Wills, Trusts & Estates Prof Blog

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

Sunday, June 16, 2019

CLE on Probate and Trust Litigation

CLEThe National Business institute is holding a conference entitled, Probate and Trust Litigation, on Friday, July 12, 2019 from 9:00 AM - 4:30 PM at the Holiday Inn Philadelphia-Cherry Hill in Cherry Hill, New Jersey. Provided below is a description of the event.

Program Description

Real-World Insights for Both Estate Litigators and Planners

Fiduciary problems, family dynamics, creditor issues, unclear estate plans . . . disputes can arise from many areas of trusts and estates. Do you know how to prevent fights, settle them efficiently or move a case through court when litigation is unavoidable? Our seasoned faculty will provide you with practical instruction and tips on handling common controversies. From will contests to fiduciary litigation and more, don't miss this opportunity to build your skills - register today!

  • Learn how to handle will contests and trust fights, interpretation issues and reformations.
  • Uncover the mechanics of proving or disproving undue influence/lack of capacity.
  • Find out when and how to remove a fiduciary.
  • Explore how to resolve disputes with accountings - or prevent them from happening in the first place.
  • Discover effective ways to settle disputes to avoid costly and protracted litigation.
  • Get a refresher on litigation procedures and rules you need to know.
  • Define who your client is to avoid conflicts of interest and other problems.

Who Should Attend

This intermediate level seminar is designed for attorneys and paralegals.

Course Content

  • Wills and Trusts: Contesting, Interpreting, Reforming
  • Testamentary Capacity and Undue Influence in Litigation
  • Handling Claims Against Fiduciaries
  • Disputing Accountings, Distributions and Creditor Claims
  • Settlement Tips
  • Navigating Court Rules, Processes and Procedures
  • Applying Legal Ethics Rules and Guidelines

June 16, 2019 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Professional Responsibility, Trusts, Wills | Permalink | Comments (0)

Wednesday, May 29, 2019

CLE on Skills Training for Estate Planners

CLEThe American Bar Association is holding a seminar entitled, Skills Training for Estate Planners, from Sunday, July 14 to Friday, July 19 at the South Carolina School of Law in Columbia, South Carolina. Provided below is a description of the event.

This is the ideal estate planning CLE program for both new and experienced lawyers. Young or transitioning lawyers new to the practice will receive a strong educational experience focused on the “how to” or estate planning in the program Fundamentals course; while more experienced lawyers will appreciate the opportunity to further expand their knowledge in the program’s Advanced Topics course. The outstanding facility includes experts in all aspects of estate planning and will cover a wide range of topics.

Fundamentals Program

Who Should Attend the Fundamentals Program?

New estate planners — both young attorneys new in the profession, and attorneys seeking to make a transition from another area of law. We recommend that attorneys have been practicing law for at least three years. Please note that this program is not open to law school graduates of 2019. Download the Fundamentals brochure.

Advanced Topics Program

Who Should Attend the Advanced Topics Program?

Attorneys experienced in estate planning seeking to increase their knowledge and skills within the practice. Attorneys who have completed the Fundamentals Program are encouraged to attend the Advanced Topics Program for more training. 

Benefits of Attending

  • An outstanding facility who share their insights and strategies on the most pressing issues estate planners currently face
  • An intensive classroom environment that encouraged interaction and integrates substance with practical skills instruction
  • Detailed course materials that serve as a valuable reference when you return to your office
    The opportunity to network with faculty and other participants from across the country at receptions, complementary breakfasts and lunches, as well as informally in the evenings
  • Between 24 – 54 hours of CLE credit depending on your state and the course chosen

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

May 29, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Income Tax, Trusts, Wills | Permalink | Comments (0)

Saturday, May 25, 2019

CLE on The Probate Process from Start to Finish

CLEThe National Business Institute is holding a conference entitled, The Probate Process from Start to Finish, on Wednesday, June 5, 2019 from 8:30 AM - 4:40 PM at the Hilton Garden Inn San Antonio Airport in San Antonio, Texas. 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 Professionals
  • Trust Officers

Course Content

  • Initial Filing in Probate Court and Estate Timeline
  • Law of Intestate Succession
  • Inventory and Appraisement
  • Probate Property vs. Non-Probate Assets
  • Handling Claims Against the Estate
  • Tax Reporting and Post-Mortem Tax Matters
  • Ethics
  • Sale of Property and Distributions
  • Final Accounting and Closing the Estate
  • Probate Disputes and Litigation

