Wills, Trusts & Estates Prof Blog

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

A Member of the Law Professor Blogs Network

Saturday, August 30, 2014

CLE on 2014 Joint Fall CLE Meeting

CLEThe ABA Section of Taxation is offering the 2014 Joint Fall CLE Meeting, September 18-20, 2014, at the Sheraton Denver Downtown Hotel in Denver, Colorado. Registration and fees are due by September 11, 2014. Here is why you should attend:

Join us and take advantage of the opportunity to meet with the country’s leading attorneys and government officials to discuss the latest federal tax policies, initiatives, regulations, legislative forecasts and planning ideas. In addition, you will have the opportunity to earn valuable CLE and ethics credits and network with Tax Section and Trust and Estate Division members and government guests. The Sheraton Downtown will serve as the host hotel.

August 30, 2014 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Friday, August 29, 2014

CLE on Domestic Asset Protection Trust Planning

CLEThe ABA Section of Real Property, Trust and Estate Law is presenting an eCLE series entitled, Domestic Asset Protection Trust Planning: Jurisdiction Selection Series. The series includes five webinars, each focusing on asset protection laws in a group of states. The first of the series is Tuesday, October 14, 2014, 12:00 – 1:30 p.m. CT.  Here is why you should attend:

There's No Place Like Home - Domestic Self-Settled Asset Protection Trusts and Inter Vivos QTIP Trusts: Why Do Them and Where To Go When You Do

Effective July 1, 2014, Mississippi became the 15th state to permit the creation of full blown self-settled asset protection trusts. Besides the 15, at least 10 other states allow some form of an asset protection trust, including inter vivos QTIP trusts. The proliferation of domestic asset protection trusts leaves attorneys inquiring about the laws in each asset protection state and the benefits of creating such a trust in one state versus another. Other frequently asked questions include:

  • What is an inter vivos QTIP trust and how can it help my clients?
  • Will domestic self-settled asset protection trusts benefit my clients?
  • Do the costs of creating a trust in one state for creditor protection or taxation benefits really outweigh the creation of such a trust in another?
  • Is the trust really protected from creditors?
  • Can the trust be used to avoid the income tax in the grantor's state of residence?
  • Can a same sex couple benefit from the use of these trusts?
  • Is using an offshore trust better?

These are just some of the questions that will be answered over the course of five eCLE webinars addressing some of the full blown domestic self-settled asset protection trust statutes and inter vivos QTIP trust statutes.

Session 1:

Delaware, Ohio, Mississippi, North Carolina

Tuesday, October 14, 2014

Speakers: Michael Gordon, J. Aaron Byrd, Michael Stegman, Gray Edmondson, and Scott “Rust” Trippett

Session 2:

Florida, Texas, Tennessee

Tuesday, December 9, 2014

Speakers: Jonathan Gopman, Michael Sneeringer, Elizabeth Morgan, Rick Travis, and Wick Ruling

 Session 3:

Alaska, South Carolina, Wyoming, Oklahoma

Tuesday, February 10, 2015

Speakers: Brandon Cintula, Doug Blattmachr, Dan Collins, Greg Dyekman, and Rod Yancy

 Session 4:

Arizona, Maryland, Nevada, New Hampshire

Tuesday, April 14, 2015

Speakers: Philip R. Rupprecht, Fred Franke, Julia Gold, and Todd Mayo

 Session 5:

South Dakota, Utah, Kentucky

Tuesday, June 9, 2015

Speakers: Al King, Rust Tippett, Mary Beth Anderson, and Walter Morris

August 29, 2014 in Conferences & CLE, Estate Planning - Generally, Non-Probate Assets, Trusts | Permalink | Comments (0) | TrackBack (0)

Saturday, August 16, 2014

CLE on When a Revocable Trust Becomes Irrevocable

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American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, When a Revocable Trust Becomes Irrevocable: Dealing with the Trust Administration Issues Following a Grantor’s Death, on Aug. 29, 2014 from 12:00 – 1:30 PM ET, available via telephone seminar or audio webcast.  Here is why you should attend:

When a grantor dies, a number of trust administration issue arise-- some that could have been handled during the drafting phase, others that are totally unexpected. Understanding what should be done at the drafting phase to anticipate and eliminate issues, as well as what the administration challenges will be when those drafting tips are not implemented, is the focus of this fast-paced program.

