Wills, Trusts & Estates Prof Blog

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

Saturday, September 23, 2017

CLE on Elder Law and Medicaid Planning: Everything You Need to Know

0000000 CLEThe National Business Institute is holding a conference entitled, Elder Law and Medicaid Planning: Everything You Need to Know, which will take place on Wednesday, September 27, 2017, at the Hilton Garden Inn Rochester Downtown in Rochester, NY. Provided below is a description of the event:

Program Description

Everything You Need to Know to Represent Elderly Clients

Rising medical costs, health insurance changes, looming Social Security Fund depletion and baby boomers' retirement have intensified concerns over long-term care funding. Are you doing everything you can to help each client develop a comprehensive plan to ensure proper quality of life in the golden years? Join our expert faculty for two days of intensive study on planning and coordinating government benefits, and emerge better prepared to face the challenges of today's Medicaid and elder law practice. Register today!

  • Get two full days of estate planning training, so you can help clients protect assets and qualify for continuing care benefits.
  • Review medical and financial Medicaid eligibility criteria in detail.
  • Explore new continuing care options that allow for more independence.
  • Find new LTC funding sources to help clients maintain the quality of life they're used to.
  • Get solutions to real-life ethical dilemmas often faced in elder law practice.
  • Plan for the tax consequences of asset transfers on spenddown requirement compliance.
  • Minimize Medicaid estate recovery through intricate understanding of the process.
  • Make better use of special needs trusts.

Who Should Attend

This basic-to-intermediate level two-day seminar is designed for:

  • Attorneys
  • Estate and Financial Planners
  • Trust Officers
  • Paralegals
  • Accountants
  • Tax Preparers
  • Nursing Home Administrators

Course Content

DAY 1

  1. Medicaid Benefits and Eligibility Rules
  2. Preserving Family Assets When Qualifying for Medicaid
  3. Medical and End-of-Life Decisions
  4. Medicaid Application Procedure and Tactics
  5. Ethical Dilemmas

DAY 2

  1. Long-Term Care Planning: Types, Cost, and Funding Options
  2. Tax Considerations
  3. Powers of Attorney
  4. Special Needs Trusts: Creation, Taxation, Administration
  5. Medicaid Post-Eligibility Issues

Continuing Education Credit

Continuing Legal Education

Credit Hrs State 
CLE 14.40 -  NJ*
CLE 14.00 -  NY*
CLE 12.00 -  PA*

Continuing Professional Education for Accountants – CPE for Accountants: 14.00 *

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *

* denotes specialty credits

September 23, 2017 in Conferences & CLE, Disability Planning - Health Care, Elder Law, Estate Planning - Generally | Permalink | Comments (0)

Thursday, September 21, 2017

CLE on The Probate Process From Start to Finish

0000000 CLEThe National Business Institute is holding a conference entitled, The Probate Process From Start to Finish, which will take place Tuesday, September 19, 2017, at the Holiday Inn Louisville East-Hurstbourne in Louisville, KY. Provided below is a description of the event:

Program Description

Handling Probate from Initial Notices Through the Estate Closing

This "a through z" guide to probate is designed to take you from the first days of the estate timeline through all the steps of marshaling and valuing estate assets, locating and paying the creditors, paying the beneficiaries, and laying the estate to rest. You will receive the latest updates on the probate court procedure and tax laws, practical guidance from experienced probate attorneys on using spousal elective share and resolving estate disputes, and sample forms and checklists to speed up the administration process. Build a solid foundation for your probate practice - register today!

  • Learn the procedure, rules and practical steps to effectively administer a probate.
  • Determine what form of administration is appropriate for a specific probate case.
  • Clarify the order of inheritance for an estate when there is no will.
  • Locate assets and obtain ownership documents more easily with a list of local and online resources.
  • Get a complete view of the sequence of events that must happen before the estate can be closed.
  • Identify common actions that trigger malpractice liability and get tips for staying in the clear.
  • Get practical advice for honoring or contesting all claims against the estate.
  • Find new ways to resolve liquidity issues that delay estate closing and final distributions and payments.
  • Learn what common closing mistakes can allow the estate to be re-opened, and how to avoid them.