May 25, 2019 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Generation-Skipping Transfer Tax, Gift Tax, Intestate Succession, Professional Responsibility, Trusts, Wills | Permalink | Comments (0)

Sunday, May 19, 2019

2019 Farm and Ranch Income Tax/Estate and Business Planning Seminar/Webinar

WashburnWashburn University School of Law presents the two-day seminar "Farm and Ranch Income Tax/Estate and Business Planning Seminar" on Tuesday, August 13 and Wednesday, August 14, 2019 at Steamboat Grand Hotel in Steamboat Springs, Colorado. This program is appropriate for agribusiness professionals, attorneys, certified public accountants, enrolled agents, and tax practitioners.

This program may be attended either in person or online.

Follow this link to read about the impressive presenters and the schedule.

May 19, 2019 in Conferences & CLE, Estate Planning - Generally | Permalink | Comments (0)

Friday, May 17, 2019

CLE on Estate Planning: New Laws That Make Old Tools Obsolete

CLEThe National Business Institute is holding a teleconference entitled, Estate Planning: New Laws That Make Old Tools Obsolete, on Friday, June 7, 2019, from 10:00 AM to 11:30 AM Central. Provided below is a description of the event.

Program Description

Stay on the Cutting Edge of Your Practice

This timely update will review the latest changes in the rules and will offer new tools to adapt to the new regulatory environment. Make certain your clients get the most up-to-date representation - register today!

  • Get an incisive summary of the tax changes and their implications for existing planning tools.
  • Learn which deductions remain and how to obtain them.
  • Identify planning approaches that no longer help your clients.
  • Gain practical pointers for fixing old trusts.

Who Should Attend

This legal update is designed for attorneys. It will also benefit accountants and CPAs, trust and tax professionals, and paralegals.

Course Content

  • Leveraging and Reporting the Step Up in Basis (Recent IRS Guidance)
  • QPRT Replacements
  • Obsolete Small-to-Medium Size Estate Tools and How to Update Them
  • The Sky High Estate/Gift/GST Tax Exemption and the New Approaches it Dictates
  • Old Large Estate Techniques That No Longer Work and What to Replace Them With
  • Charitable Giving after TCJA
  • Using the QBI Deduction: New Opportunities
  • Fixing Other Old Trusts
  • What if? . . . How the Potential Clawback of the New Rules Affects Client Advice

May 17, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Estate Tax, Gift Tax, Income Tax, New Legislation, Trusts, Wills | Permalink | Comments (0)

Thursday, May 16, 2019

CLE on The LLC Charging Order - The Quiet Shield of LLC Asset Protection

CLEThe National Business Institute is holding a webinar entitled, The LLC Charging Order - The Quiet Shield of LLC Asset Protection, on Tuesday, May 21, 2019, from 1:00 PM - 4:15 PM Central. Provided below is a description of the event.

Program Description

Protect LLC Ownership and Management

Your client's LLC ownership is an asset. Do you know how to protect that asset should your client get sued for something unrelated to the business? Can you safeguard your client's future by putting in place provisions that effectively control management rights? Our experienced faculty will discuss how to properly use LLC charging orders and pick-your-partner provisions so you can protect members' ownership interests. Register today!

  • What is an LLC charging order and what does it do? Find out!
  • Review key charging order provisions and identify if they apply to single-member LLCs.
  • Learn about charging order benefits and protections, like ownership integrity and management control.
  • Identify key charging order limitations.
  • Learn about LLC responses to charging orders.

Who Should Attend

This essential course is designed for attorneys. It may also benefit accountants and presidents/vice presidents.

Course Content

  • What is an LLC Charging Order and What Does it Do?
  • Charging Order Limitations
  • The 3 Types of Charging Order States in Detail
  • Charging Order Benefits
  • Using Charging Order Laws, Rules and Regulations to Your Advantage
  • Charging Order Protection
  • Creditor Responses
  • LLC Responses to Charging Orders

May 16, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Income Tax, Trusts | Permalink | Comments (0)

Sunday, May 12, 2019

CLE on Medicaid Update 2019: Knowledgeably Advise Clients on the New Medicaid Changes

CLEThe National Business Institute is holding a seminar entitled, Medicaid Update 2019:Knowledgeably Advise Clients on the New Medicaid Changes, on Thursday, June 6, 2019, from 9:00 AM to 4:30 PM at the Illinois Business & Industry Services in Naperville, Illinois. Provided below is a description of the event.

