by Dave Duringer - Protective Law Corp | Sep 6, 2016 | Asset Protection, Estate Planning, Family Protection
Dividing an estate unevenly is likely to result in hurt feelings at the least. But honest discussions ahead of time can solve many problems. Source: How a Will Treating Children Differently Can Still Be Fair – The New York Times If attacked, do you want to be...
by Dave Duringer - Protective Law Corp | Sep 6, 2016 | Asset Protection, Business Succession, Estate Planning, Venture Protection
If you constitute a significant part of your company’s value (a/k/a a Consequential Owner), and you have left the scene, there will likely be few buyers interested in your company, and those who are will likely pay significantly less than they would had you been an...
by Dave Duringer - Protective Law Corp | Sep 5, 2016 | Archived, Asset Protection, Estate Planning, Estate Tax, Income Tax, Tax Planning
You cannot ignore death tax planning just because the federal estate tax exemption is high now. Congress can lower the exemption at any time. Even if the federal exemption remains high, you may end up moving at some point to a state that has a state-level estate or...
by Dave Duringer - Protective Law Corp | Sep 4, 2016 | Asset Protection, Estate Planning
[UPDATE: This bill was approved on 9/24/2016.] A bill to clarify fiduciary access and obligations with regard to digital assets has been sitting on Governor Brown’s desk since Thursday. Hopefully, the Governor can take a break from depriving the fundamental...
by Dave Duringer - Protective Law Corp | Sep 4, 2016 | Asset Protection, Estate Planning, Retirement Planning
https://youtu.be/6vse2Hw-pU0 The 2016 campaign is shaping into one of the most divisive elections in history, and a new study finds that one party has an advantage when it comes to planning for the future. According to Personal Capital’s 2016 Election Survey,...
by Dave Duringer - Protective Law Corp | Sep 3, 2016 | Asset Protection, Charity, Estate Planning, Estate Tax, Family Protection, Gift Tax, Income Tax, Tax Planning
[slideshare id=56750185&doc=aac527e2-7f52-466b-8109-82432616b858-160106174411] 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...
by Dave Duringer - Protective Law Corp | Sep 1, 2016 | Asset Protection, Business Succession, Estate Planning, Venture Protection
Take these steps to coordinate your planning efforts. Source: Eight Steps to Align Your Estate and Succession Plans | Wealth Management 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...
by Dave Duringer - Protective Law Corp | Aug 31, 2016 | Family Protection, Health Planning
Gaming and education blend for Atari founder Monday, 14 Mar 2016 | 10:51 AM ET | 04:40The future of gaming could have benefits beyond mere entertainment, a gaming industry pioneer told CNBC Monday.In fact, it will be possible to stop dementia through the power of...
by Dave Duringer - Protective Law Corp | Aug 31, 2016 | Asset Protection, Estate Planning, Estate Tax, Gift Tax, Health Planning, Income Tax, Tax Planning
A practitioner’s checklist for clients near death Source: Twenty Tips for Planning at the Eleventh Hour | Wealth Management 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...
by Dave Duringer - Protective Law Corp | Aug 31, 2016 | Family Protection, Health Planning, News & Commentary
Doctors have woken a coma patient for the first time ever by jump-starting his brain using a pioneering ultrasound technique. Source: Doctors wake coma patient by JUMP-STARTING his brain using ultrasound – Mirror Online If attacked, do you want to be Victor or...
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 30, 2016 | Asset Protection, Estate Planning
Some good tips here for attorneys as well as financial advisors: 16 Topics to Discuss at an Initial Client Meeting Source: Photo Gallery: 16 Topics to Discuss at an Initial Client Meeting | WealthManagement.com My questionnaire is here and I am always updating it...
by Dave Duringer - Protective Law Corp | Aug 29, 2016 | Asset Protection, Estate Admin, Estate Planning, Probate Admin, Trust Admin
Whether it’s just perception or not, it does seem like there seems to be more fighting regarding estate plans. Here are 10 reasons why. Source: Ten Reasons Estate Conflicts May Be Increasing | Wealth Management In other Asset Protection news… Estate Sales:...
by Dave Duringer - Protective Law Corp | Aug 28, 2016 | Asset Protection, Estate Planning, Retirement Planning
By linking the updating of an estate plan to certain inevitable life milestones (both positive and negative), advisors can ensure that their clients recognize the importance of keeping things up to date Source: Ten Milestones When Your Clients Should Revisit Their...
by Dave Duringer - Protective Law Corp | Aug 28, 2016 | Asset Protection, Estate Planning
If you inherit a watch these days, one that’s been passed down through one or more generations, you probably know you have reason to be excited. It might be something with an important family story, something you can keep and treasure and pass along. Or it could...
