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 | 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, 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 | 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 | 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 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 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 | 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 | 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 | Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life
About a month ago the video at left was posted by Mark Smith of the Four Boxes Diner channel who, like me and quite a few other attorneys, is a member of the US Supreme Court bar, a fact I know only because he actually introduces himself as such in the first few...
by Dave Duringer - Protective Law Corp | Jun 26, 2024 | Asset Protection, Blog, Estate Admin, Estate Planning, Venture Protection
Intellectual property (IP) is the driving force behind many of the world’s most innovative and successful businesses. IP rights—including patents, copyrights, and trademarks—protect intangible assets and help companies and individuals profit from the fruits of their...
by Dave Duringer - Protective Law Corp | Jun 21, 2024 | Blog, Estate Planning, Family Protection, Firearm Legacy, GunLaw.Pro, Honor, Life, News & Commentary
The US Supreme Court today released its 8-1 decision in US v Rahimi, holding that: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second...
by Dave Duringer - Protective Law Corp | Jun 20, 2024 | Blog, Business Succession, Buying or Selling a Closely Held Business, Dying Embarrassed, Estate Admin, Estate Planning, Estate Tax, News & Commentary, Operation & Governance, Probate Admin, Tax Planning, Trust Admin, Venture Protection
In a major unanimous decision (Connelly v US) sure to cause revision of many business succession plans, the US Supreme Court earlier this month on June 6, 2024, rejected use of a corporate redemption obligation as an estate deduction. While the Court pointed out in a...
by Dave Duringer - Protective Law Corp | Jun 19, 2024 | Blog, Family Protection, Firearm Training, GunLaw.Pro, Life, News & Commentary
An FBI memo sent shortly after the Covenant School shooting urged police not to release the Nashville shooter manifesto to the public. Reasons given: future mass attackers would learn and copy methods; such “legacy tokens” are often misleading and not...
by Dave Duringer - Protective Law Corp | Jun 18, 2024 | Blog, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, News & Commentary
A few days ago (June 14, 2024) in Garland v Cargill, the US Supreme Court in a 6-3 decision ruled that bump stocks are not machine guns. Actually, the Court ruled they are not “machineguns” and the Court uses that single word throughout the opinion as that...
by Dave Duringer - Protective Law Corp | May 6, 2024 | Blog, Estate Admin, Estate Planning, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, Probate Admin, Religious Faith, Trust Admin
Here is a quick overview of seven major types of gun trusts: Trust Mill NFA Trust: This is a “simple” (sometimes shockingly simple) “cookie-cutter” type boilerplate trust designed for purchase of firearms and/or suppressors regulated under the...
by Dave Duringer - Protective Law Corp | May 5, 2024 | Blog, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, News & Commentary
Federal Judge Roger Benitez in the case of Fouts v Bonta recently ruled California’s longtime ban on billy clubs (defined vaguely and potentially including many types of objects, for example any stick intended as a weapon) as an unconstitutional infringement of...
by Dave Duringer - Protective Law Corp | Mar 28, 2024 | Blog, Estate Admin, Estate Planning, Estate Tax, Financial Mentorship, Fortune, Gift Tax, GST Tax, Income Tax, News & Commentary, Property Tax, Tax Planning
My daughter, Ayn, will be heading for law school this Fall! She was offered a very nice package covering most expenses of attending the Levin College of Law at the University of Florida in Gainesville. Most estate planning attorneys like me, especially those of us...
by Dave Duringer - Protective Law Corp | Feb 28, 2024 | Blog, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life
Last week the Ninth Circuit denied en banc hearing in Junior Sports Magazines, Inc. v. Bonta, saving youth gun training from destruction by a leftist attack on gun culture. While there has not yet been a decision on the merits of the case, denial of en banc let stand...
by Dave Duringer - Protective Law Corp | Feb 3, 2024 | Blog, Business Succession, Buying or Selling a Closely Held Business, Entity Formation, Estate Admin, Fortune, Operation & Governance, Venture Protection
Financial winter is coming. Or is it? Despite renewed optimism that the US economy can avoid a deep downturn, economists say the chances of a recession in 2024 are still about even. Small businesses are feeling the pain from high inflation, declining consumer...