Program Description

Knowledgeably Advise Clients on the New Medicaid Changes

Do you have the most current information relating to the impact of the new Medicaid changes? Are you confident in your ability to advise your clients due to these changes? Join us at this seminar to not just learn what changes have been made, but also gain insight into how the changes will affect your clients. Get yourself up to speed - enroll today!

  • Gain valuable insight into Medicare Part A through D so you can help clients ensure that hospital services, medications and medical visits are covered.
  • Help clients make smart financial planning decisions with a solid understanding of the new framework.
  • Avoid precedence conflicts by analyzing the new federal reforms versus your state's Medicaid policies.
  • Review the possible financial outcomes and get tips for helping with planning decisions in light of the Medicaid changes.
  • Guide clients through the Medicaid qualification process by knowing what's involved.
  • Translate the recent Medicaid reforms into the day-to-day practice skills you'll need to advise your clients.
  • Understand limitations on Medicare, long-term insurance and HMO coverage so your clients can plan for uncovered expenses.

Who Should Attend

This basic level seminar is designed for those who need to stay current on the latest in Medicaid law and practice, including:

  • Attorneys
  • Accountants
  • Insurance Professionals
  • Nursing Home Administrators
  • Paralegals

Course Content

  • State and Federal Medicaid Laws Update
  • Qualifying Clients for Medicaid and Medicare Benefits
  • Planning Tips and Traps
  • The Medicaid Application and Appeals Process
  • Understanding Medicare Parts A Through D, Veterans' Benefits and the Impact on Medicaid Benefits
  • Limitations on Medicare, Long-Term Insurance and HMO Coverage
  • Medicaid Estate Recovery

May 12, 2019 in Conferences & CLE, Current Affairs, Disability Planning - Health Care, Estate Planning - Generally, Income Tax, New Legislation | Permalink | Comments (0)

Friday, May 10, 2019

CLE on Qualified Opportunity Funds and Opportunity Zones: What Estate Planners Need to Know

CLEThe American Law Institute is holding a webcast entitled, Qualified Opportunity Funds and Opportunity Zones: What Estate Planners Need to Know, on Thursday, ‎May ‎30, 2019, 12:00 to 1:30 pm Eastern. Provided below is a description of the event.

Why You Should Attend

The 2017 Tax Cuts and Jobs Act includes a new tax incentive provision that is intended to promote investment in economically distressed communities, referred to as "Opportunity Zones." Through this program, investors can achieve significant tax benefits: deferral of gain on the disposition of property to an unrelated person until December 31, 2026 so long as the gain is reinvested in a Qualified Opportunity Fund (QOF); elimination of up to 15% of that gain; and potential elimination of tax on gains associated with the appreciation in value of a QOF.

This webcast, taught by highly-experienced estate planning practitioners and Fellows of the American College of Trust and Estate Counsel (ACTEC), will focus on the critical tax rules that you need to know in advising your clients on investing in and establishing QOFs. Particular emphasis will be placed on the estate planning challenges and opportunities that can be presented through such investments.

What You Will Learn

Topics include:

  • The income tax consequences resulting from the death of a taxpayer who has deferred gain through a timely reinvestment of such gain in a QOF
  • The consequences resulting from the gift of an interest in a QOF including with respect to the tacking of holding periods
  • The impact of holding QOF investments through grantor trusts, and whether the ordinary tax rules involving grantor including Rev. Rul. 85-13 apply in the context of QOFs as well
  • The application of the 180-day period for rollover of gain to a QOF in the case of partners, S corporation shareholders, and beneficiaries of estates and trusts, and the special timing concerns that may arise in the context of trusts and estates
  • Non-tax considerations relating to QOFs, including fiduciary duties and investment related considerations
  • Estate planning applications and considerations

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

Who Should Attend

Any estate planner with a client interested in investing in Opportunity Zones and QOFs should attend this webcast from ALI CLE and ACTEC.

