Wills, Trusts & Estates Prof Blog

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

Friday, January 8, 2021

Call for papers for Modern Studies in the Law of Trusts and Wealth Management 2021

The following is posted as a courtesy to YIP Man (Associate Professor, Director of Centre for Commercial Law in Asia, Singapore Management University School of Law):

The fourth conference in the “Modern Studies in the Law of Trusts and Wealth Management” series will take place virtually via Zoom on 22-23 July 2021. The daily conference proceedings will take place between: 8 am and 1 pm (UK time); 5 pm and 10 pm (Melbourne/Sydney time); 3 pm and 8 pm (Singapore time).  The 2021 conference will be co-organised by the Centre for Commercial Law in Asia Singapore Management University, the University of York, and the Asian Law Centre Melbourne Law School.

The theme of the conference is “Philanthropy in the Age of Covid-19: Asian and Global Perspectives”. The conference will focus on current developments and challenges facing the philanthropic sphere in the contemporary political and socio-economic climate, with particular emphasis on the unprecedented challenges brought about by the global COVID-19 pandemic and the urgent need for Governments, charities and NGOs to step up to fill the growing needs of the most vulnerable members of society.  The conveners of the conference (Richard Nolan (York), Tang Hang Wu (SMU), Yip Man (SMU) and Ying Liew (Melbourne)) plan to publish a selection of the papers presented at the conferences. 

If you would like to offer a paper, please submit a working title and an abstract (of no more than 1500 words) by 28 February 2021 by email to Yip Man (manyip@smu.edu.sg) and Ying Liew (ying.liew@unimelb.edu.au).  The conference conveners are particularly keen to hear from Asian, women and young scholars in the field. Acceptance will be on a rolling basis and the conference conveners will be grateful for early submissions. There are no speaker registration fees for this conference.

January 8, 2021 in Conferences & CLE, Trusts | Permalink | Comments (0)

Monday, December 21, 2020

Webinar: Understanding the IRA Distribution Rules under the Secure Act: Includes Practitioner Issues and IRS Compliance Issues

A webinar program entitled, Understanding the IRA Distribution Rules under the Secure Act: Includes Practitioner Issues and IRS Compliance Issues will be held on December 30, 2020 from 1:00 PM ET to 2:30 PM EST. You can register by clicking on the link above. Provided below is more information on the program. Estate planning

Many taxpayers have accumulated a considerable amount of assets in their retirement accounts. These assets may be in their 401(k), another type of qualified plan, a 403(b) arrangement, a 457 governmental plan, a traditional IRA and a Roth IRA. Estate and income tax planning are more important than ever, especially under the Secure Act, when advising a client that has substantial retirement type assets. This program covers many of the rules that you need to know when implementing an estate plan for the client that has substantial retirement assets. IRS Compliance is now a major issue in retirement distribution planning for IRA owners and IRA beneficiaries. 

The Secure Act has many deadline rules that have to be tracked in order to avoid IRS penalties. You must become familiar with these deadlines. In addition, unintended beneficiaries of retirement accounts must be avoided. In his exclusive LISI Webinar, Seymour Goldberg will review the following topics:

  • Common errors in retirement distribution planning
  • Roth IRA taxing issues: Failure to list basis of Roth IRA account on Schedule A of Form 8971 (no exception provided for under the proposed regulations)
  • Why many beneficiary forms are defective
  • Unintended beneficiaries of retirement accounts
  • Customized sample beneficiary forms
  • Advantages of a Trust as the beneficiary of an IRA
  • Disadvantages of a Trust as the beneficiary of an IRA
  • Statute of limitation issues involving IRA penalties
  • Comment letter to IRS and Treasury regarding post-death Roth IRA distributions to trusts. Comment letter discusses lack of adequate disclosure that may trigger an IRS examination of the trust return
  • And much more