by Dave Duringer - Protective Law Corp | Aug 25, 2016 | Asset Protection, Estate Planning
Estate disputes are often sparked when an individual—who anticipated being named as a beneficiary in a will—discovers they’ve been left out. Source: Ten Reasons Clients May Be Disinherited If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it...
by Dave Duringer - Protective Law Corp | Aug 24, 2016 | Asset Protection, Estate Planning, Income Tax, Retirement Planning, Tax Planning
Self-Employment Income The Clintons earned $10,168,272 of self-employment income in 2015 from book royalties, speaking engagements and consulting, resulting in the payment of $301,698 in self-employment tax. As self-employed taxpayers, the Clintons pay both the...
by Dave Duringer - Protective Law Corp | Aug 23, 2016 | Estate Planning, Family Protection, Firearm Legacy, Health Planning
Watch the video:
by Dave Duringer - Protective Law Corp | Aug 23, 2016 | Asset Protection, Estate Planning
An estate plan is a delicate and complex machine that, when working properly, can offer your client a great deal of financial and emotional security as he nears the end of his life. However, like any finely tuned instrument, an estate plan is also extremely easy to...
by Dave Duringer - Protective Law Corp | Aug 22, 2016 | Archived, Asset Protection, Estate Planning
On Aug. 4, the Treasury Department issued proposed regulations (the regulations) that restrict or eliminate valuation discounts for family-owned businesses under Internal Revenue Code Section 2704. The regulations will be the subject of a public hearing on Dec. 1,...
by Dave Duringer - Protective Law Corp | Aug 19, 2016 | Asset Protection, Estate Planning
Nice to see someone other than probate attorneys profiting off bad estate planning: “I was flipping through, looking for records,” said Solis, who didn’t find any he liked.Between records, though, he came across a batch of black-and-white photographs printed with the...
by Dave Duringer - Protective Law Corp | Aug 18, 2016 | Archived, Asset Protection, Estate Planning, Estate Tax, Gift Tax, Tax Planning
The new proposed Internal Revenue Code Section 2704 proposed regulations1 contain three sets of new rules. Here’s a brief summary of each of them. Source: Major Components of New Section 2704 Proposed Regs If attacked, do you want to be Victor or Victim? At...
by Dave Duringer - Protective Law Corp | Aug 17, 2016 | Asset Protection, Business Succession, Estate Planning, Venture Protection
Good article in this month’s Trusts & Estates on how a family constitution helps to ensure successful family succession of family business: August 2016 | WealthManagement.com If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when...
by Dave Duringer - Protective Law Corp | Aug 16, 2016 | Asset Protection, Estate Planning
You may not be a lawyer, but there are still several strategies you can employ to save money for your clients and their families, while avoiding potential headaches and heartache down the road. Source: Photo Gallery: Five Estate Planning Moves Advisors Should Consider...
by Dave Duringer - Protective Law Corp | Aug 15, 2016 | Asset Protection, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship
Why place so much significance on a first conversation often held in a conference room? Because the succession of financial stewardship within families has a 70 percent failure rate. But, how to preserve multi-generational wealth can be planned and taught—so the cycle...
by Dave Duringer - Protective Law Corp | Aug 15, 2016 | Asset Protection, Estate Planning
Estate plans, like complex computer code, can get buggy. As a financial advisor, you have a fiduciary duty to your clients to help them avoid negative consequences of bad planning. That duty includes keeping tabs on legal issues related to estate planning and getting...
by Dave Duringer - Protective Law Corp | Aug 13, 2016 | Asset Protection, Estate Planning, Estate Tax, Gift Tax, Tax Planning
GiftLaw Note:Decedent died on Date 1, survived by Spouse. In order for Spouse to benefit from Decedent’s deceased spouse unused exemption (DSUE), Decedent’s estate was required to file Form 706 within nine months of Decedent’s death. Decedent’s estate failed to...
by Dave Duringer - Protective Law Corp | Aug 12, 2016 | Asset Protection
A lot of nonsense in this article, but some good points are made: For example, advisors may need to help family members with charges, or disputes, of paternity. In the UHNW space, these claims can bring unwanted publicity. Members of high-profile families often worry...
by Dave Duringer - Protective Law Corp | Aug 11, 2016 | Archived, Asset Protection, Estate Planning, Estate Tax, Gift Tax, Tax Planning
On August 4, the Treasury Department issued long-awaited Proposed Regulations (Proposed Regulations) on valuation discounts for family-owned businesses under §2704 of the Internal Revenue Code (Code). The Proposed Regulations are out for comment until a public hearing...
by Dave Duringer - Protective Law Corp | Aug 10, 2016 | Archived, Asset Protection, Estate Tax, Gift Tax, 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 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 | Aug 4, 2016 | Asset Protection, Charity, Estate Planning
Parthian shot. If a gift is held to be earmarked for an individual, not only does the donor lose the income tax charitable deduction, but also could be subject to the federal (and possibly state) gift tax on transfers to individuals (assuming it exceeds the $14,000...
