Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

A Member of the Law Professor Blogs Network

Thursday, February 26, 2015

CLE on Practical Trust and Estate Planning

 

CLEThe American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, Practical Trust and Estate Planning, on April 30-May 1, 2015 at the Marriot Fisherman’s Wharf in San Francisco, California.  Here is why you should attend:

Stay informed. Stay current. Give your clients the best advice a competitive estate planner can offer. Attend Practical Trust and Estate Planning!

Formerly Advanced Estate Planning Techniques, this long-running program features carefully selected, sophisticated topics that address some of the biggest issues currently faced by estate planning clients. Taught by experienced trust and estate practitioners and educators from around the country, this course will not only help you avoid common traps and pitfalls that often snare the unwary estate planner, but also help you develop the expertise you need to properly advise your clients.

February 26, 2015 in Conferences & CLE, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0) | TrackBack (0)

Friday, February 20, 2015

CLE on Managing Risk in Your Trusts and Estates Practice

CLE Photo

The American Bar Association Section of Real Property, Trust and Estate Law is holding a CLE entitled, Planning, Perils and Prevention: Managing Risk in Your Trusts and Estates Practice, on March 3, 2015 from 1:00 – 2:30 PM ET via webinar.  Here is why you should attend:

The program will use hypothetical scenarios to review professional responsibility issues that arise in a trust and estate planning practice, including the representation of spouses, and of family members from different generations. The presentation will focus on the application of the rules governing conflicts of interest and confidentiality in the estate planning context, as well as the representation of clients under a disability.

Our panelist will discuss:

  • Rules governing conflicts of interest;
  • Rules governing confidentiality;
  • Intergenerational representation;
  • Joint versus multiple representation;
  • Representation of clients under a disability;
  • Drafting Issues;
  • Representing fiduciaries; and
  • What does risk management look like for the Trusts and Estates Practice.

February 20, 2015 in Conferences & CLE, Estate Planning - Generally, Professional Responsibility | Permalink | Comments (0) | TrackBack (0)

Thursday, February 19, 2015

CLE: Kansas City Estate Planning Symposium

CLEThe Estate Planning Society of Kansas City, the Financial Planning Association of Greater Kansas City and University of Missouri Kansas City School of Law are presenting the Kansas City Estate Planning Symposium, April 23-24, 2015, at the Overland Park Convention Center in Overland Park, Kansas.  Here is why you should attend:

The Kansas City Estate Planning Symposium is the Midwest’s answer to the leading national conferences, featuring nationally recognized speakers at a fraction of the cost. You will advance your career, gaining knowledge and relationships that will help you better serve your clients.  Plus, earn up to a year’s worth of Continuing Education Credits.

The Symposium will include critical information for:

  • Estate Planning Attorneys
  • Business and Tax Attorneys
  • CPAs
  • Trust Officers
  • Planned Giving Professionals
  • CFPs®/Financial Planners
  • Life Underwriters

February 19, 2015 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 17, 2015

CLE on Effective Use of Trust Protectors

CLEThe American Law Institute Continuing Legal Education (ALI CLE) is presenting a CLE entitled, Effective Use of Trust Protectors: An Evolving Role, Tuesday March 24, 2015, 12:30 – 1:30pm, online and by phone.  Here is why you should attend:

Not all roles for trust protectors are the same.  Issues can arise that need to be clearly, directly and completely addressed when designating a trust protector to serve.

Are there drafting traps that can cause issues when using trust protectors? How can a planner deal appropriately with the question of fiduciary liability? How do state statutes affect appointments of trust protectors?

Learn the latest developments in the role and use of trust protectors in this fast-paced discussion among estate planners with decades of experience interpreting complicated trust laws.

Topics to be discussed include:

  • How state statutes affect the use of trust protectors
  • Drafting tips to outline the scope of trust protector powers and duties
  • How the use of alternate decision makers impacts the administration of trusts

February 17, 2015 in Conferences & CLE, Trusts | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 4, 2015

CLE on Planning Techniques for Large Estates

CLEThe American Law Institute Continuing Legal Education (ALI CLE) is presenting a CLE entitled, Planning Techniques for Large Estates, on April 8 – 10, 2015 in Scottsdale, AZ and via webcast.  Here is why you should attend:

Planning for large estates continues to be a technically demanding and dynamic area of practice. Don’t miss the best opportunity in 2015 to fine tune your knowledge and stay up-to-date! 

