Wills, Trusts & Estates Prof Blog

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

Monday, October 7, 2019

CLE on Changing/Repurposing Old Trusts to Work Under the New Tax Rules

CLEThe National Business Institute is holding a webcast entitled, Changing/Repurposing Old Trusts to Work Under the New Tax Rules, on Monday, October 21, 2019 from 10:00 AM - 5:00 PM Central. Provided below is a description of the event.

Program Description

Learn How and When to Modify a Trust

New tax rules are in effect, and your clients may be wondering what impact these major changes have had on their trusts. Whether to qualify for government benefits, minimize tax exposure or to take advantage of new incentives, there may be good reason to amend or restructure the trust. Do you have the knowledge and skills you need to make this happen? Our experienced faculty will walk you through the legal process of modifying a trust, offering solutions to specific trust issues in the new tax law and equipping you with the tools you'll need to respond to future changes. Register today!

    • Help your clients identify when a trust should be modified.
    • Understand who has the legal authority to make a change to the trust.
    • Gain insight into the legal process involved with modifying an existing trust.
    • Determine what to do with old credit shelter trusts.
    • Learn how to build modification provisions into the trust and receive other helpful drafting tips.
    • Discover what has changed as a result of the new tax rules, what stayed the same, and what still works.

Who Should Attend

This course is designed for attorneys. It will also benefit financial planners, accountants and CPAs, tax preparers, trust officers, and paralegals.

Course Content

    • What Still Works
    • When Should the Irrevocable Trust be Modified?
    • Mechanisms for Making the Change
    • What to Do With Old Credit Shelter Trusts
    • Specific Solutions to New Trust Tax Problems and Opportunities
    • Qualifying Trusts for the New Pass-Through Entity Deduction
    • Drafting for Flexibility to Respond to Future Tax Law Changes
    • Legal Ethics

October 7, 2019 in Conferences & CLE, Current Affairs, Disability Planning - Property Management, Estate Administration, Estate Planning - Generally, New Legislation, Trusts | Permalink | Comments (0)

Thursday, October 3, 2019

CLE on 45th Annual Trust and Estate Conference at USC Gould School of Law

CLEThe University of Southern California Gould School of Law is holding a conference entitled, 45th Annual Trust and Estate Conference, on Friday, November 22, 2019 at The Westin Bonaventure Hotel in Los Angeles, California. Provided below is a description of the event.

why attend?

High-Quality Education

For over 40 years, USC Gould’s Trust and Estate Conference has provided high-quality continuing education customized for trust, estate planning, probate and elder law professionals.

Practical and Realistic Solutions

The Conference has a proven track record of teaching practical and realistic solutions to everyday and unexpected problems in estate planning, trust administration, probate, trust and estate litigation, elder law and client relationships. Speakers often share “howto” techniques and forms used in their practices.

Unrivaled Networking

Over 500 of your peers registered for the Conference last year for an unrivaled networking and learning opportunity from both the speakers and your professional colleagues.

who should attend?

The Conference is specially tailored for trust, estate planning, probate and elder law professionals including attorneys, paralegals, trust officers, accountants, financial institution executives, private professional fiduciaries, wealth management professionals, fiduciary officers, underwriters and insurance advisors.

what’s included?

Registration includes all sessions, continental breakfast, networking breaks, luncheon presentation, continuing education credit, and print and downloadable copies of the practical Conference Syllabus including the popular Resource Guide, a Trust and Estate Professional Directory covering Los Angeles, Orange and San Diego counties.

Free WiFi and an Event App will also be available for attendees at the Conference!

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

October 3, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Estate Tax, Generation-Skipping Transfer Tax, Gift Tax, New Cases, New Legislation, Non-Probate Assets, Trusts, Wills | Permalink | Comments (0)

Sunday, September 29, 2019

CLE on Medicaid: Maximizing Excluded Assets

CLEThe National Business Institute is holding a webcast entitled, Medicaid: Maximizing Excluded Assets, on Wednesday, November 6, 2019 at 9:00 AM - 4:00 PM Central. Provided below is a description of the event.