by Dave Duringer - Protective Law Corp | Feb 3, 2024 | Blog, Defensive Gun Use, Family Maintenance, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life
[UPDATE: For some reason, this post still gets a ton of traffic. For an update on the federal preliminary injunction against SB2, you might want to click here.] Does California State Parks allow licensed concealed carry (CCW) of a firearm at state parks and beaches?...
by Dave Duringer - Protective Law Corp | Jan 31, 2024 | Blog, Estate Admin, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life, News & Commentary
[UPDATE: Ninth Circus issued a stay today of the injunction by Judge Benitez. Not totally unexpected, but this particular circus is fast losing credibility. The State has ZERO chance of winning on the merits under the text/history test mandated by Bruen. Furthermore,...
by Dave Duringer - Protective Law Corp | Jan 30, 2024 | Blog, Estate Admin, Estate Planning, Operation & Governance, Venture Protection
Businesses require periodic evaluation to remain on track to achieve their big-picture goals. The new year is an ideal time to reanalyze, reassess, and reprioritize moving forward. A SWOT (strengths, weaknesses, opportunities, and threats) analysis provides a...
by Dave Duringer - Protective Law Corp | Dec 21, 2023 | Blog, Defensive Gun Use, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, News & Commentary, Pet Protection, Regulatory Compliance, Religious Faith
How does all of this make you feel about relying on politics and the courts to protect your family? How can the government be so fickle with your right to life? Maybe it’s time your family takes control, with a F.I.R.S.T. Family Trust? [GOOD NEWS 01/06/2024: On...
by Dave Duringer - Protective Law Corp | Nov 12, 2023 | Asset Protection, Blog, Creditors & Predators, Entity Formation, Estate Admin, Estate Planning, Fortune, Operation & Governance, Regulatory Compliance, Tax Planning, Trust Admin, Venture Protection
Did you ever put off studying for a final, until the night before the final? That’s pretty much how the planning community is feeling about the Corporate Transparency Act (CTA), which will go into effect January 1, 2024. Congress passed the devilish law several...
by Dave Duringer - Protective Law Corp | Oct 22, 2023 | Asset Protection, Blog, Bloodline Protection, Creditors & Predators, Estate Admin, Estate Planning, Fortune, Income Tax, Retirement Planning, Tax Planning, Trust Admin
On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). The previous SECURE Act in 2020 made several changes to retirement planning: It increased the required beginning date (RBD) for required...
by Dave Duringer - Protective Law Corp | Oct 12, 2023 | Blog, Defensive Gun Use, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life, Limitation of Liability, Regulatory Compliance, Venture Protection
After failure to pass a similar bill last year, Gov. Noisome recently signed into law SB2, which makes a concealed carry license more difficult and expensive to get, and basically worthless once you get it. But there is an upside for some: new opportunity zones for...
by Dave Duringer - Protective Law Corp | Sep 26, 2023 | Blog, Estate Admin, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life, Probate Admin, Trust Admin
The March/April 2023 edition of the bimonthly magazine “California Firing Line”, published by the California Rifle & Pistol Association (CRPA), includes an “Information Bulletin” at pages 19-24 entitled Firearm Estate Planning —...
by Dave Duringer - Protective Law Corp | Mar 25, 2023 | Blog, Defensive Gun Use, Estate Admin, Estate Planning, Family Maintenance, Family Protection, Financial Mentorship, Firearm Legacy, Firearm Training, Fortune, GunLaw.Pro, Honor, Incapacity Planning, Life, News & Commentary, Probate Admin, Religious Faith, Trust Admin, WorldExaminer.com
Presentation by Attorney Dave Duringer clears up confusion over California Gun Trust Planning. What is a Gun Trust? Is a Gun Trust Effective? Is a Gun Trust Necessary? Is a Gun Trust Recommended? YES! Every California gun owner should have one! A regular trust might...
by Dave Duringer - Protective Law Corp | Feb 27, 2023 | Blog, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Life, Trust Admin
Last year I wrote this scathing review of Michel & Cubeiro’s 2022 edition of their popular book “California Gun Laws”. Actually, my harsh criticism was limited to the portions touching on estate planning. As far as I knew, the rest of the book...
by Dave Duringer - Protective Law Corp | Jan 21, 2023 | Blog, Estate Admin, Estate Planning, Family Protection, Honor, Life, Probate Admin, Trust Admin
[Hi it’s me Dave Duringer — no, I didn’t “die suddenly” (a concerned relative thought I did because this post came up on google in a way that gave that impression). No one in my family took the clot shot, although a distant cousin of mine...