Who Should Attend

This basic level seminar is designed for professionals who want to be more effective in handling the probate process, including:

  • Attorneys
  • Paralegals
  • CPAs and Accountants
  • Financial Planners and Wealth Managers
  • Tax Planning Specialists
  • Trust Officers
  • Tax Preparers

Course Content

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Inventory and Appraisement
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Sale of Property and Distributions
  8. Final Accounting and Closing the Estate
  9. Probate Disputes and Litigation
  10. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.75 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 8.00 *

Professional Achievement in Continuing Education – PACE: 8.00 *

* denotes specialty credits

September 21, 2017 in Conferences & CLE, Estate Planning - Generally, Professional Responsibility, Trusts, Wills | Permalink | Comments (1)

Monday, September 18, 2017

CLE on Estate Administration Procedures: Why Each Step Is Important

0000000 CLEThe National Business Institute is holding a conference entitled, Estate Administration Procedures: Why Each Step Is Important, which will take place on Wednesday, September 20, 2017 at The Riverside Hotel in Boise, ID. Provided below is a description of the event:

Program Description

Properly Administer Your Client's Estate

Do you have a solid understanding of proper procedures surrounding estate administration? Do you feel confident that you can overcome the wide array of challenges you may face while working with each estate's unique requirements? Join us and gain a comprehensive understanding of the estate planning process so you can easily organize and manage your responsibilities. Register today!

  • Weigh the pros and cons of informal administration and learn how it can be advantageously used.
  • Make the entire process as efficient as possible when working with the personal representative.
  • Determine the survivors' immediate needs - and ensure they're met.
  • Know your options: take a look at alternative methods to closing the estate.
  • Competently file federal and state estate tax returns and know exactly what is required.
  • Learn how to handle the most common issues in probate litigation.

Who Should Attend

This basic level seminar will provide fundamental estate administration topics for:

  • Attorneys
  • Accountants
  • Paralegals
  • Trust Officers
  • Estate Planners
  • Tax Preparers
  • Financial Planners

Course Content

  1. Foundations of Estate Administration Defined
  2. Preparing to Begin the Administration Process
  3. Considerations for Collecting the Assets, Preparing the Inventory and Handling Claims Against the Estate
  4. Being Thorough to Close the Estate Without a Hitch
  5. Understanding Tax Procedures to Avoid Problems Later
  6. Ethical Challenges in Estate Administration
  7. Common Issues To Be Prepared for in Litigation and Probate

Continuing Education Credit

Continuing Legal Education – CLE: 6.75 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 8.00 *

Professional Achievement in Continuing Education – PACE: 8.00


* denotes specialty credits

September 18, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Wednesday, September 13, 2017

CLE on Handling Real Estate Transactions From Start to Finish

0000000 CLEThe National Business Institute is holding a conference entitled, Handling Real Estate Transactions From Start to Finish, which will take place on Thursday, September 14, 2017 at Hampton Inn & Suites Oklahoma City-Bricktown in Oklahoma City, OK. Provided below is a description of the event:

Program Description

Learn the Fundamentals of Real Estate Closings

Are you confident in your abilities to close complex real estate transactions? Are you behind on current trends or looking to learn new ways to navigate the process? This fundamental course will provide you with current procedural guidelines and tools necessary to handle your transactions from contract to closing. The world of real estate is ever-changing and remaining up to date on legislative requirements and best practices is vital for success. Don't miss this opportunity to learn the latest information and techniques to guarantee a positive experience. Register today!

  • Walk through the real estate closing process and procedures with useful checklists.
  • Stay up to date on TRID requirements necessary for compliance.
  • Know the critical steps for a successful closing.
  • Review local procedures to properly record deeds.
  • Maintain an ethical practice by avoiding conflicts of interest and attorney pitfalls.