Effective Approaches to Medicaid Eligibility Planning
Satisfying the spenddown requirement to ensure your client qualifies for Medicaid is a tough balancing act. One of the most effective levers in this planning is to maximize excluded assets. This practical guide will give you the knowledge and skills you'll need to ensure your clients use all the tactics at their disposal to qualify for Medicaid as early as needed, without excessive burden on their families. From simple approaches like gifting to the more complex Medicaid trusts - learn what works and get sample documents to ensure all your approaches are implemented impeccably. Register today!

 

    • Get an updated overview of Medicaid resource and transfer eligibility.
    • Evaluate common planning techniques and when they are most (and least) effective.
    • Maximize purchase and prepayment methods without undue hardship for your clients.
    • Save drafting time with sample Medicaid trust provisions.
    • Review the application and appeals process to ensure compliance and maximize chances of success.
    • Gain effective asset transfer tactics when time is of the essence.

Who Should Attend

This Medicaid legal guide is designed for attorneys. It will also benefit accountants and paralegals.

Course Content

    • Medicaid Asset Eligibility: Commonly Overlooked Excluded Assets
    • Purchasing Excluded Assets, Prepayment of Future Expenses, and Converting Countable Assets: Top Tips and Techniques
    • Anticipating the Tax Consequences of Medicaid Planning
    • Addressing Assets in Application, Appeals, and Fair Hearings Process
    • Coordination with Other Asset-Based Benefits Eligibility
    • Using Trusts to Maximize Excluded Assets
    • Asset Transfers in Crisis Planning
    • Can You Prove to Medicaid that an Asset Transfer Should NOT be Penalized?
    • Legal Ethics in Medicaid Planning

September 29, 2019 in Conferences & CLE, Current Events, Disability Planning - Health Care, Disability Planning - Property Management, Estate Administration, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Tuesday, September 17, 2019

CLE on Probate Process, Procedures and Documents: All the Forms and Checklists in One Place

CLEThe National Business Institute is holding a webcast entitled, Probate Process, Procedures and Documents: All the Forms and Checklists in One, on Tuesday, October 15, 2019 at 9:00 AM - 4:00 PM Central. Provided below is a description of the event.

Navigate Probate with Confidence

When the client is no longer there to make his or her voice heard, the task of interpreting his/her wishes to accurately settle the estate falls on your shoulders. Do you have all the tools you will need? This program will provide you with a comprehensive overview of the probate process, equipping you with the checklists, forms and documents you will need to guide your clients through each time-sensitive procedure. Learn what to do and when to do it, from the initial petition to the final accounting. Register today!

    • Don't miss a step - learn how to map out the entire probate process by utilizing a master checklist.
    • Examine the essential content of the initial petition and understand the procedure for filing it.
    • Receive practical tips on valuing and recording assets to be included in the estate inventory.
    • Handle creditor notices and responses.
    • Understand key provisions of trusts and their impact on the probate process.
    • Learn what must be included in the final accounting and review sample tax returns.

Who Should Attend

This program is designed for attorneys. It will also benefit accountants and CPAs, trust officers, and paralegals.

Course Content

    • Probate Process and Executor Duties: The Master Checklist with Deadlines
    • Wills: Key Provisions, Validity, Interpreting Unique Instructions
    • Initial Petition and Letters of Authority: Content and Procedure
    • Estate Inventory: Valuing and Recording Assets
    • Creditor Notices and Responses
    • Trusts: Key Provisions, Trustee Duties, and the Trust's Impact on Probate
    • Final Accounting: What Must and Should Be Included
    • TAX Returns and Schedules for the Estate and the Decedent: Forms, Deadlines, Exentions (With Sample Returns)
    • Estate Closing and Distributions: Notices of Proposed Action, Petition to Discharge the Fiduciary, and Other Key Documents
    • Ethical Practice Considerations and Concerns in Probate

