by Dave Duringer - Protective Law Corp | Dec 4, 2024 | Asset Protection, Blended Families, Blog, Bloodline Protection, Business Succession, Buying or Selling a Closely Held Business, Career Maintenance, Career Preparation, Charity, Creditors & Predators, Defensive Gun Use, Entity Formation, Estate Admin, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Fortune, Gift Tax, GST Tax, GunLaw.Pro, Health Planning, Honor, Incapacity Planning, Income Tax, Life, Limitation of Liability, News & Commentary, Operation & Governance, Pet Protection, Probate Admin, Property Tax, Punishment, Regulatory Compliance, Religious Faith, Retirement Planning, Spendthrift Children, Tax Planning, Trust Admin, Venture Protection, WorldExaminer.com
by Dave Duringer - Protective Law Corp | Dec 4, 2024 | Asset Protection, Blog, Estate Planning, Fortune, Operation & Governance, Regulatory Compliance, Venture Protection
A Texas federal court has just saved a zillion businesses (and family trusts and mere holding companies) the effort of complying with the onerous filing burden under the draconian, oppressive, vague and unconstitutional Corporate Transparency Act (and zillions more...
by Dave Duringer - Protective Law Corp | Nov 10, 2024 | Blog, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life
Yesterday Trump announced he will sign full national concealed carry (CCW) reciprocity, meaning you will be allowed to carry in any state as you travel. The bill has been pending in congress for some time, so it will likely be enacted quickly. Just in time, as Gov....
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Career Preparation, Estate Planning, Family Maintenance, Family Protection, Firearm Legacy, Honor, Life, News & Commentary, Religious Faith
You may have seen my posts or heard my radio commercials on the idea of #DisinheritWoke. Like leaving a legacy of firearm training, i think it’s much more important than trying to succeed in politics or the courts. Is it any wonder why so many of my estate...
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Family Protection, Firearm Legacy, Honor, Life, News & Commentary
It probably takes a lot to shock Dr Lott: The new data on all the criminal noncitizens coming into the U.S. is shocking. . The U.S. Immigration and Customs Enforcement (ICE) checks the background of illegal aliens they have in custody. But, the administration’s...
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Family Protection, Honor, News & Commentary
Political humor (parody, satire, etc.) is legal again in California! A federal judge has enjoined Gov. Noisome’s perniciously noisome “Deepfakes” law (actually a collection of three noisome bills he signed with this noisome objective) as it is likely...
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Family Protection, Health Planning, Honor, Life, News & Commentary
Health care planning is one of the most important concerns of comprehensive estate planning, often overlooked or given short shrift by simpler estate plans. There has been a great deal of attention given to former New York Gov. Andrew Cuomo’s ordering elderly...
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Family Protection, Firearm Legacy, WorldExaminer.com
Yet another mass knife has occurred in communist China, at a Wal-Mart in Shanghai. Three dead, fifteen injured. Attacker arrested. (Most mass attackers here in the US at least have the decency to attempt suicide as soon as they face any opposition.) Obviously, private...
by Dave Duringer - Protective Law Corp | Oct 31, 2024 | Blog, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, News & Commentary
My classmate Kamala Harris claimed back in 2007 as San Francisco District Attorney that the police are able to randomly search homes to check for compliance with San Francisco’s gun storage law. That law served as a model for similar laws later passed by many...
by Dave Duringer - Protective Law Corp | Oct 30, 2024 | Blog, Defensive Gun Use
A terrorist in central Israel near Glilot rammed his truck into a crowd of people at a bus stop, killing one, injuring 36, six seriously. The terrorist then emerged with a knife but before he could cause further injury he was killed by armed bystanders. Stories here...
by Dave Duringer - Protective Law Corp | Oct 30, 2024 | Blog, Family Protection, Firearm Legacy, Firearm Training, Life, News & Commentary
Last month i posted this article regarding Dr Lott’s latest discovery of a surge in violent crime that didn’t jibe with FBI stats. Since then he’s posted several articles here, here, here, here and here, leading up to and following the FBI’s...