Who Should Attend

This basic-to-intermediate level seminar provides the fundamentals of real estate transactions for:

  • Attorneys
  • In-House Counsel
  • Real Estate Professionals
  • Title Insurance Professionals
  • Lenders
  • Paralegals

Course Content

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 *


* denotes specialty credits

September 13, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Tuesday, September 12, 2017

CLE on Surveys, Plats, Historical Records, Legal Descriptions and Title Insurance

0000000 CLEThe National Business Institute is holding a conference entitled, Surveys, Plats, Historical Records, Legal Descriptions and Title Insurance, which will take place on Thursday, September 14, 2017 at Holiday Inn Princeton in Princeton, NJ. Provided below is a description of the event:

Program Description

Identify and Fix Discrepancies That Arise During Real Estate Transactions

Inaccurate descriptions, inconsistent and conflicting surveys and plat map designations and confusing historical records and unrecorded easements can pop up at any time during real estate transactions. Are you prepared? In this two-day, intermediate-level course, you’ll gain real-world insight from veteran surveyors and attorneys who have worked in the field, have hands-on experience and know what challenges you’ll face. Filled with examples and sample documents, faculty will teach you how to review, analyze and interpret surveys, maps, records and descriptions in plain English. Gain the technical skills you need to catch errors and handle them before they spiral out of control - register today!

  • Gain insight from surveyors on how to reconstruct events from a century ago.
  • Dig deep into the ALTA/NSPS land title survey standards and compliance.
  • Learn how to prove/disprove non-recorded easements.
  • Find out what surveyors do to compensate/adjust missing markers and references that don't match.
  • Confidently cross-read the survey and title commitment.
  • Review convoluted plat maps and work with surveyors to confirm/remove designations.
  • Analyze perimeter, strip, area, township and range legal descriptions and learn to plat complex tracts of land in metes and bounds to avoid future disputes.
  • Identify challenges with zoning, restrictions and encroachments on a survey; how they affect the title; and what you can do to fix the problem.
  • Gain practical tips for addressing conditions, covenants and restrictions when drafting deeds.

Who Should Attend

This intermediate level program will benefit:

  • Attorneys
  • Real Estate Professionals
  • Surveyors
  • Zoning, Land Use and Planning Professionals
  • Title Agents and Underwriters
  • Property Appraisers and Assessors
  • Bankers and Loan Officers
  • Paralegals

Course Content

Continuing Education Credit

American Institute of Certified Planners – AICP: 12.00 *

Continuing Legal Education

Credit Hrs State 
CLE 14.40 -  NJ*
CLE 14.00 -  NY*
CLE 12.00 -  PA*

International Association for Continuing Education Training – IACET: 1.20

* denotes specialty credits

September 12, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Monday, September 11, 2017

CLE on 54th Annual NAEPC Advanced Estate Planning Strategies Conference

0000000 CLEThe National Association of Estate Planners & Councils is holding a conference entitled, 54th Annual NAEPC Advanced Estate Planning Strategies Conference, which will take place on Wednesday, November 15, 2017 at The Roosevelt New Orleans, a Waldorf Astoria Hotel in New Orleans, LA. Provided below is a description of the event:

Speakers & Topics

Wednesday, November 15, 2017 (offered as a part of the pre-conference sessions for council leaders, available as an opt-in for educational attendees)
Council Leadership Day Development Session: Communication Across Generations and the Impact of Family Philanthropy
Sharna Goldseker

Thursday, November 16, 2017
Sponsor Bonus Session: Life Insurance in Estate Planning: Beyond the Role of Benefits for Beneficiaries & Tax Strategies
Darwin M. Bayston, CFA
Session provided by Berkshire Settlements, Inc.

Modern Uses of Partnerships in Estate Planning
Paul S. Lee, JD, LL.M. (taxation), AEP® (Distinguished)

Life Insurance Product Selection, Design and Funding: Making Fundamental Decisions in Common Financial and Estate Planning Scenarios
Charles L. Ratner, JD, CLU®, ChFC®, AEP® (Distinguished)

Sponsored General Session: Advanced Planning Applications for Market-Based Life Insurance Valuations
William Clark, Jamie Mendelsohn & Jon B. Mendelsohn
Session provided by Ashar Group / Ashar SMV

How Slippage and Gray Areas Lead Us Into Ethical Lapses
Marianne M. Jennings, JD

Minimizing Family Conflicts in Estate Planning
John J. Scroggin, JD, LL.M., (taxation), AEP® (Distinguished) Nominee

Current Issues in Estate and Gift Tax Audits and Litigation
John W. Porter, B.B.A., JD, AEP® (Distinguished)

Special Concurrent Sessions on Thursday, November 16, 2017, 5:15 pm

Annual Private Event for Active Accredited Estate Planner® Designees and Estate Planning Law Specialist Certificants
Legacy Planning Reimagined: a Discussion with Philip B. Cubeta, CLU®, ChFC®, MSFS, CAP®, AEP®

The Accredited Estate Planner® Designation Program from A - Z
For those who are interested in learning more about or attaining the AEP® designation, this session will provide an overview of the program and offer an opportunity to have your questions answered by the experts at NAEPC.  