September 17, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Estate Tax, Generation-Skipping Transfer Tax, Gift Tax, Income Tax, Non-Probate Assets, Professional Responsibility, Trusts, Wills | Permalink | Comments (0)

Monday, September 16, 2019

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

Here is the text of this CFP:

Trusts & Estates Collaborative Research Network of Law and Society Association
Trusts & Estates Collaborative Research Network
Law and Society Association Annual Meeting
Denver, Colorado, May 28-31, 2020
 

Call for Participation – Deadline September 20, 2019

Submission Link: https://form.jotform.com/91848913844167

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) 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 a 500-word abstract/description by Friday, September 20, 2019 at 5:00 p.m. GMT via this link: https://form.jotform.com/91848913844167.

The planning committee will then attempt to organize the papers into panels with cohesive themes, and to populate other sessions as appropriate. You are welcome to link your paper in some way to the 2020 conference theme, “Rule and Resistance,” 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 field of Trusts & Estates, 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.

This year, we expect to limit paper panels to four presenters.  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 participating only once, either as a paper panelist or as a roundtable participant.

We will give preference to proposed Trusts and Estates CRN panelists/participants who agree also to serve as a discussant or discussant/chair for another Trusts and Estates CRN panel (those appearances do not “count” for purposes of the 1-appearance rule). Please indicate your willingness to do so on the proposal form.  Your volunteering will help us to create and sustain a supportive global community of trusts, equity, and estates scholars. We will take into account expertise and topic preferences. Chairs organize the logistics of the panel, as well as moderate at the conference. Chairs will develop a 100-250 word description of the panel for inclusion in the Law and Society program. Discussants will read at least one assigned paper and prepare a short commentary to offer feedback and serve as a basis for discussion among the panelist and audience members. There may be multiple discussants for the same panel, especially if we are able to create panels that include multi-national perspectives.

500-word proposals to participate in a program sponsored by the Trusts and Estates CRN are due Friday, September 20, 2019 at 5:00 p.m. GMT via https://form.jotform.com/91848913844167.

The submission form will ask you to provide:

  • A 500 word abstract or summary of your paper/formed panel proposal/alternate session proposal;
  • The title of your individual paper/formed panel/alternate session
  • Your name and institutional affiliation;
  • Number of years you have been in teaching/working in the academy; and
  • A list of your areas of interest and expertise within Trusts & Estates/Equity Law.

Please note that for Author Meets Reader, Salon, or Roundtable sessions, organizers should provide a 500-word summary of the topic, the names of the proposed participants, and the contributions they expect the proposed participants to make.

Those selected by the Trusts and Estates CRN for participation in a panel or program will be informed no later than October 23, 2019.  Each participant will then need to register through the Law and Society system no later than November 6, 2019 using the panel number we assign. 

If you have any questions, you are welcome to contact any member of the CRN Planning Committee.

2020 LSA Trusts & Estates CRN Planning Committee
Bridget Crawford (chair), bcrawford@law.pace.edu
Diane Klein, dklein@laverne.edu
Carla Spivack, cspivack@okcu.edu
Allison Anna Tait, atait@richmond.edu

September 16, 2019 in Conferences & CLE | Permalink | Comments (0)

Saturday, September 14, 2019

CLE on Avoiding a Wealth of Trouble: Ethical Issues for Trust and Estate Lawyers

CLEThe American Law Institute is holding a webcast entitled, Avoiding a Wealth of Trouble: Ethical Issues for Trust and Estate Lawyers, on Thursday, October 24, at 12:00 - 1:30 PM Eastern. Provided below is a summary of the event.

Today’s trust and estate planning attorney must have a wide range of knowledge of substantive law, but also pay careful attention to professional responsibility and liability concerns that can be unique to this area of practice.

Register today for this important CLE program taught by Fellows of the American College of Trust and Estate Counsel (ACTEC) for a critical discussion of both common and sometimes unexpected dilemmas in practice. You’ll learn not only about recent ethics decisions and case law from around the country, but also what the disciplinary and malpractice implications are for lawyers.

