Wills, Trusts & Estates Prof Blog

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

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Monday, October 20, 2014

Conference on Planning Around Tax Entanglements

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Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. is holding the 16th Annual Conference entitled, The Web Our Clients Weave: Strategies for Helping Your Clients Plan Around and, if Necessary, Defend Tax Entanglements, in Dallas, Texas at the Cityplace Conference Center on October 28, 2014.  Provided below are just a few of the many topics that will be throughout the conference:

  • Estate Planning—Navigating the Potholes and Speed Bumps. This presentation will explore recent estate planning cases, their holdings and planning techniques.
  • The Affordable Care Act—Employer Planning Opportunities. This will focus on new employer provisions that take effect January 1, 2015.
  • Family Limited Partnerships. This presentation will discuss how family limited partnerships remain the least expensive and most flexible method of estate planning. 

October 20, 2014 in Conferences & CLE, Disability Planning - Health Care, Estate Planning - Generally, Income Tax | Permalink | Comments (0) | TrackBack (0)

Saturday, October 18, 2014

National Estate Planning Awareness Week

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October 19 – 25 is National Estate Planning Awareness week and the ABA Section of Real Property, Trust and Estate Law is inviting everyone to get involved.  On Thursday, October 23 at 1 p.m., RPTE will host a free webinar entitled, Estate Planning: How to Get Going and Why Not to Do It Yourself.  Here is why you should attend:

Statistical studies show that 55% of Americans die without a will or estate plan.  This free program informs the non-lawyer public how to start estate planning (wills, powers of attorney and trusts) by providing a set of practical first steps.  Our panel of lawyer and trust officer experts will also explain why simply signing a will or power of attorney with a “do it yourself” plan may actually be worse than doing nothing, costing a “special needs” family member the loss of government benefits or resulting in an ex-spouse inheriting assets. The program is intended for the general public and does not require a background in the law of wills or trusts or tax.

October 18, 2014 in Conferences & CLE, Estate Planning - Generally, Wills | Permalink | Comments (1) | TrackBack (0)

Friday, October 17, 2014

The 49th Annual Hecklering Institute on Estate Planning

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The University of Miami School of Law is hosting the 49th Annual Heckerling Institute on Estate Planning from January 12 – 16, 2015 at the Orlando World Center Marriott Resort and Convention Center in Orlando, Florida.  Not only is this conference a great place to network with attorneys, estate planners, charitable giving professionals, and the like, but attendees will also experience quality educational programming:

This year’s Institute offers practical guidance on both the tax and non-tax issues involved in individual and estate planning. In addition to traditional estate planning topics, the program will explore the increasingly important area of income tax planning for individuals, trusts, and estates, and will examine the intersection of income and wealth transfer tax planning. The program also includes extensive coverage of the non-tax topics of timely interest to estate planners, including asset protection, charitable giving, special needs planning, fiduciary administration, and planning with trusts. Attendees can choose to explore a broad range of topics in our general session lectures and afternoon panels, or can customize their educational experience by taking advantage of one of our specialized program tracks.

October 17, 2014 in Conferences & CLE, Estate Planning - Generally, Income Tax | Permalink | Comments (0) | TrackBack (0)

Free Public Webinar: Estate Planning: How to Get Going and Why Not to Do It Yourself,”

RPTEThe American Bar Association Section of Real Property, Trust and Estate Law will present a free public webinar called “Estate Planning: How to Get Going and Why Not to Do It Yourself,” highlighting National Estate Planning Awareness Week, Oct. 19-25. 

What:   “Estate Planning: How to Get Going and Why Not to Do It Yourself” webinar

When:  1 p.m. EDT, Oct. 23, 2014

Where: www.estateplanhelp.org

In the webinar, legal experts will discuss how to get started with estate planning, including wills, powers of attorney and trusts, by providing a set of practical first steps.

Statistical studies show that 55 percent of Americans die without a will or estate plan. In this free program, legal experts will explain why simply signing a will or power of attorney with a “do it yourself” plan may be worse than doing nothing, costing a special needs family member the loss of government benefits or resulting in a former spouse mistakenly inheriting assets. The program is intended for the general public and does not require a background in the law. 