Friday, November 17, 2017
Tax-Efficient Drawdown Strategies During Retirement
Robert S. Keebler, CPA/PFS, MST, AEP® (Distinguished), CGMA

Estate Planning Current Developments and Hot Topics
Steve R. Akers, JD, AEP® (Distinguished)

Sponsored General Session: Understanding Asset Protection in the 21st Century
Douglass S. Lodmell, JD, LL.M.
Session provided by Asset Protection Council® / Lodmell & Lodmell, P.C.

Inter Vivos Non-Grantor Trusts (some Complete; some Not) for State (and some Federal) Income Tax Minimization
William D. Lipkind, JD, LL.M.

Planning for Privacy in a Public World: The Ethics and Mechanics of Protecting your Client’s Privacy and Personal Security
John Bergner, JD & Jeff Chadwick, JD

Income Taxation of Trusts & Estates – Ten Things Estate Planners Need to Know
Mickey R. Davis, JD & Melissa J. Willms, JD, LL.M.


Cost & Registration

54th Annual Advanced Estate Planning Strategies Conference with Pre-Conference Sessions for Council Leaders
Includes Council Leadership Day sessions on Wednesday, November 15, 2017, sponsor bonus and technical education sessions on Thursday, November 16, 2017 & Friday, November 17, 2017, presentation material, conference breakfasts & luncheons, and the Wednesday evening Welcome Reception  $1,125

54th Annual Advanced Estate Planning Strategies Conference
Includes the Wednesday evening Welcome Reception at 5:00 pm on Wednesday, November 15, 2017, sponsor bonus and technical education sessions on Thursday, November 16, 2017 & Friday, November 17, 2017, presentation material, and Thursday and Friday breakfasts & luncheons.  $1,025 member* / $1,250 non-member

Companion Package
Includes Thursday - Friday breakfasts and companion tours and the Wednesday evening Welcome reception.  $475

Available Discounts
$50    Early Bird Discount (Registration must be received by September 30, 2017)
$50    Active Accredited Estate Planner® or Estate Planning Law Specialist designee
$50    Host Council Discount for Members of New Orleans EPC
$100  NAEPC Volunteer Discount (available to non-board members of any committee of NAEPC)

 

A $50 late fee applies to all registrations submitted after October 31, 2017.

Cancellation Policy: Cancellations must be received in writing or via email to conference@naepc.org.  A full refund will be granted if notice is received on or before 9/29/17.  Registrants who cancel between 9/30/17 and 10/31/17 will forfeit a $100 administrative fee.  No refunds will be granted on or after 11/1/17.  Requests to transfer registrations will be accommodated.

* A member is defined as an active AEP or EPLS designee, At-large member of NAEPC, or a member of an estate planning council affiliated with NAEPC.


Companion Program

The Conference Committee prides itself on choosing exciting companion programs for those who accompany Council Leadership Day and Educational Package registrants to the conference!  Two very exciting programs are planned for this year:

Thursday, November 16, 2017
Visit to The National WWII Museumlunch at Mother’s Restaurant, and a tour the New Orleans Contemporary Arts Center

Friday, November 17, 2017
Garden District & Cemetery Walking Tour, lunch, and Magazine Street shopping 

The companion package fee is $475 and includes the Thursday & Friday breakfasts and companion tours and the Wednesday evening Welcome reception.  

Learn more about the 54th Annual NAEPC Advanced Estate Planning Strategies Conference Companion progam by downloading the informational flyer.

*Tours subject to change


The Roosevelt New Orleans, a Waldorf Astoria Hotel

NAEPC is delighted to host its 54th Annual Conference at The Roosevelt New Orleans.  Steeped in history, The Roosevelt New Orleans and the land on which it sits was home to many interesting buildings prior to opening as the lavish Grunewald Hotel in 1893.

