I’m here at FreedomFest in Las Vegas, NV. My favorite conference in America. What a great group of freedom lovers and sound thinkers. And this year it has a huge number of millennials to accompany the gray heads. It looks like some smart young people are waking up to the lies of socialism and crony government, and are asking the right questions of those in power. Indeed, they are preparing to take it!
On Wednesday night Steve Forbes opened the meeting with a loud demand that the Hill stops listening the Congressional Budget Office on the grounds that it is always wrong. He went on to say that if they could accurately predict things the country wouldn’t be in debt and they would all be billionaires working on Wall Street. Interestingly, a few hours later this opinion was seconded from the White House.
The first day of FreedomFest tends to give the sponsors a chance to talk. Many of them are alternative investors. I skipped the oil and gas guys as I’m not wealthy enough to invest in them, but I went to a few sessions which opened my eyes to the need for estate planning, asset planning, and for due diligence when you are contemplating making an investment. I also discovered that you can open a completely secure, secret and private (IRS-proof) bank account in Belize for as little as $1000! Apparently Belize has 24% liquidity in its banking system which makes it the best backed in the world, according to the man speaking.
These are a couple of the conferences we attended.
I also went to a talk entitled “The 10 Most Common Estate Planning Mistakes and how to avoid them” by David Phillips.
Having recently dealt with my father-in-law’s passing and dealing with his estate I paid a whole heap more attention to this talk than I normally would. Here’s the same talk but from another conference. I hope you agree that it is very interesting, especially the insurance technique for Long-Term Care, and the structure for the Family Bank which sounds like a genius move to keep your assets where all your family can use – and repay – them in perpetuity. (This is not an endorsement, nor a recommendation. Other than watching this talk I have no relationship with these speakers at FreedomFest, I just found it interesting.)
10 Most Common Asset Protection Blunders by Rick Durfee
#1 — Driving with your eyes shut
–Be Aware of dangers
–Open your eyes.
–Eyes closed makes hitting something more likely, not less
–“It won’t happen to me” mentality
–Risk is math, but is both objective and subjective. Objective is what happens. Subjective is how much it bothers us.
–Odds are, things will happen. Nobody gets through life unscathed.
#2 — Ignoring the basics
–Start at the bottom of the ladder — don’t do exotic stuff until the basics are covered.
— What puts your assets at risk (in order)
–Long Term Care
–Family & Friends
#3 — Ignoring the ticking time bomb
–The longer your asset protection is in place, the better.
–There is a statute of limitations on these strategies — and it varies. It can be 2 years to as long as 10 years for different issues.
–Last minute asset protection costs more and doesn’t work as well. It is much better to start it early.
–If you wait long enough it doesn’t matter — you’re dead.
#4 — Leaning your ladder on the wrong wall — things you shouldn’t do:
–Personal ownership of anything
–Third party ownership
–Revocable trust alone (absent other strategies)
–No retirement fund exit plan
–Government vs private retirement (anything the government sets up they can change i.e. Obama’s plan to confiscate anything over $3,000,000 in anyone’s IRA)
–Post retirement tax deferral (once you’re retired, don’t do that)
–Personally-owned life insurance
–Single generation trusts
–Asset protection trusts
–Gifts that surrender control
#5 — Looking for love in all the wrong places
–Hometown vs… Local advisor for purely local stuff, otherwise a multi-jurisdictional advisor
–Jurisdictional dependent trust (only works when you’re in the state, not moved elsewhere)
–Single state vs multiple jurisdictions
–Failure to register in state (where you’re doing business or have assets)
–Asset protection trust – backfire
–Offshore that should be onshore
–Domestic that should be offshore
–Falling for the sales pitch
–One size fits all structures
–Internal vs external risk
–Frontal assault or a flanking maneuver. A good fence keeps your dog in and other dogs out.
#6 — Bringing the wrong ladder
–Good tool, bad application
–Natural person owners
–Natural person Members
–Single vs multiple Members
–No operating agreement
–No membership certificates
–Corporation instead of LLC
–Corporate stock is personal property subject to garnishment
#7 — Operational errors
–Failure to report and pay taxes
–Failure to update and manage change
–No business purpose
–Failure to fund
–Failure to keep records
–No annual reports
–Paying capital gains tax
#8 — Self-inflicted wounds — shooting your own foot
–Third Party ownership
–Fraud and crime
–Cussing out the Feds
–Lying, cheating, stealing
–Personal guarantees (gives bank ability to whack you)
–Blaming the solution
#9 — Self insuring
–You are the first line of insurance
–Failing to understand policy exclusions
–Not enough umbrella
–Not enough life insurance
–No long term care
–Don’t outlive your money
–“Fire insurance” give to charity (yup, that kind of fire)
#10 — Ignoring collateral risk
–Failure to protect what matters most (values and family)
–Golf buddy risk — failure of others to plan
–Poor buy/sell (underfunded, under documented)
–Gifts that may incapacitate future generations
–Inviting family fights
3 costs involved with this type of protection include:
- Set-up costs: lawyers, asset protection structures
- Maintenance costs: lawyers, etc
- Complexity in your life. You have to pay attention
Larry Elder, a talk radio host, hosted a meeting on free and fair trade.
The highlights went:
— Tariffs are stupid — stopping foreign governments from subsidizing Americans’ purchases makes no sense.
— Protectionism hurts Americans most.
— Barriers to entry/licensing must go. It costs $5,000 to go to barber school and get a license in California.
— Corporate management has the obligation to maximize shareholder value. As a nation, we need to work to make America competitive — lower corporate taxes, ease regulations, etc. We also need to improve skills and better education.
— “Welfare state OR open borders, not both.” — Milton Friedman
— About 10% of kids past elementary school in America attend private schools. 40% of the children of public school teachers in Philadelphia do.