SEYMOUR GOLDBERG, CPA, MBA (Taxation), JD, is a senior partner in the law firm of Goldberg & Goldberg, P.C., Melville, New York. Professor Emeritus of Law and Taxation at Long Island University. Former Director of the Tax Institute of the C.W. Post Campus of Long Island University. Recipient of the American Jurisprudence Award in Federal Estate and Gift Taxation from St. John’s University School of Law. CLE instructor for many professional organizations including the New York State Bar Association, American Bar Association, NJICLE, City Bar Center for CLE, local bar associations and law schools. Mr. Goldberg is admitted to practice law in New York State. Authored 4 manuals for the American Bar Association on IRAs and on Trusts. His American Bar Association manual entitled “Can You Trust Your Trust” can be found on Amazon. Mr. Goldberg handles probate matters, tax disputes with the IRS and the IRS appeals office, IRA penalty waivers and New York State Department of Taxation tax disputes. Represents clients in IRS ruling requests (over 75). Wrote an amicus brief in the 2014 inherited IRA Supreme Court Case, Clark v. Rameker. His manuals for the American Bar Association can be found in over 100 law school libraries throughout the United States. He is a member of the Relations with the IRS Committee of the New York State Society of Certified Public Accountants. He was formerly associated with the Internal Revenue Service. Mr. Goldberg has conducted continuing education courses with the IRS on the retirement distribution rules. He has recommended corrections to IRS Publication 590 working pro bono with the IRS and then Congressman Steve Israel. This resulted in IRS revisions and the adoption of IRS Publication 590-A and IRS Publication 590-B. He is the recipient of Outstanding Discussion Leader Awards from both the AICPA and the Foundation for Accounting Education. He has conducted well over 300 CPE programs in the field of taxation including over 100 CPE programs involving IRAs and IRA Compliance issues. Mr. Goldberg has been quoted in the New York Times, Forbes, Fortune, Money Magazine, U.S. News & World Report, Business Week and the Wall Street Journal. He has also been interviewed on CNN, CNBC and WCBS. 

December 21, 2020 in Conferences & CLE, Current Affairs, Estate Planning - Generally | Permalink | Comments (0)

Thursday, November 19, 2020

Call for Participation -- Trusts & Estates Collaborative Research Network of Law and Society Association

The below announcement is posted as a courtesy for Prof. Bridget Crawford of the Pace University School of Law:

CFP: Trusts & Estates Collaborative Research Network of Law and Society Association
Trusts & Estates Collaborative Research Network
Law and Society Association Annual Meeting
Chicago, Illinois (& Virtual), May 27-30, 2021

Call for Participation – Deadline December 31, 2020 11:59 PM ET(USA)

Submission Link: here 

The Trusts & Estates Collaborative Research invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions such as Author Meets Reader, Salon, or Roundtable discussions that explore any aspect of the law, practice or effects of trusts, equity, and estates, broadly defined. We also seek volunteers to serve as Chairs and/or Discussants for paper panels. Successful proposals likely will bear in some way on succession (also referred to as inheritance), equity, and/or wealth transfers (whether at death or during lifetime, outright or in trust). Subjects of inquiry may involve any aspect of government or social policy with respect to trusts, estates, inheritance, wealth transfer, equity or courts with jurisdiction over these issues.

If you would like to present an individual paper as part of a Trusts and Estates CRN panel, submit an idea for a fully-formed panel, or propose an Author Meets Reader, Salon or Roundtable session, please  submit your proposal by December 30, 2020 at 11:59 p.m. Eastern (USA) via the LSA submission page here: https://lawandsociety.site-ym.com/page/CallforSubmissionsLSA2021 

When you submit your proposal, please indicate that it is for CRN #56 Trusts and Estates. 

If you would like to volunteer as a chair or discussant, please email Bridget Crawford (bcrawford [at] law.pace.edu).

The CRN will organize submitted papers into panels with cohesive themes. You are welcome to link your paper in some way to the 2021 conference theme, “Crisis, Healing, Re-Imagining,” but there is no requirement to do so.

Our goal is to stimulate focused discussion of papers on which scholars are currently working and to discuss topics of current and common interest to those working in the fields of Trusts & Estates and Equity, broadly defined, both in the United States and internationally.  We welcome participation from scholars of any level of seniority working in any discipline, language, or country.  Although you may submit an individual proposal to present a paper that is closer to publication, we are especially interested in receiving proposals for works-in-progress that will benefit from discussion that the panels will provide.