May 10, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, New Legislation | Permalink | Comments (0)

Tuesday, May 7, 2019

CLE on Wills and Trusts 101

CLEThe National Business Institute is holding a seminar entitled, Wills and Trusts 101, on Monday, June 17, 2019 - Tuesday, June 18, 2019, from 9:00 AM - 4:30 PM on June 17 and 9:00 AM - 4:30 PM on June 18 at the Courtyard Fort Lauderdale North/Cypress Creek in Fort Lauderdale, Florida. Provided below is a description of the event. 

Program Description

Your Definitive Guide to Wills and Trusts

Wills and trusts may seem straightforward, but have you fully mastered the building blocks that lead to rock-solid foundations? Don't let your clients' estate plans collapse around them. You can't afford to overlook the basics if you want to create wills and trusts that stand the test of time. This two-day seminar will give you the knowledge you need to draft and execute wills, set up and fund trusts, and more. No matter if you are new to estate planning or are an experienced practitioner in need of a refresher, you are sure to get the information your clients need. Register today!

  • Recognize when you should use a will and when you should use a trust.
  • Get the sample documents you need to draft airtight wills.
  • Smooth the will execution process with useful tips and checklists.
  • Avoid critical errors attorneys commonly make when creating wills and trusts.
  • Know when you should use a revocable vs. an irrevocable trust.
  • Draft personalized trust forms and amend existing trusts.
  • Fund trusts the right way - know how to handle key assets.
  • Get the latest estate tax updates your clients depend on you to know.

Who Should Attend

This basic level program is designed for:

  • Attorneys
  • Accountants
  • Trust Officers and Personal Representatives
  • Estate Planners
  • Paralegals

Course Content

Day 1

  • Wills vs. Trusts: Weighing Pros and Cons
  • Wills: Key Elements, First Steps and More
  • Will Drafting - With Checklists and Sample Documents
  • Will Execution
  • Updating Existing Wills
  • Ethical Considerations
  • Top Will Mistakes Attorneys Make - and How to Avoid Them

Day 2

  • Long-Term Care, Incapacity and End-of-Life Decisions: Trusts and Other Documents
  • Trusts: Structures and Principles
  • Trust Funding
  • Drafting Personalized Trust Forms - With Sample Documents
  • Trust Taxation
  • Aligning Trusts with Estate Plans
  • Top Trust Mistakes - and How to Avoid Them

May 7, 2019 in Conferences & CLE, Disability Planning - Health Care, Elder Law, Estate Administration, Estate Planning - Generally, Non-Probate Assets, Trusts, Wills | Permalink | Comments (0)

Friday, May 3, 2019

CLE on Probate and Trust Administration

CLEThe National Business Institute is holding a seminar entitled, Probate and Trust Administration, on Thursday, May 23, 2019, in Sacramento, California, at the Four Points by Sheraton Sacramento International Airport, from 8:30 AM to 4:40 PM. Provided below is a description of the event.

Program Description

What You Need to Know About Probate and Trust Administration

Working through issues that arise through probate and trust administration can be daunting. Are you well-equipped with the tools you need to succeed? This insightful course will take you through steps in probate administration, including information on creditor and debt issues, tax and more. You will also get valuable insight on trust administration, including the handling of accounting, distributions and taxes. Don't miss this opportunity to hone your probate and trust administration skills - register today!

  • Take a closer looks at the initial step for filing the estate.
  • Discuss what needs to be done to handle creditor claims and debts.
  • Make sure everything is in order for the final distribution of the estate.
  • Review what issues need to be addressed concerning taxes in probate administration.
  • Get the latest information on taxation concerns associated with trusts.
  • Explore the different types of trusts and how they are used.
  • Learn ways to manage, sell and distribute property and assets in trust administration.
  • Gain a better understanding of the distinctions between trust fiduciary accounting and income tax accounting.

Who Should Attend

This basic level seminar is designed for professionals who want to be more effective in the probate and trust administration process, such as:

  • Attorneys
  • CPAs and Accountants
  • Tax Professionals
  • Financial Planners and Wealth Managers
  • Trust Officers
  • Paralegals

Course Content

  • Probate Process and Overview
  • Assets, Creditor Claims and Debt Considerations
  • Distributions, Final Accounting and Closing the Estate
  • Tax Issues in Probate Administration
  • Trust Taxation Issues
  • What You Need to Know About Trusts
  • Accounting/Distributions in Trust Administration
  • Ethics and Estate Administration

May 3, 2019 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Non-Probate Assets, Professional Responsibility, Trusts, Wills | Permalink | Comments (0)