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, Estate Planning, Family Protection
“Delaying conversations until a life event forces the subject means making decisions during a time of crisis that are often driven by emotion — by this time, options are fewer and time is tight — having conversations and a plan of action well before one must...
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 | Estate Planning, Income Tax, Tax Planning
As we near tax season, below are some tips for CPAs when planning and preparing tax returns for trusts, along with a link to an upcoming webinar on this very topic.Remember, trusts with 2016 taxable income over $12,400 pay regular income tax at the top income...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Estate Planning, Family Protection
At 77, Mr. Close is among a critical mass of prominent — and profitable — artists in their twilight years (including Claes Oldenburg, 88; Ed Ruscha, 79; and Gerhard Richter, 84) facing important decisions about how to secure their creations and provide for...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Estate Planning
Of course, the fear is more about money than family. However, the number one fear voiced by Fisher’s clients is loss of access to their assets. “Access and concern about being able to affect change in U.S. located assets are key.” Source: Trump’s Travel...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Estate Planning, Regulatory Compliance, Venture Protection
Another regulation that brokers adhere to, but will likely come now to RIAs, is the mandate that the firm has a documented business succession plan in the event the advisor dies suddenly or otherwise becomes incapacitated. The risk is that many RIAs are smaller...
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 | Feb 3, 2017 | Asset Protection, Estate Planning, Retirement Planning
With a reverse mortgage you will never have a mortgage payment as long as you live in the home. Because it is insured by the government, you will never owe more than the home is worth, and the property may be willed to your heirs.The heirs may refinance the...
by Dave Duringer - Protective Law Corp | Feb 1, 2017 | Retirement Planning
Yet the economic recovery has been tepid, leaving out or squeezing many workers. Many of those laid off are in part-time or lower-level positions, or drifting in and out of the labor force. Many depleted their nest eggs to pay living expenses while they were...
by Dave Duringer - Protective Law Corp | Feb 1, 2017 | Health Planning
This is not the first such study, and I have previously suggested that attendance at my free training events, including my laser simulated range, could spark an interest in a healthy new hobby. “Mentally stimulating activities perhaps in combination with...
by Dave Duringer - Protective Law Corp | Jan 31, 2017 | Health Planning
Heart disease is the leading killer of women, responsible for one in every four female deaths, and this danger was highlighted by the tragic death of actress Carrie Fisher in late 2016. But almost two-thirds of women who die suddenly from heart disease had no...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Asset Protection, Estate Planning
The list of states is growing, but Nevada is still king for most family situations, even before considering proximity to California. On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Planning, Retirement Planning, Tax Planning
While Americans often worry about not having enough money in retirement, they seldom worry about their capacity to manage that money.1 At first glance, this lack of concern appears justified because many financial activities are so routine – like paying the monthly...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Asset Protection, Estate Planning, Property Tax, Tax Planning
This past November, San Francisco voters approved Proposition W, a ballot measure that increased real property transfer tax rates and made certain other changes to the language of the San Francisco transfer tax ordinance. One of the changes provides that any...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Asset Protection, Estate Admin, Estate Planning, Family Protection, Probate Admin, Trust Admin
By now, hopefully most people are aware that probate avoidance is one of the core benefits of a properly drafted and funded revocable trust, even one done by a trust mill that lacks the sort of comprehensive planning we do. Why is probate bad? Well, one of the...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Planning, Health Planning
Results: Among study patients (n = 104), 59% reported completing some form of ACP: living will 52%, heathcare power of attorney 54%, do not resuscitate 38%, and medical orders for scope of treatment or physician orders for life-sustaining treatment 6%. Whites...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Planning, Health Planning
When a child is away at school and falls ill or otherwise needs medical attention (including for mental health purposes), most parents assume that they will be contacted and will have all the rights and responsibilities to direct care. You may be surprised to...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Planning, Income Tax, Tax Planning
If you are stuck doing your own allocation, here are some things to consider when calculating the tax deduction. Attorney’s fees paid in connection with drafting a credit shelter trust, formulating generation skipping tax provisions, marital deduction planning,...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Asset Protection, Estate Admin, Estate Tax, Probate Admin, Tax Planning
Prince’s estate has until Saturday to file an estate tax payment for the late rock superstar, and the taxes are expected to ultimately swallow nearly half the estate’s estimated $200 million value, meaning a likely windfall of roughly $100 million for the...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Admin, Income Tax, Trust Admin
Income sprinkling is often a good strategy to avoid such high tax rates. In such a scenario, the income accumulated in a trust is distributed before December 31st of the year, and it is counted as income for the beneficiary. Unless the beneficiary is also in...