The NAEPC room rate is $279 / night for single or double occupancy (plus applicable taxes and fees).  Additional room and suite options are available.  Reservations must be made by Friday, October 20, 2017.  Reservations can be made online by clicking HERE or by calling (888) 887-1006 and letting the reservationist know you are with NAEPC.

Transportation

Option 1, Shared Ride Shuttle Service through Airport Shuttle
Getting from the aiport to the hotel and back is easy with Airport Shuttle, which provides shared ride service to and from The Roosevelt!  Book travel online at least 24 hours prior to your flight arrival time HERE and receive a $4 discount, making roundtrip fare $40 and one-way tickets only $24.  To receive the discount travel must be booked online through the special NAEPC portal.  

Option 2, Uber / Lyft
The Roosevelt is serviced by both Uber and Lyft.  

Option 3, Hertz Rental Car
NAEPC has arranged for special discounts with Hertz for rentals in New Orleans from November 13-17, 2017.  To reserve, please call 800-654-2240, book online, or download the special NAEPC flyer HERE.  When booking online, the convention number/CV code is 03WB0020​ and should be entered in the "Enter a Discount or Promo Code" section of the booking options.


Continuing Education Credit

The conference offers up to 15 hours of continuing education credit.  Approval status can be monitored HERE.  Please note that approvals typically do not arrive until approximately two months prior to the conference.  

The following credit will be requested in all states: insurance, legal, accounting, CFP®, CTFA and PACE (including one hour of ethics credit, where applicable) for Thursday, November 16, 2017 and Friday, November 17, 2017.  Individual states determine the total number and types of credits awarded.  Insurance, legal, and CFP® license numbers are required on-site in order to receive credit.  

IMPORTANT MESSAGE FOR INSURANCE PROFESSIONALS
Partial credit for this program is not available.  Insurance professionals must attend every session on Thursday, November 16, 2017 and Friday, November 17, 2017 to receive credit.

The Society of Financial Service Professionals is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Nashville, TN 37219-2417.  This program is recommended for a total of 15 specialized knowledge & applications credit hours. The Annual Conference is an advanced educational program. A CPA who devotes at least 35% of their practice to estate planning meets the prerequisite level of knowledge to attend the program. After attending, participants will be able to identify and implement advanced estate planning techniques that will improve professionalism and personal service to their clients.

Continuing education credit is administered by the Society of FSP.

September 11, 2017 in Conferences & CLE, Estate Planning - Generally, Estate Tax, Gift Tax, Income Tax, Trusts | Permalink | Comments (0)

Friday, September 8, 2017

CLE on Estate Planning and Administration: The Complete Guide

0000000 CLEThe National Business Institute is holding a conference entitled, Estate Planning and Administration: The Complete Guide, which will take place on Tuesday, September 12, 2017 at Courtyard Los Angeles Sherman Oaks in Sherman Oaks, CA. Provided below is a description of the event:

Program Description

Find Out How Key Estate Planning Tools are Drafted and Implemented

Every client's estate is unique in its assets composition, family dynamics and future needs, but all are ruled by the same principles and are subject to the same tax and legal limitations. In this comprehensive legal guide, experienced attorney faculty will guide you through the process of estate planning and administration and show you how to select the best trust instruments and wield them skillfully to avoid mistakes at probate. They will also teach you how to properly administer the estate and tackle potential mistakes of improperly drafted documents, changed circumstances and newly arising conflicts. Become fully prepared to protect your client's legacies - register today!

  • Get an update on the current tax regime and other key regulations.
  • Get the case off on the right foot with a thorough and thoughtful client intake.
  • Compare key trust structures and their effect on the grantor and beneficiary tax future burdens.
  • Help clients plan for and fund long-term care.
  • Ensure confidentiality before and after the client's death.
  • Get useful checklists for key dates and tasks in estate administration.
  • Clarify what can be distributed through non-probate transfers and how to do it correctly.
  • Explore creditor issues in estate administration and get trouble-shooting tips from the pros.
  • Find out how much planning can still be done after the client's passing.
  • Discuss the duties and powers of fiduciaries, their limits and real-life application.
  • Get tips for closing the estate to prevent future disputes.

