Atty Dave Duringer on Hometown Radio with Dave Congalton KVEC 920AM 20241203
US Supreme Court Rejects Use of Corporate Redemption Obligation as Estate Deduction
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...Seven Types of Gun Trusts
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...CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
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 —“Gun Trusts” which, rife with errors,...California Gun Trust Planning
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? This video is the best way for gun owners and attorneys who help them to...Died Suddenly #DiedSuddenly
[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...Why You Should Consider Putting Your LLC into a Trust
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...Critique of “California Gun Laws” (2022 edition)
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”...Insolvent Estates of Wealthy Decedents
Insolvent estates happen and are full of minefields for all involved: Begin With a Plan When faced with such an estate, the advisor should meet with the executor and together they should set out a plan for success. The plan should include a beginning inventory...Rev Proc 2017-34 simplifies getting extension for portability election
Rev. Proc. 2017-34 SECTION 1. PURPOSE This revenue procedure provides a simplified method for certain taxpayers to obtain an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make a “portability” election under §...Does a Thicke Living Trust Work Better? We Shall Soon See
The trusts I draft are usually pretty thick, thicker than clients expect. But no matter how thick the trust, the plan can fail if spouses are not in agreement on the underlying character of the property (separate or community). This might have been the case with the...Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions
In Georgia, generally, a constructive trust cannot be imposed on real property based solely on a broken verbal promise to hold or transfer the land for the benefit of another. However, a broken verbal promise may give rise to a constructive trust if it was...Court Orders Administrator To Elect Portability
The first is the preemption argument. The administrator argued that the discretion granted to him to elect portability under the terms of 26 U.S.C.A. 2010 trumped Oklahoma law concerning the fiduciary obligations owed by estate administrators to potential...Antemortem Probate? RIDICULOUS! “Living Trust” is better, more probative, etc.
Wow, what a ridiculous idea — ante-mortem probate! I have two simpler words that offer a better solution: “LIVING TRUST” What better way to gauge a testator’s true intent than a trust arrangement the testator lives with day in and day out,...50% of Americans believe a will avoids probate court
According to WealthCounsel’s recent inaugural Estate Planning Awareness Survey: Despite this direct knowledge of what can happen, 50% of respondents with a will believe that wills protect them from probate court after they pass away, and more than two-thirds (70%)...Basis Consistency and Reporting for Property Acquired from a Decedent
Significant coverage was devoted at the recently concluded 51st Annual Heckerling Institute on Estate Planning in Orlando, Fla. to the Internal Revenue Service’s proposed regulations (proposed regs) concerning basis consistency and reporting for property...Could you be David Bowie’s lovechild? Deadline looms to claim share
According to the article, Bowie admitted to being “incredibly promiscuous” — yikes, bad planning or no planning here to avoid pretermitted child claims. Anyone who believes they are David Bowie’s secret love child should make their case...Executors Personally Liable for Tax Liabilities of Estate Under Federal Priority Statute, 31 U.S.C. 3713
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...Account Transcript, Substitute for Estate Tax Closing Letter
With certain exceptions and prior to June 1, 2015, the IRS issued an ETCL for every estate tax return filed. After that date, the IRS changed its policy and only issued such a letter upon formal request by an estate and not sooner than four months after the...Current Political Violence Highlights Importance of Private Trust Planning
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...Poor planning means government will take half of Prince’s estate
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...Repeal and Uncertainty Impacts Estate Administration
Good advice in this article, but much of the uncertainty can be removed with thorough, comprehensive planning with an eye toward flexibility. For example, in our planning (http://Protect.LIFE), we offer not only the current flexibility of the Clayton election,...Massive Art Forgery Ring Reinforces Need for Vigilance Among Buyers
Conduct due diligence. Always ask questions and conduct research to find out about the work of art’s history, as well as exhibition and literature citations prior to purchase. Ideally, a buyer should be able to trace the history of the painting all the way back...World’s oldest man Mbah Goto celebrates what he claims to be his 146th birthday
He has outlived all 10 of his siblings as well as his four wives, the last of whom died in 1988. All of his children have also died, and now he is survived by his grandchildren, great grandchildren, and great-great grandchildren. Source: World’s oldest...New Transfer on Death Deed; An Alternative to a Living Trust ?