by Dave Duringer - Protective Law Corp | Jan 28, 2017 | Archived, Estate Tax, Tax Planning
While it is true that there is uncertainty in tax planning now (there always is) and there is a distinct possibility that the estate tax will be repealed and we should of course urge our clients to update after such a major change, it is not true that we cannot...
by Dave Duringer - Protective Law Corp | Jan 28, 2017 | Asset Protection, Family Protection
The government isn’t the only entity from which clients may wish to shield their assets. Perhaps your client owes money all over town, but would still like to leave something for his kids, or maybe he doesn’t trust his daughter’s husband and wants to ensure...
by Dave Duringer - Protective Law Corp | Jan 28, 2017 | Archived, Asset Protection, Estate Planning, Estate Tax, Income Tax, Tax Planning
Think I’m noticing a trend here. A few months ago, IRS finally came out in support of using Clayton election for portability planning, after years of silence led to suspicion otherwise, and now years after repeal of 1022, the IRS decides to issue regs...
by Dave Duringer - Protective Law Corp | Jan 27, 2017 | Archived, Asset Protection, Estate Planning, Family Protection, Horror Stories
Avvo takes a strikingly binary view of a problem that is a lot more complicated than they let on: how to attract millennials as clients. People say I have a nice website, I’ve been ranked by Justia as the No. 6 lawyer in the US in terms of twitter...
by Dave Duringer - Protective Law Corp | Jan 27, 2017 | Asset Protection, Retirement Planning
Enjoy the run, because it may not last. This past year provided evidence that there’s a growing grassroots revolt brewing among the individual investors who have been so crucial to the securities industry for decades. This awakening is likely irreversible...
by Dave Duringer - Protective Law Corp | Jan 27, 2017 | Archived, Asset Protection, Estate Planning, Estate Tax, Income Tax, Tax Planning
“Estate freeze” is a term that’s so commonly tossed around in the estate planning community that it’s actually become fairly useless shorthand, as it can be used to describe such a wide variety of techniques. However, as discussed by Jeffrey N. Pennell in his...
by Dave Duringer - Protective Law Corp | Jan 27, 2017 | Asset Protection, Estate Planning, Tax Planning
Please share this info with all of your Democrat friends who promised to leave the US if Trump was elected. Seriously — how often does the Italian government change hands? Too often. Eligible taxpayers—that is, individuals who haven’t qualified as Italian tax...
by Dave Duringer - Protective Law Corp | Jan 27, 2017 | Estate Planning, Retirement Planning
These must be the same Satanic voices that give us LegalZoom and self-driving road hazards. I dissent. Are there any humans left? Enough with these charlatans and their dangerous, destructive boondoggles. In the future, I can see this evolving into a more...
by Dave Duringer - Protective Law Corp | Jan 26, 2017 | Asset Protection, Retirement Planning
Tactical management was created to meet the typical investor’s needs and expectations. While still considered active, tactical management is quite different. Tactical management seeks growth during “normal” times but is engineered to avoid the majority of the...
by Dave Duringer - Protective Law Corp | Jan 26, 2017 | Retirement Planning
Pew’s research, based on U.S. Census Bureau survey data, found that 56 percent of part-time workers in lower-hour industries do not have access to a 401(k) or other retirement plan, compared with just 29 percent of full-time workers in higher-hour industries....
by Dave Duringer - Protective Law Corp | Jan 26, 2017 | Asset Protection, Estate Planning, Tax Planning
Planning for privacy is best started by placing an attorney (along with the attendant attorney-client privilege) at the head of your planning team. Ensure that discussions and financial transactions are as secure and confidential as possible. Source: Nine...
