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
As the saying goes: “Play stupid games, win stupid prizes.” Maybe include language in your trust disinheriting beneficiaries if they accept experimental gene therapy injections for themselves, or administer them to their children, or at least strongly...
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 | Apr 3, 2020 | Estate Planning, Trust Admin
UPDATE: After a week of turmoil, looks like the mortgage bond market has stabilized a bit and mortgage loans on properties held in trusts are again saleable in the secondary market. Sanity has returned for now, at least while the market is taking whatever...
by Dave Duringer - Protective Law Corp | Apr 7, 2019 | Estate Planning, Trust Admin
For years, cryptocurrency owners have focused on coin security. Many of our clients protect their coins and accounts from online hackers through offline storage and complex passwords that are memorized but never written down. A recent Canadian bankruptcy filing...
by Dave Duringer - Protective Law Corp | Nov 3, 2018 | Estate Admin, Probate Admin, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Jul 22, 2017 | Estate Admin, Estate Planning, Estate Tax, Income Tax, Probate Admin, Tax Planning, Trust Admin
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 §...
by Dave Duringer - Protective Law Corp | Jul 15, 2017 | Estate Admin, Estate Planning, Firearm Legacy, Firearm Training, Trust Admin
I am often asked by professional fiduciaries whether they need to have a Firearm Safety Certificate (FSC) for the work they do. Professional fiduciaries are subject to the same penal code as lay fiduciaries so the answer is yes, generally, fiduciaries (whether...
by Dave Duringer - Protective Law Corp | May 17, 2017 | Estate Admin, Estate Planning, Family Protection, Probate Admin, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Estate Admin, Probate Admin, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Apr 7, 2017 | Estate Admin, Estate Planning, Trust Admin
Tennessee recently updated its private family trust company (PFTC) laws in 2016 to expand both the family clients and family office employees that they can serve. These changes can help ultra-high-net-worth (UHNW) families and family offices meet their needs....
by Dave Duringer - Protective Law Corp | Apr 2, 2017 | Asset Protection, Estate Admin, Estate Planning, Trust Admin
Some states by statute have introduced into their trust jurisprudence the concept of the excluded fiduciary: In the case of a trust the terms of which allocate fiduciary functions between the trustee and, say, a trust protector, the trustee is an excluded...
by Dave Duringer - Protective Law Corp | Mar 13, 2017 | Trust Admin
As an attorney, you understand the value of a trust protector for an irrevocable trust. While “set in stone,” the trust still needs someone to watch over it and ensure it can adapt to changes in the law and/or resolve differences between trustees and...
by Dave Duringer - Protective Law Corp | Mar 11, 2017 | Estate Admin, Estate Planning, Probate Admin, Trust Admin
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,...
by Dave Duringer - Protective Law Corp | Mar 3, 2017 | Archived, Estate Admin, Estate Planning, Estate Tax, Gift Tax, Income Tax, Probate Admin, Tax Planning, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Feb 26, 2017 | Asset Protection, Estate Planning, Estate Tax, Family Protection, Tax Planning, Trust Admin
Valid point, especially now that the estate tax beast so rarely bites and may soon be destroyed. The article points out a few reasons for having life insurance, but omits some important ones such as estate creation for young families. Thus, the biggest lie in...
by Dave Duringer - Protective Law Corp | Feb 26, 2017 | Creditors & Predators, Estate Planning, Tax Planning, Trust Admin
The Bespoke Trust Protector – Tailoring the Protector's Role from Matthew McClintock WealthCounsel VP Matt McClintock has been at the forefront in this cutting edge planning area — adapting the age-old concept of trust protector, commonly used in...
by Dave Duringer - Protective Law Corp | Feb 26, 2017 | Archived, Estate Admin, Estate Planning, Horror Stories, Probate Admin, Trust Admin
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...
by Dave Duringer - Protective Law Corp | Feb 25, 2017 | Estate Admin, Estate Planning, Trust Admin
A survey of fees charged by some major trust companies. Fees and minimums vary quite a bit. Trust fees are headed higher according to our pricing survey completed this week. Some firms work strictly from a rate card. Others decide what your client will pay when...