by Dave Duringer - Protective Law Corp | May 15, 2017 | Archived, Estate Planning, Estate Tax, Gift Tax, Income Tax, Tax Planning
The tenuousness of the President’s plan raises a whole host of additional questions. These include: (1) whether the President’s plan would be coupled with a step-up in basis at death versus carryover basis (carryover basis would effectively increase total taxes...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Estate Planning, Tax Planning
If advisors don’t understand estate planning as well as they think they do (and tell their clients they do) then why do we as estate planning attorneys ingratiate ourselves to them by perpetuating the myth that “they are the quarterbacks” who...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Archived, Estate Planning, Estate Tax, Gift Tax, Income Tax, Tax Planning
The election of Donald J. Trump to the presidency and Republican control of both houses of Congress make estate tax reform extremely probable in the next two years. However, given the new administration’s other proclaimed priorities, including the repeal of...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Asset Protection, Estate Planning, Retirement Planning, Tax Planning
In the current environment of uncertainty, many married clients should consider implementing non-reciprocal spousal lifetime access trusts (SLATs). This strategy can provide a flexible framework for a wide range of clients. The technique can be adapted for more...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Career Maintenance, Career Preparation, Charity, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Punishment, Religious Faith
Great article. Personally, I call my practice “family protection” law and the author appears to be on the same page as me. In its most fundamental state, estate planning should support the family (or the individual) first, and thereafter concern...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Career Maintenance, Career Preparation, Charity, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Punishment, Religious Faith
Among affluent families, the disconnect between what their current wealth transfer planning does, and what they want their planning to do, is staggering. While 75 percent of wealthy parents say it’s important to leave an inheritance to the next generation, only...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Archived, Income Tax, Tax Planning
The way things ought to be! Under the Trump plan, the top income tax rate of 35 percent would be reduced to 15 percent for pass-throughs. The pass-through rate under the W&M plan would be 20 percent (instead of a top rate of 35 percent). Source:...
by Dave Duringer - Protective Law Corp | May 15, 2017 | Asset Protection, Estate Planning
From social media and email to online banking and investment accounts, most of us manage our most sensitive personal and financial information digitally. But unlike real estate or personal property, these digital assets are not easily accessible to third parties in...
by Dave Duringer - Protective Law Corp | May 4, 2017 | Archived, News & Commentary
by Dave Duringer - Protective Law Corp | May 1, 2017 | Archived, Asset Protection, Estate Planning
What a coincidence — I am an estate planning attorney in Laguna Hills, with expertise in high net worth planning! (But why would a Nellie Gail resident need an extra $61 million?) The unidentified lone jackpot winner can claim their prize starting Monday,...
by Dave Duringer - Protective Law Corp | Apr 28, 2017 | News & Commentary
by Dave Duringer - Protective Law Corp | Apr 28, 2017 | News & Commentary
Toxic substances such as drain cleaner are being used as weapons more frequently, apparently as a result of a crackdown on guns and knives in recent years. Source: Why acid attacks are on the rise in Britain
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | Estate Planning, Health Planning, Retirement Planning
Hmmm…why wasn’t she allowed to stay in her home with live-in help? Sounds like she had the ability to pay for that, and repairs, too! Lots of history there and it’s all she knew. Rule 1.14 of the Model Rules of Professional Conduct1 addresses...
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | Charity, Estate Planning, Retirement Planning, Tax Planning
And for those with qualified retirement plans, it may be time to seriously consider charitable remainder unitrust (CRUT) planning. In the case of qualified long-term appreciated property, outright gifts can be used to offset other taxable income, while bypassing the...
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | Archived, News & Commentary
Fairfax, Va.— The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded...
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | Archived, News & Commentary
Today, April 24, attorneys supported by CRPA and NRA filed the first of many critical lawsuits; the first step in restoring the full freedoms of the Second Amendment in California. This lawsuit challenges California’s newly expanded “Assault Weapon Control Act”...