Who Should Attend

 

This basic-to-intermediate level seminar on estate planning and administration is designed for:

  • Attorneys
  • Accountants and CPAs
  • Paralegals
  • Tax Managers
  • Trust Officers
  • Certified Financial Planners
  • Investment Advisers

Course Content

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *

Financial Planners – Financial Planners: 14.00

International Association for Continuing Education Training – IACET: 1.20

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *


* denotes specialty credits

September 8, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Thursday, September 7, 2017

CLE on Retirement Assets and Charitable Giving: Strategies, Traps, and Solutions

0000000 CLEThe American College of Trust and Estate Counsel is holding a conference entitled, Retirement Assets and Charitable Giving: Strategies, Traps, and Solutions, which will take place via telephone seminar and audio webcast. Provided below is a description of the event:

About ACTEC

The American College of Trust and Estate Counsel (ACTEC) is a nonprofit association of lawyers established in 1949. Its members are elected to the College by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors.

Why You Should Attend

Retirement accounts and products are often the largest asset a client has. Although many come with tax advantages, they also have special restrictions and other implications. If your estate planning client would like to make a bequest of retirement assets to a charity, you need to understand all of the benefits and disadvantages to such a transfer so that you can advise them properly. Join our panel for an insightful discussion of the various techniques available for including charity in the disposition of qualified retirement assets.

What You Will Learn

Taught by a renowned law professor and two highly experienced estate planning practitioners – all Fellows of The American College of Trust and Estate Counsel (ACTEC) – this 90 minute program will address:

Restrictions for and advantages of making lifetime charitable gifts from IRAs

What planning is needed when both charitable and non-charitable beneficiaries will be beneficiaries of an IRA

Claiming a charitable income tax deduction to offset taxable income from IRD (Income in Respect of a Decedent), or from satisfying a pecuniary charitable bequest

How a tax-exempt two-generation CRT can solve estate planning challenges in second marriages

Have a question for the faculty? Send your questions to tsquestions@ali-cle.org. Questions submitted during the program will be answered live by the faculty. In addition, all registrants will receive a set of downloadable course materials to accompany the program.

Who Should Attend

This CLE program from American Law Institute CLE and ACTEC is designed for estate planners, wealth managers, and other attorneys or related legal professionals.

Register two or more and SAVE! Register as a group for this program and save up to 50%. Click on "Group Rates" for more information. (Offer valid on new registrations in the same delivery format; discounts may not be combined.)

Tuition for this Telephone Seminar is $199.00.

Tuition for the telephone seminar includes a set of electronic course materials and access to the telephone seminar.


Tuition for this Audio Webcast is $199.00.

Tuition for the webcast includes a set of electronic course materials and access to the webcast.

September 7, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Wednesday, September 6, 2017

CLE on 39th Annual Duke University Estate Planning Conference

0000000 CLEDuke University is holding a conference entitled, 39th Annual Duke University Estate Planning Conference, which will take place on Thursday, October 12, 2017 at the Duke Law School in Durham, North Carolina. Provided below is a description of the event:

About

Conference Objectives & Description

This two day conference consists of a series of lecture sessions designed to examine in detail current developments in the estate and gift tax field; strengthen the practitioner’s knowledge and application of estate planning techniques to a multitude of diverse and complex problems; and to provide a forum for the discussion of important estate planning problems and their solutions. Sessions will be led by a group of conference faculty members comprised of estate planning and tax practitioners and legal scholars. Faculty members have been selected for their knowledge of the subjects, presentation skills, and ability to communicate.

Detailed Agenda

39th Annual Duke Estate Planning Conference – October 12-13, 2017

Thursday, October 12, 2017

Registration & Continental Breakfast

7:00 am – 8:15 am

Welcome & Opening Remarks

8:15 am – 8:30 am

Recent and Pending Transfer Tax Developments – Part I

8:30 am – 9:30 am

Ronald D. Aucutt, McGuireWoods LLP and Stephen R. Akers, Bessemer Trust

This presentation will discuss the most significant recent developments affecting estate planning.  It will also discuss whether the estate tax is really permanent, or will be permanently repealed, and other pending legislative and administrative changes, including regulations affecting consistent basis and valuation discounts. The discussion will include practical planning implications in the face of legislative uncertainty and potential estate tax repeal.

