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 | 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 | 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 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 | Defensive Gun Use, Firearm Training
Hard to be certain based on a short news account, and I am not very familiar with Louisiana law on self-defense. Perhaps due to its proximity to Texas it allows use of deadly force in some situations to protect property. But that is definitely not allowed in...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | Defensive Gun Use, Firearm Training
I guess today is the day for reporting pharmacist DGU’s. Have to point out here that warning shots are almost NEVER a good idea and usually indicate a lack of training. Extremely reckless in an urban or suburban environment especially. Deputies say he...
by Dave Duringer - Protective Law Corp | Apr 9, 2017 | Defensive Gun Use, Firearm Training
Why did the homeowner let the intruder get close enough to strike him in the head with a crowbar? Whether the crowbar was visible or not, DISTANCE IS YOUR FRIEND. That is the main reason God and Sam Colt gave us guns. LUCKY he got a shot off. LUCKY the thigh...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Defensive Gun Use
APPLE VALLEY — An alleged armed robbery at a local pharmacy was foiled when one suspect was shot by the pharmacist Friday evening, authorities said, but a second suspect remains at large. Source: Alleged armed robber shot; second suspect still at...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Retirement Planning
To rank the states according to what people say they want in retirement, we pull together data on these eight criteria:Cost of livingHealthcare qualityCrimeCultural vitalityWeatherTaxesSenior citizens’ overall well-beingThe prevalence of other seniorsTwo of our...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Retirement Planning, Tax Planning
ETF Securities Group, a U.K.-based asset manager, launched three ETFs on the NYSE Arca exchange that track the Bloomberg Commodity Indices, on March 31. The funds are among thousands traded on the exchange but stand out because they are broad-based and...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Income Tax, Retirement Planning, Spendthrift Children, Tax Planning
IRA stretch is great in theory, but your beneficiary can withdraw the principal at any time and there is no asset protection. As an estate planning attorney, I can make the stretch real by using an asset-protected standalone IRA Beneficiary Trust, separate from...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Property Tax, Retirement Planning, Tax Planning
In general, the most tax-friendly states for retirees are, in order, Alaska, Delaware, Georgia, Nevada, and Wyoming, according to the J.P. Morgan report. The least tax-friendly states, in order, are New Jersey, Connecticut, New York, Maine, and Vermont. Property taxes...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Retirement Planning
HNWI are starting to look hard at suburban office markets again, which we haven’t seen this investor group pursue in quite some time. Industrial space has been very competitive the last several years, so unlikely the HNWIs will go after industrial assets this...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Career Preparation, Family Protection, Retirement Planning, Tax Planning
The kids can work their way through college like we did. ‘Should I dip into my retirement account to pay for college?’People do it, but most financial professionals advise against it. At the very least, experts say, you should limit such withdrawals, so as not...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Regulatory Compliance, Venture Protection
And it’s not just that the IRS occasionally seizes the assets of innocent business owners by mistake and is unaware of the problems with its methodology: According to the TIGTA report, the IRS almost always misses the mark. The watchdog randomly selected 278...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Estate Planning
Only a third of people have told their heirs where they can find key documents like their will or powers of attorney, according to a new survey from BMO Wealth Management. Another one in 10 has provided heirs with copies of the original documents. Source: Take...
by Dave Duringer - Protective Law Corp | Apr 7, 2017 | Religious Faith
Studies have shown that most of the famous atheists of history: [Albert] Camus, [Jean-Paul] Sartre, [Friedrich] Nietzsche, [Sigmund] Freud, Voltaire, [H.G.] Wells, [Ludwig] Feuerbach, all had a father that either died when they were young, divorced their mother...
by Dave Duringer - Protective Law Corp | Apr 7, 2017 | Family Protection, Firearm Legacy
Disney screens visitors with metal detectors, pretending it can protect them against violence. What about undetectable ceramic knives? Or this woman’s hands? A Michigan woman was arrested Wednesday night, accused of choking a high school girl during a...
by Dave Duringer - Protective Law Corp | Apr 7, 2017 | Asset Protection, Estate Planning, Estate Tax, Gift Tax, Tax Planning
In this matter, the draftsman failed to include language prohibiting the trustee from issuing a note, other debt instrument, option or other similar financial arrangement in satisfaction of the annuity obligation as required by § 25.2702-3(d)(6) of the Gift Tax...
by Dave Duringer - Protective Law Corp | Apr 7, 2017 | Asset Protection, Retirement Planning
“If you look at the conventional advice that’s given, there doesn’t seem to be much acknowledgment of this idea of tax uncertainty,” he notes. “That advice is often based on this idea of ‘compare your income today to your expected income in retirement,’ and our...