From a respected WealthCounsel colleague: The Good: The new TOD Deed Will be simple to use; Will be less expensive than creating a Living Trust; Will eliminate the time and expense of a probate; Will remain revocable during the lifetime of the grantor; and, Will...#AssetProtection: New Zealand man latest to claim Prince as father
Estate planning is a cost of doing family. Failing to plan is an act of violence against family. New York (AFP) – A New Zealand man is the latest person to say he is pop icon Prince’s heir after a judge dismissed a series of other claims, court...#AssetProtection: #EstatePlanning Attorney to Use Time Travel in New Post-Mortem Planning Service
Wouldn’t it be nice to be able to go back and fix an estate plan before death or incapacity of the grantor? Protective Law Corporation will be very pleased to offer such post-mortem estate planning, and we will add it to our pricing sheet just as soon as the...#AssetProtection: Estate of Famed Local Judge in Probate Purgatory
Lots of irony here, and perhaps some lessons. Famed local juvenile court judge who never had any children of her own, but has a building named after her that has housed probate court operations for the county, now has her estate tied up in probate court. Lamoreaux,...#AssetProtection: #EstatePlanning Blunders — Salvatore Phillip “Sonny” Bono
Sonny Bono’s estate planning was even more embarrassing than his death skiing into a tree. A political as well as pop figure, with some messy personal relationships, he should have had better planning — or at least some planning. But he had no will and of...#AssetProtection: #EstatePlanning Blunders — Bob Marley
Bob Marley’s estate continues to generate significant revenue decades after his death in 1981. Marley died intestate even though he knew he had cancer and lingered for nearly 8 months. Dozens fought over his estate, worth a reported $30 million. If attacked, do...#AssetProtection: #EstatePlanning Blunders — Stieg Larsson
Because he left no effective will or estate plan, Swedish author Stieg Larsson’s longtime partner was not entitled to the fortune from his Millennium series of books (and the movies based on them). He lived with Eva Gabrielsson for 30 of his short 50 years on...#AssetProtection: #EstatePlanning Blunders — Amy Winehouse
Amy Winehouse lived fast and died young — without a will or any other estate planning, of course. Moreover, parents pressured her to divorce her husband yet the romance rekindled and friends say she would have wanted to leave something for her soulmate. Too bad...#AssetProtection: #EstatePlanning Blunders — Barry White
The smooth, baritone Barry White never got divorced from his wife even though he was living with someone else. Plus he failed to make a will. All of that added up to years of conflict between his ex-wife, wife and girlfriend. If attacked, do you want to be Victor or...#AssetProtection: #EstatePlanning Blunders — Tony Curtis
Tony Curtis had six kids from six marriages, left them nothing in his will except a legacy of litigation. 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...#AssetProtection: #EstatePlanning Blunders — Martin Luther King, Jr.
King left a great legacy in civil rights before his assassination at the age of 39 in 1968, but he didn’t leave a will or estate plan. That blunder left his family grappling for control of his image and financial legacy even now, decades after his death. If attacked,...#AssetProtection: The Estate Plan of George Washington
Talk about long probates! President Washington wrote his Last Will and Testament himself, without consulting any “professional character.” The will is dated July 9, 1799, less than six months before his death on December 14, 1799. …. Probate lasted...#AssetProtection: Ten Reasons Estate Conflicts May Be Increasing
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:...Video: Gunpocalyptic Gun Trust Planning — Where There’s a Will, There’s a Way
Post-Gunpocalypse gun trust planning for California firearm legacy.
Photo Gallery: Eleven Long-Running Celebrity Estate Battles
Poor estate planning often leads to bitter fighting that can last years. Here are 11 high-profile examples of long-running estate conflicts, many of which could have been avoided with a little foresight. Source: Photo Gallery: Eleven Long-Running Celebrity Estate...Photo Gallery: Top 10 Executor Mistakes
Executors are bound by a bewildering array of responsibilities and duties. Here are 10 common pitfalls to avoid. Source: Photo Gallery: Top 10 Executor Mistakes | WealthManagement.com If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when...Eleven Tips For Overwhelmed Executors
Executors (or administrators) of estates shoulder a great deal of responsibility. For this reason, trusted professionals familiar with the process are often the best choices. However, in many cases, the deceased’s closest family member (child or spouse usually) is...Robin Williams Estate on Entertainment Tonight – YouTube
Widow vs. children. This happens more commonly than decedents expect before they die. Perhaps a total return unitrust would have worked here. If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when people die embarrassed. And at Protect.FM,...Whitney Houston Estate on Entertainment Tonight – YouTube
Whitney Houston’s estate in the news again — death of her daughter and failure to update her plan means assets are back in Whitney’s estate. If attacked, do you want to be Victor or Victim? At SacredHonor.US, we hate it when people die embarrassed....Prince Estate on NBC Nightly News – YouTube
$300 million and no estate plan? That’s embarrassing enough to turn someone purple. 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...IRS Allows Late QTIP and Reverse QTIP Elections, Allocation of GST Exemption
This content is for members onlyLana Meisner, wife of Eagles member Randy Meisner, is killed in gun accident – LA Times
BTW, there is no such thing as a “gun accident” — this was a negligent discharge. Stop a moment and think whether your family is trained at least in the basic rules of gun safety. I can tell you it is very common for family members with absolutely no...When Buying a House Becomes an Estate Planning Horror Story: One Family’s Fight
Unfortunately, even a simple, seemingly trivial mistake can turn an otherwise careful transfer of an asset (like a house) into a horror story – and you may not even realize you’ve made a mistake until it’s too late. One Arkansas family currently faces big consequences...Responsibilities When a Loved One Leaves the Range
Estate settlement responsibilities can get complicated and tend to arrive precisely at the time when we are least able to handle them, emotionally and perhaps physically. Here is a general discussion of some of the issues involved for a simple estate, but keep in...
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