August 16, 2014 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Trusts | Permalink | Comments (0) | TrackBack (0)

Friday, August 15, 2014

CLE on Special Needs Trusts

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The American Bar Association is holding a Continuing Legal Education (CLE) program entitled, Special Needs Trusts: An Introduction to What, Why, When, Who and How, on September 17, 2014 from 1:00 – 2:30 PM Eastern, via webinar.  Here is why you should attend:

A panel of nationally recognized attorneys in the area of disability planning will present an overview of special needs trusts (SNTs).  Topics will include an explanation of the three types of special needs trusts, along with a discussion of when—and which type of—an SNT should be considered for a person with a disability.  A summary of federal and state law and regulations affecting drafting of SNTs and the interpretation by the Social Security Administration, state Medicaid agencies, Department of Housing and Urban Development and other sources of government benefits for persons with disabilities will be addressed, along with the types of items and services an SNT can provide, considerations in choosing a Trustee and where to locate experienced attorneys to prepare SNTs and advise on administration.

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

Friday, August 1, 2014

CLE on Protection of IRA & Qualified Plan Asssets

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The American Bar Association section of Real Property, Trust and Estate Law is holding a CLE entitled, Protection of IRA & Qualified Plan Assets After Clark v. Rameker, on August 19, 2014 from 1:00 – 2:30 PM CT via webinar.  Here is why you should attend:

Retirement plan assets have become a major factor in the USA, amounting to approximately $23trillion as of December 31, 2013. Individual Retirement Accounts (IRA) were some $6.5trillion of that total, and have been looked upon as a tool for closing out many company and government sponsored retirement accounts. Many estate plans use IRA accounts as an integral part of succession planning.

On June 12, 2014 the U.S. Supreme Court unanimously ruled in Clark v. Rameker that an inherited IRA is not exempt from claims of creditors under the Bankruptcy Code provisions that generally exempt "retirement funds" from claims of creditors. The effects of this decision are complex and may reach beyond "inherited IRAs."  During this presentation our panel will discuss the ramifications of this decision and offer thoughts about the opinion and alternate techniques to protect inherited IRAs and other retirement benefits from creditors' claims.

August 1, 2014 in Conferences & CLE, Estate Planning - Generally, New Cases, Non-Probate Assets | Permalink | Comments (0) | TrackBack (0)

Sunday, July 27, 2014

eLearning Program on Pre-Mortem Planning

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The American Bar Association is holding a Paralegal eLearning Program entitled, Immediate Pre-Mortem Planning, on August 14, 2014 from 12:30 – 1:30 PM CT via webinar.  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 2014 program 'Til Death Do We Part - Estate Planning During Client's Lifetime. This program is co-sponsored by the ABA Standing Committee on Paralegals.

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. The program includes ten 60-minute webinar sessions, and attendees can register for the entire series or individual sessions. Those who sign-up for the entire series after it begins will be registered for the remaining webinar sessions and receive recordings of the sessions that have already occurred.

July 27, 2014 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Sunday, July 20, 2014

CLE on International Trust and Estate Planning

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The American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, International Trust and Estate Planning, on October 20-21 in San Francisco, CA.  Here is why you should attend:

If you provide tax and trust advice to U.S. clients with international connections or to foreign clients with U.S. connections (or you don’t currently counsel such clients, but wish to start doing so), you must attend this program! 

Set in San Francisco, International Trust and Estate Planning comprises more than 13 hours of instruction, including two hours of ethics, and gives attendees the tools they need to not only stay competitive, but also to practically advise clients on rapidly-changing legislative, regulatory, and enforcement developments in this complex area. 