by Dave Duringer - Protective Law Corp | Oct 30, 2024 | Blog, Dying Embarrassed, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, Honor, Life, Pet Protection
Details are sketchy and confusing in this bizarre case of an apparent child abduction by an apparently drug-addled attacker wielding a knife in an apparent attempt to grab a 2 year old girl on a walk with her parents in Beverly Hills. The father bravely defended...
by Dave Duringer - Protective Law Corp | Oct 30, 2024 | Asset Protection, Blog, Creditors & Predators, Estate Admin, Estate Planning, Estate Tax, Family Protection, Fortune, Gift Tax, GST Tax, Income Tax, News & Commentary, Spendthrift Children, Tax Planning, Trust Admin
The IRS has released Revenue Procedure 2024-40, which specifies annual inflation adjustments for tax year 2025. Some highlights: Gift, estate and generation-skipping transfer tax exemption amounts: $13.99 million (up from $13.61 million) Annual gift tax exclusion (IRC...
by Dave Duringer - Protective Law Corp | Oct 30, 2024 | Asset Protection, Blog, Charity, Creditors & Predators, Estate Admin, Estate Planning, Estate Tax, Fortune, Gift Tax, GST Tax, Income Tax, Spendthrift Children, Tax Planning, Trust Admin
Charitable Remainder Trust (CRT) planning can be quite complex, and the expenses involved usually are justified only with a very large gift to charity, well north of a million. Practically speaking most of this planning is tax-driven and must be to make it feasible,...
by Dave Duringer - Protective Law Corp | Oct 27, 2024 | Asset Protection, Blog, Bloodline Protection, Creditors & Predators, Estate Admin, Estate Planning, Estate Tax, Family Protection, Fortune, Gift Tax, GST Tax, Income Tax, Retirement Planning, Spendthrift Children, Tax Planning, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Oct 20, 2024 | Asset Protection, Blog, Bloodline Protection, Creditors & Predators, Dying Embarrassed, Estate Admin, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, Fortune, Gift Tax, GST Tax, GunLaw.Pro, Honor, Income Tax, Life, Spendthrift Children, Tax Planning, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Oct 17, 2024 | Asset Protection, Blog, Bloodline Protection, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Entity Formation, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, Fortune, Gift Tax, GST Tax, GunLaw.Pro, Honor, Income Tax, Life, Limitation of Liability, Operation & Governance, Regulatory Compliance, Spendthrift Children, Tax Planning, Trust Admin, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Oct 10, 2024 | Asset Protection, Blended Families, Blog, Bloodline Protection, Business Succession, Buying or Selling a Closely Held Business, Career Maintenance, Career Preparation, Charity, Creditors & Predators, Entity Formation, Estate Admin, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Fortune, Gift Tax, GST Tax, GunLaw.Pro, Health Planning, Honor, Incapacity Planning, Income Tax, Life, Limitation of Liability, Operation & Governance, Pet Protection, Property Tax, Punishment, Regulatory Compliance, Religious Faith, Retirement Planning, Spendthrift Children, Tax Planning, Trust Admin, Venture Protection
[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...
by Dave Duringer - Protective Law Corp | Sep 30, 2024 | Blog, Defensive Gun Use, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, Honor, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 30, 2024 | Blog, Family Protection, Firearm Legacy, Honor, Life, News & Commentary
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),...
by Dave Duringer - Protective Law Corp | Sep 30, 2024 | Asset Protection, Blog, Entity Formation, Estate Admin, Estate Planning, Fortune, Income Tax, Regulatory Compliance, Tax Planning, Trust Admin, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 30, 2024 | Blog, Dying Embarrassed, Estate Planning, Family Protection, Honor, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 29, 2024 | Blog, Family Protection, Firearm Legacy, Honor, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 29, 2024 | Blog, Dying Embarrassed, Family Protection, Firearm Legacy, Firearm Training, Honor, Life, News & Commentary, Punishment, Religious Faith
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....