What You Will Learn

Ethical challenges to be discussed by an expert panel include:

    • client-driven aggressive estate planning
    • common mistakes that can defeat a client’s objectives
    • problematic conflicts of interest
    • client selection and the importance of engagement letters
    • having adequate insurance coverage and complying with the policy requirements when claims are made or threatened
    • other ethical pitfalls that can ensnare trust and estate lawyers

September 14, 2019 in Conferences & CLE, Current Affairs, Estate Planning - Generally, Professional Responsibility | Permalink | Comments (0)

Saturday, September 7, 2019

CLE on Probate Process: Quick Timeline Overview and Checklist

CLEThe National Business Institute is holding a teleconference entitled, Probate Process: Quick Timeline Overview and Checklist, on Thursday, September 12, 2019, at 1:00 pm to 2:30 pm Central. Provided below is a description of the event.

Understand and Follow the Key Steps

Do you have a clear view of probate process from start to finish? This concise guide will quickly take you through all the crucial stages of the process. Experienced faculty will provide essential forms and checklists to ensure no stone is left unturned. Register today!

    • Get a bird's eye view of probate administration.
    • Come away with a master checklist of deadlines, tasks, and necessary forms.
    • Save time on marshalling and inventory of assets with practical tips from faculty.

Who Should Attend

This program is designed for attorneys. Accountants, trust administrators, estate planners, tax professionals, and paralegals may also benefit.

Course Content

    • The Small Estate Qualifications and Timeline
    • The Formal Probate Procedure - What Must be Done and When
    • The First 48 Hours and Initial Notices to Creditors, Beneficiaries and State Agencies
    • Locating the Will and Beneficiaries and Proving the Will
    • Asset Marshalling and Inventory Forms and Tasks
    • Key Tax Deadlines, Forms, and Extensions
    • Executor Duties (Master Checklist and Forms)

September 7, 2019 in Conferences & CLE, Elder Law, Estate Administration, Estate Planning - Generally, Wills | Permalink | Comments (0)

Friday, September 6, 2019

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

Here is the text of this CFP:

Trusts & Estates Collaborative Research Network of Law and Society Association
Trusts & Estates Collaborative Research Network
Law and Society Association Annual Meeting
Denver, Colorado, May 28-31, 2020
 

Call for Participation – Deadline September 20, 2019

Submission Link: https://form.jotform.com/91848913844167

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) 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 a 500-word abstract/description by Friday, September 20, 2019 at 5:00 p.m. GMT via this link: https://form.jotform.com/91848913844167.

The planning committee will then attempt to organize the papers into panels with cohesive themes, and to populate other sessions as appropriate. You are welcome to link your paper in some way to the 2020 conference theme, “Rule and Resistance,” 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 field of Trusts & Estates, 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.

This year, we expect to limit paper panels to four presenters.  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 participating only once, either as a paper panelist or as a roundtable participant.

We will give preference to proposed Trusts and Estates CRN panelists/participants who agree also to serve as a discussant or discussant/chair for another Trusts and Estates CRN panel (those appearances do not “count” for purposes of the 1-appearance rule). Please indicate your willingness to do so on the proposal form.  Your volunteering will help us to create and sustain a supportive global community of trusts, equity, and estates scholars. We will take into account expertise and topic preferences. Chairs organize the logistics of the panel, as well as moderate at the conference. Chairs will develop a 100-250 word description of the panel for inclusion in the Law and Society program. Discussants will read at least one assigned paper and prepare a short commentary to offer feedback and serve as a basis for discussion among the panelist and audience members. There may be multiple discussants for the same panel, especially if we are able to create panels that include multi-national perspectives.

500-word proposals to participate in a program sponsored by the Trusts and Estates CRN are due Friday, September 20, 2019 at 5:00 p.m. GMT via https://form.jotform.com/91848913844167.