An all-star faculty – including a representative of the Internal Revenue Service who addresses current offshore compliance and enforcement initiatives – examines the practical application of the complex U.S. income, gift, and estate tax rules affecting noncitizens living or investing in the U.S., or U.S. clients with foreign property, foreign financial accounts, interests in foreign entities, or who are beneficiaries of foreign trusts or trust-like vehicles. The course also includes segments focusing on country-specific developments outside the U.S., and multi-national initiatives related to tax compliance, bank secrecy, and the prevention of money laundering.         

In addition to the critical substantive information presented through an engaging, interactive format, registrants have the unique opportunity to discuss their legal questions and network with faculty members and attendees from around the world.

July 20, 2014 in Conferences & CLE, Estate Planning - Generally, Travel, Trusts | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 15, 2014

CLE on State Statutes to Delay Notification of a Trust

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The American Law Institute Continuing Legal Education (ALI CLE) is holding a CLE entitled, The Silent Trust: Using State Statutes to Delay Notification of a Trust, on July 30, 2014 from 1:00 – 2:00 PM Eastern, available via telephone seminar or audio webcast.  Here is why you should attend:

Do you have a client concerned about who is the beneficiary of a trust? Most state laws impose a requirement on trustees to keep current beneficiaries of a trust reasonably apprised of their beneficial interests. This can be concerning to many grantors, particularly with respect to younger beneficiaries. Grantors fear that a beneficiary’s knowledge of the wealth in the trust can result in a disincentive for the beneficiary to achieve his/her own success.

The creation of the “silent trust” changes this dynamic by eliminating a trustee’s duty to inform beneficiaries of the existence of a trust for a period of time. Join us at this all-new CLE program on silent trusts for a practical, in-depth examination of silent trusts and their special considerations.

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

Saturday, July 12, 2014

CLE on Managing the Art Portfolio

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The American Bar Association is holding a CLE entitled, Proactive Estate Planning: Managing the Art Portfolio to Maximize Value and Legacy, on July 17, 2014, 1:00 PM – 2:30 PM ET via webinar.  Here is why you should attend:

Join an esteemed art lawyer and renowned conservator as they:

    • Consider how security, revenue exploitation, intellectual property audits, licensing, archival maintenance, periodic condition analysis, and reports factor into the estate plan
    • Discuss environmental and relevant conditions to sustain asset value
    • Review the ethics of art portfolio management under museum, legal and conservation guidelines

Take a proactive approach to managing the art and antiques portfolio of the estate plan. Art, antiques, and furnishings are part of the investment portfolio, which are overlooked or inadequately managed during the lifetime of the testator and afterward. What are the benefits? Increasing values of art, antiques, and decorative arts in the market place; complexity of intellectual property rights in artworks, especially copyright and the licensing market potential of art; repatriation claims for antiquities; and conserving the art assets in accordance with industry standards to sustain market value and protect the integrity of the objects are all part of today’s art estate asset management.

July 12, 2014 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Friday, July 11, 2014

CLE on Reproductive Technology Law & Estate Planning

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The American Bar Association is holding a CLE entitled, ART Law: The Intersection of Reproductive Technology Law with Family Law & Estate Planning, on July 23, 2014 at 12:00 PM – 1:30 PM Eastern via webinar.  Here is why you should attend:

Assisted Reproductive Technology (ART) law is not the niche practice most attorneys believe it to be. Understanding ART issues is vital for family law and estate planning attorneys. Join our expert faculty for a discussion that will:

    • Create the necessary awareness for you to inquire about—and properly address—ART issues in your everyday practice

Most attorneys consider the practice of assisted reproductive technology (ART) law to be a specialized niche practice reserved for the few attorneys expert in surrogacy and gamete donation law. The reality is that most mainstream attorneys are already (or should be) practicing ART law in their otherwise routine law practices. An estimated 8.1 million U.S. citizens experience infertility and participate in some sort of assisted reproduction. These same clients populate the offices of family and estate planning attorneys with ART issues that most of those attorneys are not familiar with and of which they are not even aware. 

The risk of remaining unaware is possible malpractice. This webinar will create the necessary awareness for all family law and estate planning attorneys to inquire about—and properly address—ART issues in their everyday practices.

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