by Dave Duringer - Protective Law Corp | Sep 29, 2024 | Asset Protection, Blog, Estate Planning, Family Protection, News & Commentary, Pet Protection
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...
by Dave Duringer - Protective Law Corp | Sep 29, 2024 | Asset Protection, Blog, Dying Embarrassed, Entity Formation, Estate Planning, Estate Tax, Fortune, Gift Tax, GST Tax, Income Tax, Tax Planning
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...
by Dave Duringer - Protective Law Corp | Sep 29, 2024 | Blog, Dying Embarrassed, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 24, 2024 | Asset Protection, Blog, Business Succession, Buying or Selling a Closely Held Business, Career Maintenance, Career Preparation, Entity Formation, Estate Planning, Family Protection, Financial Mentorship, Fortune, Honor, Income Tax, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 23, 2024 | Asset Protection, Blog, Bloodline Protection, Business Succession, Buying or Selling a Closely Held Business, Entity Formation, Estate Planning, Family Protection, Financial Mentorship, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 20, 2024 | Asset Protection, Blog, Estate Planning, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 19, 2024 | Blog, Business Succession, Buying or Selling a Closely Held Business, Entity Formation, Estate Planning, Fortune, Operation & Governance, Regulatory Compliance, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 18, 2024 | Asset Protection, Blog, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Entity Formation, Estate Planning, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 16, 2024 | Asset Protection, Blog, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Entity Formation, Estate Planning, Fortune, Income Tax, Limitation of Liability, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 13, 2024 | Blog, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Estate Planning, Fortune, Income Tax, Limitation of Liability, Operation & Governance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 12, 2024 | Asset Protection, Blog, Creditors & Predators, Entity Formation, Estate Planning, Fortune, Limitation of Liability, Operation & Governance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 11, 2024 | Blog, Fortune, Limitation of Liability, Operation & Governance, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 10, 2024 | Asset Protection, Blog, Business Succession, Creditors & Predators, Estate Admin, Estate Planning, Fortune, Income Tax, Operation & Governance, Tax Planning, Trust Admin, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Sep 7, 2024 | Blog, Defensive Gun Use, Dying Embarrassed, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Health Planning, Honor, Life
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Asset Protection, Blog, Bloodline Protection, Creditors & Predators, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Fortune, Honor, Life, News & Commentary, Punishment, Religious Faith, Spendthrift Children
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, News & Commentary
[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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Firearm Legacy, GunLaw.Pro, Honor, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Firearm Legacy, GunLaw.Pro, Honor, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Asset Protection, Blog, Career Maintenance, Career Preparation, Creditors & Predators, Estate Admin, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Fortune, Honor, Life, News & Commentary, Spendthrift Children, Tax Planning, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Estate Planning, Family Protection, Fortune, Health Planning, Honor, Incapacity Planning, Life, News & Commentary, Religious Faith
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,...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Defensive Gun Use, Family Protection, Firearm Legacy, Life, News & Commentary
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,...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Blog, Firearm Legacy, Life, News & Commentary, WorldExaminer.com
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...
by Dave Duringer - Protective Law Corp | Sep 1, 2024 | Asset Protection, Blog, Business Succession, Dying Embarrassed, Estate Planning, Estate Tax, Fortune, Gift Tax, GST Tax, Income Tax, News & Commentary, Tax Planning, Venture Protection
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...
by Dave Duringer - Protective Law Corp | Aug 31, 2024 | Blog, Life, News & Commentary
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...
by Dave Duringer - Protective Law Corp | Aug 4, 2024 | Blog, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, Punishment
This short clip dispels the wild, politically-motivated claims that many in the audience were placed in fear. Though there were several gasps of surprise, there is no evidence of panic, other than one email from a biased political activist: Documents produced by Morro...
by Dave Duringer - Protective Law Corp | Jul 31, 2024 | Blog, Estate Planning, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, Honor, Life, News & Commentary
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...