by Dave Duringer - Protective Law Corp | Jan 24, 2017 | Retirement Planning
(Bloomberg) –A profit center. A silent fee. One more kick in the pants.Those are a few of the ways divorce lawyers describe the fee that many 401(k) plan participants have to pay when they need to divide a retirement account in a divorce. As more wealth...
by Dave Duringer - Protective Law Corp | Jan 23, 2017 | Asset Protection, Estate Planning, Family Protection
Given some of the concerns of blended and complex families mentioned above, what route can meet Jim and Carol’s needs? The joint RLT pour-over is one good option for such a situation. The strategy contains three separate trust agreements: a joint RLT for Jim...
by Dave Duringer - Protective Law Corp | Jan 23, 2017 | Archived, Asset Protection, Estate Planning, Estate Tax, Income Tax, Tax Planning
Most agreed the new Republican regime in Washington may get rid of the long-loathed estate tax (this year levied at a top rate of 40 percent on assets above the exemption of just under $11 million for a married couple). Yet, it will almost certainly be replaced...
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 15, 2017 | Archived, Asset Protection, Estate Admin, Estate Planning, Estate Tax, Gift Tax, Income Tax, Probate Admin, Tax Planning, Trust Admin
Good advice in this article, but much of the uncertainty can be removed with thorough, comprehensive planning with an eye toward flexibility. For example, in our planning (http://Protect.LIFE), we offer not only the current flexibility of the Clayton election,...
by Dave Duringer - Protective Law Corp | Jan 15, 2017 | Asset Protection, Estate Planning, Retirement Planning
The new president has an ambitious plan to spend money and cut taxes. Here are a few exchange-traded funds that can provide some ballast for a likely rise in both interest rates and inflation. Source: ETFs For Higher Rates And Inflation
by Dave Duringer - Protective Law Corp | Jan 15, 2017 | Asset Protection, Estate Planning, Retirement Planning
“If you believe in follow the money, you need to follow the baby boomers,” Nerbrand said in a phone interview. “Bond yields may not revert back to their historical averages even if inflation were to rise because the structural story is still there.” Source:...
by Dave Duringer - Protective Law Corp | Jan 15, 2017 | Estate Planning, Retirement Planning
Not too late to avoid this, folks: From a sensorial point of view, it’s impossible to tell the difference between the ‘real thing’ and the virtual experience. The program is purely voluntary and benefits from large economies of scale, so it is affordable to...
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 14, 2017 | Asset Protection, Estate Planning, Family Protection
What I especially didn’t like was something I heard from a colleague who had some of her own personal money with the advisor. She said he told her some gossip about another person in the firm, an employee whose 401(k) he was handling—something about the person’s...
by Dave Duringer - Protective Law Corp | Jan 13, 2017 | Asset Protection, Estate Planning, Income Tax, Property Tax, Retirement Planning, Tax Planning
California slaps high tax rates on the rich, and when they and/or their income leaves the state, the solution is…guess what…more taxes. Including property taxes, especially commercial. Or is it the gun control that is chasing good families away?...
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 10, 2017 | Asset Protection, Estate Planning, Retirement Planning
Concise, Conversational, Confident… There is a solution to speaking and being heard (in a positive context) in affluent circles. However it requires you, the financial professional, to understand what your affluent prospect (the person you’re engaging in...
by Dave Duringer - Protective Law Corp | Jan 10, 2017 | Estate Planning, Family Protection, Health Planning
Egypt and China are two big reasons to put some planning into how your agents decide to “pull the plug” — what does your advance health care directive say? CAIRO (Reuters) – Egypt has uncovered a network accused of illicit international...
by Dave Duringer - Protective Law Corp | Jan 9, 2017 | Asset Protection, Estate Planning, Retirement Planning
Quite a few celebrities with money to burn have wisely invested in commercial real estate as a means to build on their wealth. Source: Thirteen Celebrities Who Also Star as Commercial Real Estate Investors
by Dave Duringer - Protective Law Corp | Jan 9, 2017 | Asset Protection
There are some commonalities in how the industry’s most productive people manage their days. The following are a few worth mentioning. Source: Seven Tips for Building the Perfect Day