Attend this highly-rated course and get the latest information and planning techniques specifically for large estates. Learn, network, and strategize with your peers and a highly experienced faculty of trust and estate practitioners from across the country.

Featuring in-depth discussions of estate and gift tax issues and planning techniques, this year’s topics include:

  • business succession planning
  • charitable planning issues
  • legislative developments and outlook
  • remainder interest purchase planning techniques
  • postmortem estate planning
  • valuation issues
  • ethics and privileges
What You Will Learn

Get the tools you need to advise your clients on the latest wealth planning and tax strategies. Led by a nationally recognized faculty of trust and estate experts, this advanced course addresses the most sophisticated problems and considerations unique to planning large estates.

Whether you are a new or returning attendee, this program will keep you on the leading edge of wealth planning and estate practice. New topics this year include:

  • Business Succession Planning: Keeping It in the Family
  • Striking the Balance: Fiduciary Income, Net Investment Income, Capital Gains, and Other Non-Transfer Tax Consequences of Transfer Tax Planning
  • Generation Skipping Transfer Tax Planning
  • Legislative, Valuation, and Other Developments 2015
  • Creative Uses of Remainder Interest Purchase Planning Techniques
  • A Potpourri of Charitable Planning Issues (and Traps) You Might Have Never Thought About Before

Discussions are based on changing fact patterns and solutions, rather than simply principles of law or statutory provisions. Each topic is explored in depth, presenting key issues, alternative approaches, and practical planning strategies.

February 4, 2015 in Conferences & CLE, Estate Planning - Generally, Estate Tax, Gift Tax | Permalink | Comments (0) | TrackBack (0)

Monday, February 2, 2015

CLE on Special Needs Trusts

CLEThe American Law Institute Continuing Legal Education (ALI CLE) is presenting a CLE entitled, Special Needs Trusts: The Special Care Needed from Effective Estate Planners, Tuesday March 10, 2015, 2:00 – 3:30pm Eastern, online and by phone.  Here is why you should attend:

The number of families impacted by a family member with a disability has grown enormously in recent years. Estate planning attorneys must be aware of special needs considerations in the estate planning process. An improperly drafted plan can severely diminish the disabled family member’s access to housing assistance, care and support programs, Medicaid, and other government benefits.

What You Will Learn

During this engaging and informative CLE, attendees will learn how to identify special needs planning issues and address them in the estate plan. The faculty will review the differences between first party and third party trusts, and the appropriate use and drafting of each. In addition, the faculty will also discuss the following:

  • benefits available to individuals with disabilities and planning considerations
  • how special needs trusts are different from other types of trusts
  • pooled special needs trusts and their use
  • choice of trustees
  • tax issues in special needs planning
  • administration issues unique to special needs trusts
  • uses and limitations of the new ABLE act
  • the Affordable Care Act and special needs planning

Questions submitted during the program will be answered live by the faculty. In addition, all registrants will receive a set of downloadable course materials and free access to the archived online program.

February 2, 2015 in Conferences & CLE, Trusts | Permalink | Comments (0) | TrackBack (0)

Sunday, February 1, 2015

Save the Date: 2015 Spring Symposia CLE Meeting

CLERegistration will open soon for the Estate Planning and Real Property Spring Symposia, which will be held Thursday, April 30 - Friday, May 1, 2015, in Washington, DC. Here is why you should attend:

This year we are teaming up with the ABA Section of International Law ("SIL") during their Spring Meeting and co-sponsoring and producing 6 CLE programs. The first two programs will be held at the SIL hotel, the Hyatt Regency Capital Hill, on Wednesday, April 29. The other 4 programs will be at the RPTE hotel on Thursday.

There is no additional charge for Symposia attendees to attend the SIL programs on Wednesday, or for SIL members to attend the Symposia joint programs on Thursday.

Our Symposia Reception will also be held in conjunction with SIL on Thursday evening at the Smithsonian's National Museum of American History. This is not to be missed!