The submission form will ask you to provide:

  • A 500 word abstract or summary of your paper/formed panel proposal/alternate session proposal;
  • The title of your individual paper/formed panel/alternate session
  • Your name and institutional affiliation;
  • Number of years you have been in teaching/working in the academy; and
  • A list of your areas of interest and expertise within Trusts & Estates/Equity Law.

Please note that for Author Meets Reader, Salon, or Roundtable sessions, organizers should provide a 500-word summary of the topic, the names of the proposed participants, and the contributions they expect the proposed participants to make.

Those selected by the Trusts and Estates CRN for participation in a panel or program will be informed no later than October 23, 2019.  Each participant will then need to register through the Law and Society system no later than November 6, 2019 using the panel number we assign. 

If you have any questions, you are welcome to contact any member of the CRN Planning Committee.

2020 LSA Trusts & Estates CRN Planning Committee
Bridget Crawford (chair), bcrawford@law.pace.edu
Diane Klein, dklein@laverne.edu
Carla Spivack, cspivack@okcu.edu
Allison Anna Tait, atait@richmond.edu

September 6, 2019 in Conferences & CLE | Permalink | Comments (0)

Friday, August 30, 2019

CLE on Common Issues Involving Unusual Assets: What Estate Planners Need to Know

CLEThe American Law Institute is holding a webcast entitled, Common Issues Involving Unusual Assets: What Estate Planners Need to Know, on Wednesday, September 25 2019 from 1:00 pm to 2:00 pm Eastern. Provided below is a description of the event.

Why You Should Attend
Sometimes it is a client’s most cherished possessions beyond financial accounts that require extra planning by the estate planner. These types of assets, often referred to as unusual assets, pose a unique set of problems when attempting to draft an estate plan that is suited to the client’s intentions. Issues can arise when these assets are highly regulated, hard to value, or the rules for handling a specific asset varies widely from state to state. What is the best way to deal with these out-of-the-ordinary items?

What You Will Learn
Join us for this 60-minute video webcast that addresses the challenges that surface when advising fiduciaries on the valuation , liquidity, transfer of control, and payment of taxes involved with the planning and administration of unusual assets, including:

    • Digital assets
    • Firearms
    • Children of new biology
    • Wine
    • Aircraft

Questions submitted during the program will be answered live by the faculty. All registrants will receive a set of downloadable course materials to accompany the program.

Who Should Attend
This accredited continuing legal education program will benefit all estate planning attorneys and professionals.

August 30, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Food and Drink, Technology, Trusts, Wills | Permalink | Comments (0)

Thursday, August 22, 2019

CLE on Estate Planning for Every Phase of Life

CLEThe National Business Institute is holding a webinar entitled, Estate Planning for Every Phase of Life, on Wednesday, September 11, 2019 at 12:00 PM - 3:15 PM Central. Provided below is a description of the event.

Advise Clients of All Ages with Confidence

Clients at each stage of life pose unique estate planning challenges that even the most skilled advisor may overlook. Are you prepared to address the concerns of individuals of all ages, from young parents considering a will for the first time, to retirees planning for long-term care? This program will provide you with practical guidance on how to apply fundamental planning techniques to your client's specific circumstances. Address the estate planning concerns of individuals at all stages with certainty - register today!

    • Provide your clients with peace of mind by establishing a plan for guardianship and custody of minor children.
    • Understand what estate planning documents need to be updated after a divorce.
    • Work with your clients to create a plan for charitable giving.
    • Help your aging clients understand what their adult children need to know about their parents' estate plan.
    • Review the essential documents needed at each stage of life.

Who Should Attend

This program is designed for attorneys. Accountants and paralegals may also benefit.

Course Content

    • Retirees: Planning for Long-Term Care and Grandchildren
    • Clients of Advanced Age
    • Essential Documents Needed at Each Stage of Life
    • Estate Plan for a Young Married Couple
    • Divorced and Remarried Clients
    • Clients with Charitable intent

August 22, 2019 in Conferences & CLE, Disability Planning - Health Care, Disability Planning - Property Management, Estate Administration, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (1)