by Dave Duringer - Protective Law Corp | Jul 13, 2022 | Blog, Defensive Gun Use, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro, Honor, Life, News & Commentary, Religious Faith, WorldExaminer.com
California just enacted AB 2571 to restrict the ability of gun owners to transmit gun culture to their kids. This blatantly unconstitutional act bans advertising that may attract minors to firearms and the penalties for violation are huge, up to $25,000 per...
by Dave Duringer - Protective Law Corp | Jun 30, 2022 | Blog, Family Protection, Firearm Legacy, GunLaw.Pro, Life, News & Commentary, WorldExaminer.com
The Supreme Court today (order list) issued “GVR’s” — granted certiorari, vacated judgment, and remanded to lower courts for reconsideration in light of NYSRPA v Bruen — in four cases that had upheld bans on open carry, magazines, and...
by Dave Duringer - Protective Law Corp | Jun 27, 2022 | Blog, Defensive Gun Use, Estate Planning, Firearm Legacy, GunLaw.Pro, News & Commentary
Last Friday, one day after the Supreme Court’s landmark NYSRPA v Bruen decision (analyzed fully here), California’s Attorney General Rob Bonta rushed out a bizarre letter offering inept guidance to various state officials involved in issuing concealed...
by Dave Duringer - Protective Law Corp | Jun 27, 2022 | Blog, Defensive Gun Use, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, Fortune, GunLaw.Pro, Honor, Life, News & Commentary, WorldExaminer.com
Now that I’ve read the full majority opinion and concurrences, I have a few comments and predictions to make regarding NYSRPA v Bruen (I’ve omitted citations, so please just go to the actual opinion and use CTRL-F if you need to find something). I ignored...
by Dave Duringer - Protective Law Corp | Jun 23, 2022 | Blog, Defensive Gun Use, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, Fortune, GunLaw.Pro, Honor, Life, News & Commentary, WorldExaminer.com
In a blockbuster decision released minutes ago, the Supreme Court of the United States has held with a solid 6-3 majority in the case of New York State Rifle & Pistol Association, Inc. v. Bruen, that New York’s statutory restriction against bearing arms...
by Dave Duringer - Protective Law Corp | Jun 1, 2022 | Blog, Defensive Gun Use, Estate Planning, Family Protection, Firearm Training, GunLaw.Pro, News & Commentary, WorldExaminer.com
This month, June of 2022, the Supreme Court of the United States, in the case of NYSRPA v Bruen, will hold that you have a fundamental individual right to carry a firearm for self-defense outside of your home, in public. Not that you don’t already have that...
by Dave Duringer - Protective Law Corp | May 31, 2022 | Asset Protection, Blog, Business Succession, Estate Admin, Estate Planning, Limitation of Liability, Probate Admin, Venture Protection
The limited liability company (LLC) is a popular business structure that offers liability protection and avoidance of double taxation. Trusts are popular asset transfer vehicles that allow you to avoid probate and keep assets out of the hands of creditors. By placing...
by Dave Duringer - Protective Law Corp | Apr 4, 2022 | Blog, Estate Admin, Trust Admin
Even simple estate plans can fail if the revocable trust is not properly funded, especially with all real estate owned by decedent. If the decedent’s real estate is not properly transferred to trust, then unless there are other viable options (like an expensive...
by Dave Duringer - Protective Law Corp | Mar 3, 2022 | Blog, Estate Admin, Estate Planning, Family Protection, Firearm Legacy, GunLaw.Pro, Probate Admin, Spendthrift Children, Trust Admin
This critique of the 2022 (9th) edition of “California Gun Laws” by C.D. “Chuck” Michel and Matthew D. Cubeiro is not a critique of the entire book, but only a small portion consisting of two sections, Section 3 (“Operation of Law”...
by Dave Duringer - Protective Law Corp | Sep 24, 2021 | Blog, Estate Planning, Family Protection, Firearm Legacy, Firearm Training, GunLaw.Pro
Check out our radio ad! Click here: Script: Ronald Reagan warned us: “Freedom is never more than one generation away from extinction.” Your family can beat the odds with a F.I.R.S.T. Family Trust. Developed by Central Coast attorney Dave Duringer, the Firearm...