We welcome participation of junior scholars, those who are untenured or in non-tenured positions, clinical and legal writing specialists, doctrinal teachers, advanced graduate students, as well as more experienced scholars. Scholars from around the world are warmly encouraged to apply; we welcome participation of colleagues from all nations.

Participants are encouraged to apply multi-disciplinary and interdisciplinary approaches in their scholarship. Possible areas of inquiry might include issues related to transfer of wealth between spouses or family members; preferences created for certain types of transfers or transfers to particular classes of individuals; the transfer of wealth to charities or non-profit organizations; generational equity; issues of social and economic inequality; comparative aspects of the law of succession and the law of trusts more broadly; the relationship between/among gender, race, sexual orientation, socioeconomic class, immigration, language status, disability and the law of succession and the law of trusts; the socio-linguistics of testation and wealth transfer; access to estate planning justice for low- and middle-income individuals; questions of cultural or group inheritance rights; and similar issues.

Please note that LSA rules limit you to one conference participation as a Paper Presenter, Roundtable Participant, Author or Salon Presenter.  There are no caps on appearances as Chair and/or Discussant on a panel.

We will attempt to accommodate all who are interested in participating in the CRN’s programming.

If you have any questions, you are welcome to contact CRN chair Bridget Crawford (bcrawford [at] law.pace.edu).

November 19, 2020 in Conferences & CLE | Permalink | Comments (0)

Wednesday, July 29, 2020

46th Annual Notre Dame Tax & Estate Planning Institute

Notre_Dame_46Here is information I received about the 46th Annual Notre Dame Tax & Estate Planning Institute:

Due to the uncertainty as to how COVID-19 will affect travel this fall, the 46th Annual Notre Dame Tax & Estate Planning Institute will be delivered exclusively online via Zoom on its originally scheduled dates, October 29 and 30, 2020 (with a bonus session the evening of the 28th).  This virtual format (including our popular dual-track approach) will allow you to participate online in real time with the speakers, including opportunities for Q&A, and will be structured to qualify for continuing education credit to the extent allowed by the respective accrediting agencies. As an added bonus, we plan to record videos of all the sessions and your registration fee will include online access to these recordings for later viewing at your convenience (enabling you, for example, to view the dual-track sessions that you don’t attend “live”)

This year's brochure is available here: Download Notre_Dame_46_Brochure.  If you have not yet registered, you can register online now.   

We hope that this virtual format will be of benefit to the many hundreds of you who regularly rely on the Institute and will also enable many additional estate planning professionals, who might not otherwise have had the chance to attend the Institute in person, to engage with and benefit from the Institute this year. We look forward to seeing all of you online in October and, we hope, in person in South Bend in 2021.

            Jerome M. Hesch
            Director
            46th Annual Notre Dame Tax and Estate Planning Institute

Please direct all inquiries, questions, and concerns to:
Notre Dame Conference Center
conferences@nd.edu

July 29, 2020 in Conferences & CLE | Permalink | Comments (0)

Thursday, July 9, 2020

Trying Times: Conservation Easements and Federal Tax Law 2020

Trying Times: Conservation Easements and Federal Tax Law 2020

Online Program – Friday, July 17, 2020

11:00am-2:10pm EST/10:00am-1:10pm CST/9:00am-12:10pm MST/8am-11:10pm PST

This three-hour program will address the latest case law and IRS guidance impacting conservation easements. Experts will offer practical advice to land trust staff and board members, government employees, attorneys, appraisers, and landowners. Attendees will have the opportunity to hear the IRS’s perspective and ask questions of a diverse group of panelists who collectively have almost 200 years of experience with conservation easements and tax incentives. Extra time will be devoted to Q&A.

Learn More »

 

Panelists

·     Karin Gross, Special Counsel, IRS Office of Chief Counsel, Washington D.C.