Break

9:30 am – 9:40 am

Recent and Pending Transfer Tax Developments – Part II

9:40 am – 10:40 am

Ronald D. Aucutt, McGuireWoods LLP and Stephen R. Akers, Bessemer Trust

This presentation will discuss the most significant recent developments affecting estate planning.  It will also discuss whether the estate tax is really permanent, or will be permanently repealed, and other pending legislative and administrative changes, including regulations affecting consistent basis and valuation discounts. The discussion will include practical planning implications in the face of legislative uncertainty and potential estate tax repeal.

Break

10:40 am – 10:50 am

Fiduciary Litigation Topics in Depth

10:50 am – 11:50 am

Jessica A. Uzcategui, Sacks, Glazier, Franklin & Lodise LLP

The program will consist of a discussion of several topics (4-6) of current interest across the country in fiduciary litigation. Potential topics include the application of the attorney-client privilege in trust and estate litigation, statutes of limitations and other defenses, attorneys’ fees and costs, amendment or revocation of trusts, and others.

Lunch

11:50 am – 1:00 pm

Asset Protection After 20 Years

1:00 pm – 2:00 pm

John A. Terrill, II, Heckscher, Teillon, Terrill & Sager P.C.

In 1997, two states, Alaska and Delaware, passed the first “domestic asset protection trust” or “DAPT” legislation. In the ensuing twenty years, there has been an explosion of asset protection laws in the United States; there are now 18 states that have DAPT laws. There has been some but relatively little case law and IRS responses addressing the application and effectiveness of DAPT statutes, both with regard to creditors and with regard to the tax consequences of DAPTs. Mr. Terrill will review the history of DAPTS over these twenty years and will address how asset protection has evolved over these two decades. He will also share his own observations as to how asset protection will continue to evolve in coming years.

Break

2:00 pm – 2:10 pm

The Tax and Practical Basics of Private Foundations

2:10 pm – 3:10 pm

Alan F. Rothschild, Jr., Page, Scrantom, Sprouse, Tucker & Ford, P.C.

Private foundations are subject to very different rules than public charities—including lower charitable deduction limitations, stringent grant making requirements and excise taxes on self-dealing and taxable expenditures. This session will provide a practical overview of common foundation operational issues and how to address these issues under current legal and best practice guidelines.

Break

3:10 pm – 3:20 pm

Art in Estate Planning and Administration

3:20 pm – 4:20 pm

Anne-Marie Rhodes, Loyola University Chicago School of Law

When an estate includes works of art, the normal rules of planning and administration may not apply.   Questions of title, ownership, authenticity, and valuation arise routinely in the global art market.   Legislatures and courts – domestic as well as foreign – are more actively engaged in many of those controversies. This presentation will present an overview of some of the issues that can confront and confound an estate planner when dealing with works of art.

Pixar for Estate Planners: Who Gets Your Digital Stuff When You’ve Logged Off for the Final Time

4:20 pm – 5:20 pm

Robert K. Kirkland, Kirkland Woods & Martinsen PC

The objectives are to impress upon the participants the need to understand the nature of clients’ digital property, to discuss the many unique obstacles to planning for and administration of digital property, to introduce many planning techniques for digital property, to summarize the impact (or lack thereof) of the Revised Uniform Fiduciary Access to Digital Assets Act, and to inform of the many administrative tasks associated with digital property in an estate or trust.


Friday, October 13, 2017

Continental Breakfast

8:00 am – 8:30 am

Income Tax Developments

8:30 am – 9:30 am

Andrea C. Chomakos, McGuireWoods LLP

This session will cover recent legislative developments affecting income taxes of individuals and corporations. In addition, the presenter will discuss various federal and state income tax issues applicable to estates and trusts.

Break

9:30 am – 9:40 am

Discretionary Distributions: The Garment is Bigger than its HEMS

9:40 am – 10:40 am

Hugh Magill, Northern Trust Company

Discretion over trust distributions is one the two most important responsibilities given to trustees. We will examine a wide range of discretionary standards, including the often used ascertainable standards emanating from Treasury Reg. Sec. 20.2041-1(c), and consider how to creatively express and interpret grantor intent in this vital function of trust management.

