a separate “Standalone Retirement...
by Dave Duringer - Protective Law Corp | Aug 18, 2014 | Creditors & Predators, Tax Planning
Want to escape high state income taxes? On March 7 the IRS in PLR 201410010 approved another NING trust (Nevada Incomplete-gift Non-Grantor Trust), which is incomplete for transfer tax purposes while remaining a non-grantor trust for income tax purposes. This trust,...
by Dave Duringer - Protective Law Corp | Aug 18, 2014 | Creditors & Predators, Firearm Legacy, Spendthrift Children, Tax Planning
An irrevocable inter vivos trust (IRT) is a trust created during the settlor’s lifetime, over which settlor retains no power to alter, amend or revoke. Although RLT’s typically become irrevocable on the settlor’s death, they are not called irrevocable trusts. Trusts...
by Dave Duringer - Protective Law Corp | Aug 16, 2014 | Business Succession, Creditors & Predators, Limitation of Liability
Set up your business with tax planning, estate planning, asset protection, and family protection in mind. In this economy, you need every competitive advantage, and your competitors are not standing still when it comes to tax planning. Estate planning and business...