·     Stephen J. Small, Esq., Law Office of Stephen J. Small, Esq., P.C., Newton, Massachusetts

·     Mark Weston, Consulting appraiser, former AQB Certified USPAP Instructor, and former Director, Colorado Division of Conservation

·     Nancy A. McLaughlin, Robert W. Swenson Professor of Law, University of Utah S.J. Quinney College of Law

·     Wendy Fisher, Executive Director, Utah Open Lands

·     Jeanie McIntyre, President, Upper Valley Land Trust

Register online by 5pm PT, July 15, 2020 >>

$30 – General Public

$10 – Students

3.0 hours Utah CLE (pending). Utah online attendees will need to apply for self-study CLE credits. For CLE in other states, attendees should apply directly to the relevant state bar.

Although the event will take place next Friday, July 17th, if someone has a conflict on the 17th, a recording of the program will be made available for a period of time after the event to those who register by July 15th.

This program is a special installment of Utah Open Lands’ Gaining Ground Seminars, in partnership with University of Utah S.J. Quinney College of Law.

Sponsored by the Cultural Vision Fund and in cooperation with the Wallace Stegner Center.

July 9, 2020 in Conferences & CLE | Permalink | Comments (0)

Thursday, June 18, 2020

ALI CLE Estate Planning in Depth Webinars

EPinDepthBelow is information about next week's ALI CLE webinar:

Estate Planning in Depth A

Thursday, June 25
9:00 a.m. - 12:10 p.m. EDT
 
9:00 - 10:00 a.m.

Hot Topics in Charitable Giving — Lawrence P. Katzenstein

10:05 - 11:05 a.m.

IRA Planning & SECURE Act — Svetlana Bekman

11:10 a.m. - 12:10 p.m.

Electronic Wills and Digital Assets — Suzanne Brown Walsh

Estate Planning in Depth B

Friday, June 26
9:00 a.m. - 12:10 p.m. EDT
 
9:00 - 10:00 a.m.

State Income Tax Planning — David A. Berek and Jane Ditelberg

10:05 - 11:05 a.m.

Pot Trusts and Trustee Discretion — Bruce Stone

11:10 a.m. - 12:10 p.m.

Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices (ethics) — Gerry W. Beyer

June 18, 2020 in Conferences & CLE | Permalink | Comments (0)

Monday, June 1, 2020

46th Annual Notre Dame Tax & Estate Planning Institute

Notre_DameThe message below is from Jerome M. Hesch, Director of the 46th Annual Notre Dame Tax & Estate Planning Institute

We are writing to share the good news that the 46th Annual Notre Dame Tax & Estate Planning Institute will take place (albeit in modified, virtual form) on its originally scheduled dates, October 29 and 30, 2020.  We have lined up an impressive panel of speakers who will, as always, address a broad range of topics (including current developments arising from the ongoing COVID-19 situation) that will be of use to you and your clients.  

Given the uncertainty as to how COVID-19 will impact gatherings and travel in October, we will not be meeting in-person in South Bend this year.  Instead, we plan to deliver the Institute to you in a virtual format with live, online presentations (including our popular dual-track approach) throughout the day on Thursday, October 29, and Friday, October 30. 

This virtual format will allow you to participate online in real time with the speakers, including opportunities for Q&A, and will be structured to qualify for continuing education credit to the extent allowed by the respective accrediting agencies.  As an added bonus, we plan to record videos of all the sessions and your registration fee will include online access to these recordings for later viewing at your convenience.

While we will miss seeing you in person this year and facilitating the camaraderie that is associated with the Institute, we are pleased to be able to provide you with the information and knowledge that so many of you have to come to rely on.  We also hope that this virtual format will enable many estate planning professionals, who might not otherwise have had the chance to attend the Institute in person, to engage with and benefit from the Institute this year.

We will notify you regarding registration procedures and other details when they are available.   We greatly appreciate your past participation in the Notre Dame Tax & Estate Planning Institute, and we look forward to seeing you (virtually) on October 29 and 30, 2020.

June 1, 2020 in Conferences & CLE | Permalink | Comments (0)

CLE on Advanced Estate Planning Practice Update

The American Law Institute is holding an audio webcast entitled, Advanced Estate Planning Practice Update, on Thursday, June 18, 2020 at 12:00-2:00 p.m. Eastern. Provided below is a description of the event. image from lawprofessors.typepad.com

Why You Should Attend

Now it its 25th year, this popular, advanced program covers significant recent developments and how they affect estate planning practice. Featuring a nationally renowned faculty of estate planning lawyers, as well as Professor Jeffrey N. Pennell, this webcast is designed for sophisticated practitioners who need to stay up-to-date on changes in the field!