Break                                                                                                                                                

10:40 am – 10:50 am

Knowing the Ropes and Binding the IRS: Income and Transfer Tax Issues of Settlements and Modifications that Every Fiduciary Should Know

10:50 am – 11:50 am

Melissa J. Willms, Davis & Willms, PLLC

Being a fiduciary can be a thankless job, but dealing with taxes is part of the job. If litigation ensues or a trust construction, decanting, or other modification is sought, it’s vital to know the income, estate, gift, and GST tax consequences that may arise when a fiduciary is a party to a settlement or takes part in a modification. Also learn the importance of language used when documenting the outcome, and how to bind the IRS to the deal.

Lunch

11:50 am – 1:00 pm

I Have It Because Mom Liked Me the Best: How to Help Protect Vulnerable Seniors from Financial Exploitation

1:00 pm – 2:00 pm

Stuart C. Bear, Chestnut Cambronne

It is a well-known fact that elder abuse throughout the country is on the rise. This presentation will identify what is financial exploitation, and legal remedies available to help a vulnerable senior. This presentation will also address the considerations and obligations of the advisor, in helping a vulnerable senior. Finally, this presentation will address measures to take with proper planning, to prevent a senior from financial exploitation.

Break

2:00 pm – 2:10 pm

Internal Affairs: Ethical Challenges in a Trusts and Estates Practice

2:10 pm – 3:10 pm

Beth Shapiro Kaufman, Caplin & Drysdale and Randy J. Curato, ALAS, Inc.

Potential ethics issues abound in an estate planning practice. Implementing simple procedures to avoid ethical problems can substantially reduce your risk. This session will address best practices in the following areas: client intake procedures, referrals from others and referrals to other professionals, and lawyer impairment due to substance abuse, mental illness, and aging. This practical discussion will also disclose the most common malpractice risk areas for estate planners.

A New World Order for Estate Planners (or Why Is It So Hard to Open a Bank Account)

3:10 pm – 4:10 pm

Read Moore, McDermott Will & Emery LLP

In advising clients, U.S. estate planners rely on the widespread use and acceptance of trusts, simplicity in organizing companies, confidentiality, and expediency in financial transactions. Developments in the fight against money laundering and tax evasion, including the automatic sharing of tax information among countries, however, have the potential to significantly change.  This presentation will address developments in anti-money laundering rules and tax information sharing inside and outside the United States and how those developments may affect important features of the U.S. estate planning practice.

September 6, 2017 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Tuesday, September 5, 2017

CLE The Ultimate Guide to Probate

0000000 CLEThe National Business Institute is holding a conference entitled, The Ultimate Guide to Probate, which will take place on Wednesday, September 13, 2017 at Radisson Hotel Manchester Center of New Hampshire in Manchester, NH. Provided below is a description of the event:

Program Description

Your Comprehensive Probate Guide - With an Eye on the Assets

Probate practice is becoming an increasingly marketable skill due to the aging population and clients' reliance on competent attorneys and other professionals who can smoothly guide them through the procedures. In this seminar, our esteemed faculty will provide you with not only an understanding of the step-by-step probate process, but also with hard-won knowledge for managing issues regarding executors, creditor claims, inventory/accounting, beneficiary distributions and closing the estate. Enhance your practice - register today!

  • Navigate the probate process with ease in our practical, step-by-step walkthrough.
  • Accurately identify, value, prepare and distribute probate assets.
  • Pick up best practices for handling creditor notices and claims.
  • Understand the nuts and bolts of Medicaid estate recovery and remedies available to clients.
  • Find out how to deal with non-cooperative executors, beneficiary disputes, assets in the possession of others and other sticky issues.
  • Gain tips for navigating through tax forms so you can make strategic, money-saving decisions quickly.
  • Learn how to successfully balance the final account and close the estate.

Who Should Attend

This basic-to-intermediate level probate program is for:

  • Attorneys
  • Accountants
  • Enrolled Agents
  • Paralegals
  • Trust Officers
  • Financial Planners
  • Tax Managers/Consultants
  • Auditors/Treasurers

Course Content

Continuing Education Credit

Continuing Legal Education – CLE: 6.50 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of Legal Assistants, Inc. – NALA: 6.50 *

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 8.00 *

National Federation of Paralegal Associations, Inc. – NFPA

Professional Achievement in Continuing Education – PACE: 8.00 *


* denotes specialty credits

September 5, 2017 in Conferences & CLE, Estate Administration, Estate Planning - Generally | Permalink | Comments (0)