The ABA Section of Real Property, Trust and Estate Law, with more than 20,000 members, is the leading national forum for lawyers practicing in these fields. The Trust and Estate Division is concerned with all aspects of trusts, estate planning, tax planning for estates, employee benefits, insurance, probate and trust litigation, and related issues. The Real Property Division focuses on legal aspects of the ownership, use, development, transfer, regulation, financing, taxation and disposition of real estate.

October 17, 2014 in Conferences & CLE | Permalink | Comments (0) | TrackBack (0)

Thursday, October 16, 2014

Webinar on Domestic Asset Protection Trusts

CLEWealthManagement.com is presenting a webinar entitled, Attacking, Defending and Fortifying Domestic Asset Protection Trusts: A Trustee's Perspective, Wednesday, October 22, 2014, at 2 pm Eastern. Provided below is a description of this webinar:

This session will discuss the critical building blocks and the best ways to structure DAPTs from a trustee's perspective for maximum protection based upon previous cases and existing statutes. The Huber case, along with various other recent cases, will be analyzed and provide for how not to do DAPT planning

The following will also be examined as potential challenges to DAPT planning:

  • Improperly drafted trust
  • Improper titling of trust property
  • Fraudulent conveyances
  • Exception creditors
  • Lack of strong discretionary interest protection
  • Insufficient sites:
    • "Straw man" trustee
    • Jurisdiction issues
  • Privacy issues
  • Trust→Sham/alter ego of settlor
  • Possible constitutional issues
  • Super creditors
  • Bankruptcy

If properly established and maintained, the glass is half full!

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this webinar to my attention.

October 16, 2014 in Conferences & CLE, Trusts | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 15, 2014

CLE on Drafting Estate Planning Documents

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The American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, Drafting Estate Planning Documents: Key Mistakes and How to Avoid Them, on November 6, 2014 from 11:00 a.m. – 12:55 p.m. Eastern, via video webcast.  Here is why you should attend:

Drafting estate documents isn’t just memorializing your client’s wishes, it’s also a way to set the rules when it’s time to administer the document. Will everything go the way you intended when it’s time to execute the document? Will that boilerplate language have unintended consequences? Did you explain the documents in-depth to the client or accidently tell them what they wanted to hear? What you say and do right now will set the tone for the future.

 With personal experiences from her time on both sides of the fence and examples provided by estate and trust administrators, Stacy Singer breaks down mistakes estate planners may make at the drafting stage when engaging with clients, distributing assets, and apportioning tax.

October 15, 2014 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 14, 2014

CLE on Using Lifetime QTIPs

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The American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, Creative Estate Planning Strategies for Using Lifetime QTIPs, on October 22, 2014 from 2:00 – 4:00 p.m. EDT via video webcast.  Here is why you should attend:

Lifetime QTIPs, once used infrequently, are now increasing in popularity as planners realize their benefits. In fact, the lifetime QTIP is perhaps one of the best and most under-utilized estate planning techniques.

Recent income and transfer tax law changes contribute to the utility of lifetime QTIPs, catapulting them into the mainstream for planners. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 and the American Taxpayer Relief Act introduced portability and generally increased the income tax rates relative to the estate tax rates. As a result, inter vivos QTIPs can be used to ensure that higher exclusions of both spouses are used notwithstanding the order of deaths and to achieve better income tax results, but that is just the tip of the iceberg!

Lifetime QTIPs must provide a qualifying interest for life to the beneficiary spouse, notwithstanding the possibility of divorce. The panel will include a recognized expert marital lawyer to sort through the marital law implications that must be considered when establishing a lifetime QTIP.

 

October 14, 2014 in Conferences & CLE, Estate Planning - Generally, Trusts | Permalink | Comments (0) | TrackBack (0)

Monday, October 13, 2014

Webinar on Insurance Trusts

CLEWolters Kluwer, CCH is sponsoring a webinar entitled, Insurance Trusts: Practical Planning and Practice Development Ideas for Lots of Clients, Tuesday, October 28, 2014, at 2 pm Eastern. Provided below is a description of this webinar:

Life insurance trusts have been a key component of estate and financial plans for decades. With the increased importance of income taxes relative to estate taxes, many clients will benefit from the use of grantor trust swap powers, tax free build up inside life insurance policies held by trusts, and the income shifting opportunities these trusts can provide.