by Dave Duringer - Protective Law Corp | Aug 3, 2016 | Archived, Asset Protection, Charity, Estate Planning, Estate Tax, Gift Tax, Tax Planning
Although the details are significant, the bottom line is that the proposed regulations would appear to eliminate almost all minority (lack of control) discounts for closely held entity interests, including active businesses owned by a family. To accomplish that,...
by Dave Duringer - Protective Law Corp | Aug 2, 2016 | Retirement Planning
A longer average lifespan has many benefits, but it also means that Americans need more financial support as they age. In 1990, a 65-year-old man would live an average of 15 more years. Today, a 65 year-old man will live an average of 21 more years. If not planned...
by Dave Duringer - Protective Law Corp | Aug 1, 2016 | Retirement Planning
One of the great economic challenges facing both policy makers and individuals is figuring out how to plan and pay for retirement. The challenge is that nobody knows, least of all people themselves, how long they’re going to live. Source: Americans Are Bad at Guessing...
by Dave Duringer - Protective Law Corp | Jul 30, 2016 | Tax Planning
Don’t be stupid, just to save on taxes. Taxes should not drive your estate plan. Among other things, this will result in a loss of your gun rights. Then again, citizenship renunciants probably don’t care about that. A total of 508 Americans renounced their...
by Dave Duringer - Protective Law Corp | Jul 29, 2016 | Asset Protection, Estate Planning
To gain insight into the criteria that funders are seeking, an attorney may want to speak with an experienced life settlement broker. Although most successful life settlement transactions involve a senior over the age of 70 with a reduced life expectancy and a policy...
by Dave Duringer - Protective Law Corp | Jul 28, 2016 | Asset Protection, Estate Planning
The UTC allows for the modification of an irrevocable trust without a court proceeding. Among other requirements, the trust must not have charitable beneficiaries and the modification must not be inconsistent with a material purpose of the trust. A modification could...
by Dave Duringer - Protective Law Corp | Jul 27, 2016 | Asset Protection, Health Planning
I went with “Living Trusts” in the title as that is the common nomenclature for revocable trusts but note that all inter vivos trusts (including the irrevocable ones heretofore necessary to avoid Medi-Cal recovery) are “living” (inter vivos...
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 | Jul 26, 2016 | Asset Protection, Estate Planning
Because access to digital accounts following the death of a family member can be daunting, it is important that clients implement an effective digital estate plan. The principles which guide traditional estate planning are also applicable to digital estate planning....
by Dave Duringer - Protective Law Corp | Jul 26, 2016 | Asset Protection, Family Protection, News & Commentary
Grapevine says an affiliated company is still operating in California, offering trusts for only $399. Be careful out there. Trust mills can be very dangerous to your family. The Ohio Supreme Court imposed an unprecedented $6.4 million fine yesterday against two...
by Dave Duringer - Protective Law Corp | Jul 26, 2016 | Asset Protection, Family Protection, Trust Admin
By following these simple steps, the collector would have avoided the above condition disaster, the collection would have merited the six-figure purchase offer, and his children would have benefited from their father’s thoughtful collecting. Source: A Wine Tale...
by Dave Duringer - Protective Law Corp | Jul 25, 2016 | Asset Protection, News & Commentary, Regulatory Compliance, Venture Protection
The concept of Title III was sound in theory; it should foster entrepreneurship and provide small businesses access to needed capital from a larger pool of investors. But Congress over-regulated the bill, and the requirements to comply with the regulations of Title...
by Dave Duringer - Protective Law Corp | Jul 24, 2016 | Archived, Asset Protection, Tax Planning
Bottom line — have a flexible plan: The election hasn’t occurred yet, so there’s certainly no way to know which candidate will win. Party platforms haven’t even been finalized. And, there’s no assurance that the winner’s proposals will be enacted. In spite of...
by Dave Duringer - Protective Law Corp | Jul 4, 2016 | Family Protection, Financial Mentorship, News & Commentary, 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 | Jul 2, 2016 | Estate Admin, Health Planning
Decision here: Appellant Jesse G. appeals from the trial court’s orders appointing the Mendocino County Public Guardian (public guardian) conservator of his person and estate pursuant to section 5350 of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code,...
by Dave Duringer - Protective Law Corp | Jul 2, 2016 | Family Protection, Firearm Legacy, Firearm Training, Health Planning, News & Commentary
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 | Jun 28, 2016 | Charity, Estate Planning, Financial Mentorship, Retirement Planning
And as younger collectors focus more on this asset class, their advisors need also to broaden their knowledge of the rules unique to this area and to their clients’ increased activity. Source: Six Characteristics of NextGen Art Collectors If attacked, do you want to...