What You Will Learn 

This unique program captures late-breaking important opinions and legislative and regulatory developments, as determined by the faculty at the time of the presentation. Anticipated topics to be addressed include:

  • 15 recent federal and state court decisions on a variety of issues, including estate tax and gift tax valuations, asset protection, no contest provisions, fiduciary liability, and more
  • Charitable aspects and planning elements of the CARES Act
  • Proposed §67(e) regulations PLR 202016002-006: §§2519 & 2044
  • Planning in times of ultra-low interest and low valuations, including GST exemption planning

In addition to superb teaching, a favorite feature of past registrants is the comprehensive outline that all registrants get ahead of the program. It provides summaries written by the faculty on every topic discussed during the program, in the order in which it is addressed!

Who Should Attend

Experienced estate planning attorneys, trust administrators, and financial and tax professionals who provide guidance and strategies for transferring wealth and reducing estate taxes should attend this valuable webcast.

June 1, 2020 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Monday, May 18, 2020

CLE on Estate Planning Strategies in an Era of Low Interest Rates and Volatile Markets

CLEThe American Law Institute is holding a webcast entitled, Estate Planning Strategies in an Era of Low Interest Rates and Volatile Markets, on Wednesday, June 3, 2020 at 1:00 - 2:00 p.m. Eastern. Provided below is a description of the event.

Why You Should Attend

While the pandemic has brought our economy to its knees, the resulting bear market of depressed asset valuations and record-low interest rates provides some incredible estate planning opportunities designed to take advantage of this kind of environment. This one hour webcast, taught by two highly experienced practitioners, will explore specific strategies available during a market decline that may help to reduce potential estate taxes and fulfill your clients’ estate planning goals, including the use of trusts, notes, gifts, and charitable giving.

What You Will Learn

Topics include:

• Grantor retained annuity trusts (GRATs), including GRATs as gifts and buying back assets from depressed or appreciated GRATs

• Charitable lead annuity trusts

• 2020 valuations

• Low interest notes and sales

• Refinancing notes

• Charitable giving

• Gifts of depressed assets

• Disclaimers as a hedge

• Why high volatility means higher discounts

• Spreading out transfers of gifts, GRATs, and sales


All registrants will receive a set of downloadable course materials to accompany the program.

Who Should Attend

All estate planners and financial advisors will benefit from listening to this webcast on estate planning strategies with low interest rates and unstable financial markets.

May 18, 2020 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Friday, May 1, 2020

Call For Papers: AALS Intersectionality, Aging, and the Law

AALSCall For Papers: AALS Section On Aging 2021 Annual Meeting program, co-sponsored by the Sections on Civil Rights, Disability Law, Family & Juvenile Law, Minority Groups, Poverty, Sexual Orientation and Gender Identity Issues, Trusts and Estates, and Women in Legal Education  

 Intersectionality, Aging, and the Law

The AALS Section on Aging will focus its 2021 annual meeting program on intersectionality and aging.  We are interested in participants who will address this subject from numerous perspectives. Potential topics include gray divorce, incarceration, elder abuse (physical or financial), disparities in wealth, health, housing, and planning based on race or gender or gender identity, age and disability discrimination, and other topics.  The conception of the program is broad, and we are exploring publication options.

If you are interested in participating, please send a 400-600 word description of what you'd like to discuss.  Submissions should be sent to Professor Naomi Cahn, ncahn@law.gwu.edu, by June 2, 2020, and the author[s] of the selected paper(s) will be notified by July 1, 2020.  

The Call for Paper presenters will be responsible for paying their registration fee and hotel and travel expenses.  Please note that AALS anticipates that the Annual Meeting will go forward (https://am.aals.org/), and the theme is The Power of Words.

May 1, 2020 in Conferences & CLE, Scholarship | Permalink | Comments (0)