Discussion topics include:

  • A practical review of how recent tax law changes and planning conventions have changed
  • How to help clients plan for existing and new irrevocable life insurance trusts (ILIT)
  • How to provide additional planning services to clients in the new tax environment
  • Resources to support with financial and estate planning

***There will be a Q&A Session at the end of the presentation.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this webinar to my attention.

October 13, 2014 in Conferences & CLE, Non-Probate Assets, Trusts | Permalink | Comments (0) | TrackBack (0)

Saturday, October 11, 2014

Call for Papers: Aging, Law, & Society Collaborative Research Network

UPDATE:  The deadline to submit proposals has now passed.

The Aging, Law, and Society Collaborative Research Network (CRN) invites scholars to participate in a multi-event workshop sponsored by the CRN as part of the Law and Society Association’s 2015 Annual Meeting to be held in Seattle, May 28 – May 31, 2015.

The Aging, Law & Society CRN brings together scholars from across disciplines to share research and ideas about the relationship between law and aging, including how the law responds the needs of persons as they age and how law shapes the aging experience. 

At this year’s meeting, the CRN will sponsor two primary types of panels at the annual meeting:  (1) themed panel presentations on topics selected by the programming committee; and (2) workshops in which scholars present works-in-progress and receive commentary from an assigned discussant. 

Accordingly, the CRN encourages paper proposals on a broad range of issues related to law and aging.  However, we especially encourage proposals on the following topics: 

  • Comparative approaches to elder law and old age policy, including guardianship law, estate planning:
  • The interaction between elder law and labor and employment law;
  • Creative and empirical methodologies for studying law and aging;
  • The conference theme:  law’s promises and law’s pathos in domestic and transnational contexts. 

In addition to paper proposals, we also welcome:

  • Ideas and proposals for themed panels:  In particular, please email Nina Kohn at nakohn@law.syr.edu if you are already planning a panel that you would like to have featured as part of the Aging, Law, and Society CRN; and
  • Volunteers to serve as commentators on works-in-progress.  

If you would like to present a paper as part of a the CRN’s programming, please send a 400-500 word abstract, with your name, full contact information, and a paper title to both Nina Kohn (nakohn@law.syr.edu) and Nancy Knauer (nknauer@temple.edu).   Please indicate the stage at which the paper will be, or is expected to be, in May of 2015.  If you wish to present a paper showcasing a research methodology, please send additional copies to Israel Doron (idoron@univ.haifa.ac.il) and Daphna Hacker (dafna@post.tau.ac.il).

October 11, 2014 in Conferences & CLE | Permalink | Comments (0) | TrackBack (0)

Conference on Tax and Estate Planning

CLEThe University of Notre Dame Law School is sponsoring the Fortieth Annual Notre Dame Tax & Estate Planning Institute on November 13-14, 2014. Provided below is the program description:

The 40th Annual Notre Dame Tax and Estate Planning Institute will take place on November 13th and 14th, 2014, in South Bend at the Century Center on the banks of the St. Joseph River in downtown South Bend, Indiana, at 120 South St. Joseph Street. South Bend uses Eastern Time (same as New York City)

The 40th Annual Institute will present topics relevant for all individuals, even those not exposed to the estate tax because of the high exemptions. Several sessions are designed to evaluate financial products and planning techniques so that one can better understand and evaluate these products and proposals in determining not only the tax and financial advantages they offer, but also their limitations. In addition, the Institute offers topics not found in most estate planning CE programs such as protecting the elderly from scams and exploitation. As part of the objective of refreshing areas that can expand one’s practice, a session will review the income tax consequences of debt cancellation, foreclosures, and debt restructuring. Recognizing the importance of the income tax, the Institute will continue to devote sessions to income tax planning techniques clients can use immediately.

October 11, 2014 in Conferences & CLE, Estate Planning - Generally, Estate Tax | Permalink | Comments (0) | TrackBack (0)