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 7, 2017 | Archived, Firearm Legacy, News & Commentary
The Senate confirmed Judge Neil Gorsuch to the Supreme Court Friday morning, thrilling conservatives and angering liberals who expect him to be in the mold of the late Justice Antonin Scalia, whose seat he will take.The 54-45 vote was also a victory for...
by Dave Duringer - Protective Law Corp | Apr 6, 2017 | Asset Protection, Estate Planning, Estate Tax, Tax Planning
Sacramento is at this moment plotting to bring back the estate tax here. Also, you might own property, or plan to retire, in one of these states. Do you have a flexible estate plan? Reforms being debated by Congress could repeal the federal estate tax with...
by Dave Duringer - Protective Law Corp | Apr 5, 2017 | Charity, Dying Embarrassed, Estate Planning, Horror Stories
Tragic, tear-jerking story — but try as they might to cast her untimely death in the heroic cloth of charitable enterprise, there remains something embarrassing about dying while stuffing your mouth full of pancakes. Apparently according to the updated...
by Dave Duringer - Protective Law Corp | Apr 5, 2017 | Estate Planning
The only difference I see between this and what we already have with LegalZoom etc is that when I provide electronic drafts clients often like to print them out anyway, plus I sometimes have difficulty getting elderly clients to use email at all. If it takes...
by Dave Duringer - Protective Law Corp | Apr 5, 2017 | Asset Protection
For many years I was an attorney for landlords and my wife and I are both real estate brokers and between us have decades of experience in a number of real estate fields. If you need a broker, we can find the right one for you, or for your client. To avoid the...
by Dave Duringer - Protective Law Corp | Apr 4, 2017 | Estate Planning
Where do you start? Ask the right questions. Before the conversation turns to finances, ask open-ended question that invite your clients to tell the story and give you a window into their lives and experiences in light of the loss. This is healing for your...
by Dave Duringer - Protective Law Corp | Apr 4, 2017 | Estate Planning
I just received an email from a county probate attorney here in California, who shall remain anonymous, saying this about WealthCounsel’s WealthDocx drafting system, used by WealthCounsel member attorneys. I rarely have the pleasure to review a...
by Dave Duringer - Protective Law Corp | Apr 2, 2017 | Defensive Gun Use
Wednesday’s break-in happened around 1:00 a.m. This time Croft was home in his bed. A self-described light sleeper, Croft said he heard the two men break-in and soon found them inside his bedroom. The burglars ordered him to stay still. Instead he grabbed...
by Dave Duringer - Protective Law Corp | Apr 2, 2017 | Defensive Gun Use
The door quickly gave way, he said, and two men — dressed in all black, with hoods — rushed in. One was holding a two-foot metal pipe. A Marine veteran, Sant said he began scuffling with the men in the living room.VIDEOSNC Rolls Back ‘Bathroom Bill’...
by Dave Duringer - Protective Law Corp | Apr 2, 2017 | Archived, Asset Protection, News & Commentary
If you need help, my wife and I are both licensed brokers and we know many agents in Orange County. We can help you find the right one for the area or type of housing you desire. Economists had predicted the inventory crunch would ease this year, as several...
by Dave Duringer - Protective Law Corp | Apr 2, 2017 | Asset Protection, Creditors & Predators
Trustophobic claptrap: In Australia, Canada and the US, the current anti-money laundering framework shows a tendency to rely on financial institutions to conduct the necessary background checks on real estate transactions… there are no checks on cash...
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 | Apr 2, 2017 | Firearm Training, News & Commentary
Once they identify a house that looks empty, they send one person to knock on the door, Dunn said. If no one responds, other gang members break through a side door or smash a window. If no alarm sounds, they head immediately to the master bedroom. In most...
by Dave Duringer - Protective Law Corp | Mar 31, 2017 | Asset Protection, Retirement Planning
“Competition is the challenge of the future for independent advisors, and as there’s more of them, differentiation is critical,” agreed Jon Beatty, senior vice president, sales and relationship management, Schwab Advisor Services.Asset allocation, rebalancing...
by Dave Duringer - Protective Law Corp | Mar 31, 2017 | Archived, Retirement Planning
To understand why, it is important first to understand this term: “Tax expenditure.”This is Washington budget-speak for tax revenue foregone due to special tax treatment. The phrase refers to billions of dollars in tax code exemptions, deductions or credits....