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | News & Commentary
In the comments below — would you fire? BART Police said witnesses reported 50 to 60 juveniles jumping the fare gates and going to the platform. After boarding the train the They boarded the train they “committed multiple strongarm robberies of bags and...
by Dave Duringer - Protective Law Corp | Apr 24, 2017 | Archived, News & Commentary
AGAIN — concealed carry ban fails to ban concealed carry at school: ORANGE A 10-hour standoff between police and an El Modena High School employee threatening to kill himself with a handgun ended peacefully Source: Barricaded school employee with handgun at El...
by Dave Duringer - Protective Law Corp | Apr 23, 2017 | Asset Protection, Career Preparation, Creditors & Predators, Estate Planning, Family Maintenance, Family Protection, Spendthrift Children
Are 72 virgins really enough? What if they turn out to be 72 Virginians? If you are bound and determined to blow yourself into smithereens or commit some other irrevocable act of terror, at least buy some life insurance so your (surviving) descendants can live like...
by Dave Duringer - Protective Law Corp | Apr 23, 2017 | Asset Protection, Career Preparation, Estate Planning, Spendthrift Children
Among 25- to 34-year-olds living at home, one in four is neither enrolled in school nor working Source: A Quarter of Millennials Who Live at Home Don’t Work — or Study – Bloomberg
by Dave Duringer - Protective Law Corp | Apr 23, 2017 | Tax Planning
On April 6, comprehensive tax changes went into effect in the United Kingdom (U.K.) that impact wealth planning considerations for certain individuals who spend a significant amount of time in the U.K., but who are domiciled outside of the country. Source:...
by Dave Duringer - Protective Law Corp | Apr 22, 2017 | Asset Protection, Health Planning
When children turn 18, they legally become adults. If there was a catastrophic life event which rendered them unable to make their own life decisions, their parents no longer have any legal rights. If the young adult becomes seriously ill or disabled, it may...
by Dave Duringer - Protective Law Corp | Apr 22, 2017 | Archived, Asset Protection, Retirement Planning
More advisors willing to speak up — that’s great! But since they have avoided the arena so long, they lack even the knowledge base of the typical low-information voter and most of them are on the wrong side. How could anyone have thought it was a good idea...
by Dave Duringer - Protective Law Corp | Apr 22, 2017 | Archived, Asset Protection, Retirement Planning
Naturally, passive products look good as markets move higher. They’re designed to replicate an index and, therefore, have a symmetrical return profile. Unfortunately, the same symmetry that investors like so much on the way up is what causes the most financial...
by Dave Duringer - Protective Law Corp | Apr 21, 2017 | Asset Protection, Career Preparation, Retirement Planning
Parents of young children usually have more places that their money needs to go than they have funds to cover every current and future obligation. You can help them sort out where to put each and every dollar each month so that short-term concerns are...
by Dave Duringer - Protective Law Corp | Apr 21, 2017 | Archived, Estate Planning, Tax Planning, Venture Protection
by Dave Duringer - Protective Law Corp | Apr 20, 2017 | News & Commentary
El Cajon police are looking for a man who reportedly attempted to abduct a 3-year-old girl walking with her mom in a Wal-Mart parking lot. The mother who didn’t want to be identified said a smiling man walked past her, then came from behind and tried to snatch...
by Dave Duringer - Protective Law Corp | Apr 20, 2017 | News & Commentary
by Dave Duringer - Protective Law Corp | Apr 20, 2017 | News & Commentary
I’m not a financial advisor, but can put you in touch with several who know enough about estate planning to know they are not a substitute for comprehensive counsel by an estate planning attorney. According to the Social Security Administration, the average...
by Dave Duringer - Protective Law Corp | Apr 20, 2017 | Archived, Estate Planning, Health Planning
The US study found those who drank a can of artificially-sweetened pop — such as Diet Coke or Pepsi Max — daily were at three times the risk of suffering the most common form of stroke compared to non-drinkers. They were also 2.9 times more likely to develop...
