by Dave Duringer - Protective Law Corp | Feb 11, 2017 | Defensive Gun Use, Firearm Training, News & Commentary
A New Jersey state trooper dispatched to the wrong home was justified in shooting the owner, who had grabbed his own weapons because he feared intruders were outside, authorities said Friday. Gerald Sykes, 76 at the time of the incident, was shot twice in the...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Dying Embarrassed, Estate Planning, Horror Stories
A 17-year-old photo daredevil died when he accidentally fell from the roof of a nine-story building while posing for a thrilling picture. The teen was reportedly addicted to posting risky, dangerous photos to his Instagram page. Source: Teen thrill-seeker dies...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Dying Embarrassed, Estate Planning, Horror Stories
In the provocatively titled report “Me, Myself and My Killfie,” the team reportedly found a total of 127 deaths from 2014 to September 2016 that were linked to someone taking or attempting to take a selfie.The number of deaths per year has risen...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Defensive Gun Use, Firearm Training
Grey issues here. Justified in presenting gun to stop beating of woman? Probably. Justified in shooting once suspect turns to attack him? Not the same disparity of force perhaps, but if suspect may have been able to obtain his gun. Jury will decide. Best we can...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Business Succession, Career Maintenance, Career Preparation, Charity, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Punishment, Religious Faith, Spendthrift Children
Good discussion of incentive trust planning: Many subjects that serve as substantial planning motivators aren’t found on client questionnaires and are frequently absent from planning discussions. Source: The Other Reasons For Estate Planning (Well actually, we...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Estate Planning, Horror Stories
The first rule in avoiding estate problems is to always have a will and estate plan in place no matter what your age and put it in a place where people can find it…. The second rule is to hire good attorneys and listen to them. Source: Prince, Sinatra,...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Estate Admin, Horror Stories, Probate Admin, Tax Planning, Trust Admin
This is an appeal of summary judgment by the personal representative (the “PR”) of an estate. The lower court found the PR to be personally liable under the federal priority statute, Section 3713, for tax liabilities due from an insolvent estate. Under the...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Business Succession, Career Maintenance, Career Preparation, Estate Planning, Family Protection, Financial Mentorship, Venture Protection
So how does someone determine if he is “too old” to make independence work? It really comes down to a few key characteristics shared by those advisors who took the leap: They really wanted it. They believed in their ability to migrate clients and grow. They had...
by Dave Duringer - Protective Law Corp | Feb 10, 2017 | Asset Protection, Business Succession, Career Preparation, Estate Planning, Estate Tax, Family Maintenance, Family Protection, Income Tax, Tax Planning, Venture Protection
This article raises important points — plan for the long-term and don’t let taxes direct the planning over more important goals — plus it’s a good review of the many benefits of life insurance. But as I’ve previously noted, the...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Estate Planning, Family Maintenance, Family Protection
Consider also that your estate plan can include incentives to help your kids and grandkids stay married. Having a child puts a strain on relationships, but staying in an unhappy marriage is the best thing you can do for its long-term success, according to a...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Asset Protection, Estate Planning
When you have the opportunity to do so, don’t ever, ever, ever let a client surrender or lapse a life insurance policy without talking to you first. I don’t care if you are the estate planning or business attorney, the CPA, the trustee, the family office, the...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Estate Planning
A 2015 survey found that 64 percent of Americans don’t have a will. In a blast from the past, we took a look back at a July 1927 article published by Trusts & Estates, to compare the rationale then and now as to why so many individuals defer the drafting of...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Estate Planning
“You can see in the data that the No. 1 reason people don’t have a will is because they haven’t gotten around to it yet, but that doesn’t tell the whole story. Why haven’t they gotten around to it?” says Lisa Honey, director...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Asset Protection, Estate Planning, Estate Tax, Gift Tax, Income Tax, Tax Planning
Article authored by my friend Brian Dooley, a top international tax expert: Before leaving the United States or any of its possessions permanently or for an extended amount of time, all U.S. resident aliens and nonresident aliens (with certain exceptions) must...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Estate Planning, Family Maintenance, Family Protection
Recovered at a local pawn shop. Who will handle your jewelry, firearms, other important heirlooms? Are they trustworthy? Nicole Sarber, the owner of the heirloom ring from 1892, went public with her ordeal. Sarber’s boyfriend gave the ring to Cervantes, a jeweler and...
by Dave Duringer - Protective Law Corp | Feb 9, 2017 | Buying or Selling a Closely Held Business, Limitation of Liability, Venture Protection
Aggrieved parties have long been able to sue in federal court for copyright, patent, and trademark violations. Surprisingly, no corresponding private cause of action has existed for trade secret theft. Instead, trade secret cases were the domain of state...
by Dave Duringer - Protective Law Corp | Feb 8, 2017 | Family Protection, Firearm Legacy, Firearm Training
Of course, the ultimate ease and effectiveness in shooting any gun and the resulting performance and accuracy are a blend of the shooter’s skills, thorough training, repetitive practice, and the gun itself. There is not one magic elixir nor a sole holy grail...
by Dave Duringer - Protective Law Corp | Feb 8, 2017 | Asset Protection, Estate Planning, Estate Tax, Income Tax, Tax Planning
In fact, some attorneys see repeal as potentially being a boon for their businesses, especially if the tax is replaced with a capital gains tax such as the one proposed by President Donald Trump on the 2016 campaign trail. Source: Wealth Planners Are Not Afraid...
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 6, 2017 | Firearm Legacy, News & Commentary
A leaked white paper by Ronald Turk, second in command at ATF, advocates cutting back gun regulations in a number of areas out of both respect for the Second Amendment and also improving the ATF’s mission of fighting crime. Among his many ideas are...
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 | Estate Planning, Family Protection, Horror Stories
Buddy Holly left a legacy of sorts, but was it really his legacy? He died intestate, so that is doubtful. Holly’s legacy was written by those who took control, instead of being carried out by trusted family he could have placed in control. The chapters...
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 | Estate Planning
The Will included the following provision about children: “For the purposes of this Will, a child or children of a person named in this Will shall mean the biological and legally adopted children of such person.” Was this definition intended to define who...
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 | Firearm Legacy, Firearm Training
I’m not all that concerned about this, actually. Pryor’s support of same sex marriage and transgender nonsense was a much greater threat to the Second Amendment than the apparent views of Gorsuch here. I may actually agree with Gorsuch on this. The...
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 31, 2017 | Defensive Gun Use
Police said Kirton then forced the victim outside at gunpoint, but she was able to retrieve her personal gun to defend herself. Source: Winchester police: Armed robber recovering from wounds after
by Dave Duringer - Protective Law Corp | Jan 30, 2017 | Estate Planning, Family Protection, Religious Faith
[bctt tweet=”Journalism or hate? OC Register lists traditional Catholicism as type of hate group! #tcot #ccot #catholic #2A #NRA” username=”guntrust”] The 2015 Hate Map is nearly 14 percent bigger than the 2014 map. The Southern Poverty Law...
by Dave Duringer - Protective Law Corp | Jan 29, 2017 | Estate Planning, Religious Faith
The shares and percentages of wealth distribution between the heirs is based on clear formulas. There are so many combinations of families that each cannot be stated. However some primary principles are that the sons get double the share of the daughters hence...
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...