February 1, 2015 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Saturday, January 31, 2015

Free Webinar on the Uniform Powers of Appointment Act

CLEThe American Bar Association Section of Real Property, Trust and Estate Law is holding a free webinar for RPTE members entitled, The Uniform Powers of Appointment Act: Straightforward Default Rules to Fill a Vacuum, on February 11th from 12:30-1:30 PM ET.  Here is why you should attend:

Powers of appointment are among the most commonly-used techniques in estate planning.  Despite this fact, little case law and virtually no statutory law governing powers of appointment exists in many United States jurisdictions.  As a result, much uncertainty exists in the planning and administration of estates, often leading to costly litigation.  Does the residuary clause of a powerholder’s will exercise a general power of appointment?  If a power of appointment is ambiguously drafted, may the powerholder give the appointive property only to some of the appointees, omitting others entirely? May a power of appointment be exercised in a record that is not a writing?  What is the difference between a power of appointment, a fiduciary power, and a power of attorney? When is a contract to exercise a power of appointment enforceable?  What are the rights of a powerholder’s creditors in the appointive property? 

In 2013, the Uniform Law Commission published the Uniform Powers of Appointment Act (“UPAA”) to provide a well-organized codification that eliminates much of the uncertainty surrounding the answers to these questions.  Our panelists have played important roles in the preparation and dissemination of the UPAA: Mr. Kent, a former ULC Commissioner from Colorado, was a member of the drafting committee; Professor Hess was the ABA Advisor to the drafting committee, and Mr. Orzeske is the member of the ULC staff who advises state legislatures planning for the enactment of the UPAA.

The speakers will first briefly summarize the process by which the act was written.  Then, they will discuss selected provisions dealing with the creation, exercise, and interpretation of powers of appointment.  Finally, they will outline experiences with enactment to date.

January 31, 2015 in Conferences & CLE, Disability Planning - Health Care, Disability Planning - Property Management, Estate Administration, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

CLE on Commercial Real Estate Leasing

CLEThe ABA Section of Real Property, Trust and Estate Law is presenting the second of five eCLE webinars that are part the Fundamentals of Commercial Real Estate series. The upcoming webinar will focus on Commercial Real Estate Leasing on Wednesday, February 25, 2015, 12:00 – 1:30 p.m. CT. Here is why you should attend:

There's Still Time to Register For the Fundamentals of Commercial Real Estate eCLE Series

Even though this year's Fundamentals of Commercial Real Estate eCLE series has already started, it's not too late to register! When you purchase the entire series, you will be registered for all remaining webinars and receive recordings of any sessions that have already occured. Don't miss this excellent program covering topics like purchase and sale agreements, leasing, financing, title insurance, and zoning.

Session 2: Commercial Real Estate Leasing

Speakers: Mark Senn, Senn Visciano; Richard Frome, Frome Law, and Ruth Schoenmeyer, Pircher, Nichols & Meeks

A panel of experts will discuss the problems and pitfalls most often encountered in commercial real estate leasing.

Topics will include:

  • Rent structures – gross, net, triple net; operating cost pass-throughs; percentage rent for retail leases
  • Term: making sure that rent and term start at the same time
  • Lender issues: subordination/non-disturbance agreements (why you do or don’t need them)
  • Sublease/assignment: what issues really matter to each side
  • Renewal options: does anyone really use those clauses for determining FMV (but why you still want to include them)

The 2015 Fundamentals of Commercial Real Estate Program is a comprehensive introduction to commercial real estate law.  This series will focus on issues as they relate to commercial real estate purchase & sale agreements, leasing, financing, title insurance, and zoning & land use.  It will feature five 90-minute sessions of continuing legal education programming specifically designed for attorneys who are new to the field of real estate law.

January 31, 2015 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Friday, January 30, 2015

Professional Development Series For Paralegals

CLEThe ABA Section of Real Property, Trust and Estate Law is presenting the second of ten webinars for the professional development series entitled, From Undertaker to Litigator and Steps in Between: The Role of the Paralegal in Estate Administration, Distribution and Resolution.

The upcoming webinar entitled,  Immediate Post-Mortem Estate Planning will cover the topics of appointment of a fiduciary, fiduciary considerations, immediate steps to take postappointment, post-mortem estate planning considerations, disclaimers, and more. Thursday, February 12, 2015, 12:30 PM - 01:30 PM CT.  Here is why you should attend:

The ABA Section of Real Property, Trust and Estate Law is proud to continue our professional development series focused on paralegals, legal assistants, and others working in the areas of Trust & Estate Law, with the 2015 program: From Undertaker to Litigator and Steps in Between: The Role of the Paralegal in Estate Administration, Distribution and Resolution.

Attendees of the Paralegal eLearning Program will learn substantive legal and ethics issues, as well as best practices, from leading industry professionals with in-depth knowledge and hands-on experience in Trust & Estate Law.

January 30, 2015 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)