by Dave Duringer - Protective Law Corp | Apr 20, 2017 | Career Maintenance, Career Preparation, Estate Planning, Family Maintenance, Family Protection
The Number 1 living arrangement today for Americans in the 18-to-34 age bracket, according to the Census Bureau, is to reside without a spouse in their parents’ home. Source: Census: More Americans 18-to-34 Now Live With Parents Than With...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | News & Commentary
The bill, Dacus noted, “lays the groundwork for the state to tell religious institutions what they can require of employees on any number of topics, particularly in the realm of sexual ethics. In a larger sense, the state is trying to confine religious belief...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | News & Commentary
“In fact, the Pakistan government is asking Internet providers to tell them the names of people posting such material.”Reuters reported Khan has boasted that his nation is getting cooperation from Facebook to have such material on social media “removed or...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | Estate Planning
Written by an ad exec, this article is instructive for any “trust mill” attorney relying on legal plans and/or financial advisors to be something akin to account executives. Too often with these arrangements, the amount of time the attorney spends...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | Estate Planning, Tax Planning
Good examples in this article on QDOT planning: The examples above illustrate the general rules applicable to gratuitous lifetime transfers of property, or gifts. The following examples illustrate the general rules applicable to transfers at death: Source:...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | Estate Planning, Tax Planning
Community property is treated preferentially by the tax code — it gets a full step-up in basis at death, instead of only stepping up the decedent’s half as in joint tenancy. (Could also step down if the market timing is unlucky, but that is rare.)...
by Dave Duringer - Protective Law Corp | Apr 19, 2017 | Estate Planning
I would also add, do they claim to be experts on estate planning, and then send you to LegalZoom or some trust mill attorney to save money? Lastly, what is the planner’s principal source of income? Do they sell products to you from third parties like life...
by Dave Duringer - Protective Law Corp | Apr 18, 2017 | News & Commentary
Kori Ali Muhammad, 39, shouted “Allahu Akbar,” or “God is great” in Arabic, as he was being taken into custody, the Fresno Police Department said.Two of the victims were fatally shot outside Catholic Charities in the 100 block of North Fulton Street, the third...
by Dave Duringer - Protective Law Corp | Apr 14, 2017 | News & Commentary
by Dave Duringer - Protective Law Corp | Apr 12, 2017 | Firearm Training, News & Commentary
The state Division of Workers’ Compensation website showed Anderson had filed two cases alleging he was hurt between Dec. 1, 2012, and Oct. 14, 2014, while working for Cushman & Wakefield Inc. Records showed he said he had injured his head, neck, arm, back and...
by Dave Duringer - Protective Law Corp | Apr 11, 2017 | Asset Protection, Career Preparation, Creditors & Predators, Family Maintenance, Family Protection, Spendthrift Children
Regardless of the tax implications, there are several nontax reasons to set up a dynasty trust. First, you can designate the beneficiaries of the trust assets spanning multiple generations. Typically, you might provide for the assets to follow a line of...
by Dave Duringer - Protective Law Corp | Apr 11, 2017 | Estate Planning
This article makes an important point about portability in terms of moving a trust from state to state, not to be confused with porting unused estate tax exclusion from a deceased spouse. The former is easier with revocable trusts but also attainable with...
by Dave Duringer - Protective Law Corp | Apr 11, 2017 | Asset Protection, Tax Planning
Nations lose hundreds of billions of dollars every year through tax evasion and avoidance facilitated by havens. Gabriel Zucman, an economist at the University of California, Berkeley, has estimated that as of 2013, about 10 percent of the world’s...
by Dave Duringer - Protective Law Corp | Apr 10, 2017 | Firearm Training
UPDATE: One of the kids died, so MORE blood on the gun grabbers’ hands. Some sort of domestic dispute between the teacher and her husband who easily entered the school with a concealed handgun because “concealed is concealed” and apparently...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | Defensive Gun Use
A woman shot and killed an attempted robber Thursday afternoon after he and one other man tried to rob three people in her apartment. Source: Woman shoots, kills man trying to rob her | KSDK.com
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | Family Protection, News & Commentary
Communist Party Education Workers Congress, 1918: “We must create out of the younger generation a generation of Communists. We must turn children, who can be shaped like wax, into real, good Communists. … We must remove the children from the crude influence of...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | News & Commentary
The Rockefeller Foundation also gave financial aid to Germany’s Eugenics programs and later America’s two most important eugenic sexual revolutionaries: the father of the sexual revolution, Dr. Alfred Kinsey of Indiana University’s Kinsey Institute, and...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | News & Commentary
U.S. District Judge Henry Wilhoit Jr. dismissed the claims that had been brought by Chris Sevier, who claimed he has a “constitutional right to marry his laptop computer,” and Elizabeth Ording, who “claims she has a constitutional right to marry an...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | News & Commentary
If the government can force child care workers to get degrees – what’s next? If a mom (or dad) decides that one should stay at home and raise the children, should he or she also be required to obtain a college degree? And if not, why not? Source: Now we need a...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | News & Commentary
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