Wills, Trusts & Estates Prof Blog

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

Thursday, November 14, 2019

Institute for Law Teaching and Learning—Summer 2020 Conference

The announcement below comes to us from Kelly S. Terry, Associate Dean for Experiential Learning and Clinical Programs, Ben J. Altheimer Professor of Law, at the University of Arkansas at Little Rock William H. Bowen School of Law:

Institute for Law Teaching and Learning—Summer 2020 Conference

Effective Instruction in Online and Hybrid Legal Education

June 11—13, 2020

University of Arkansas at Little Rock William H. Bowen School of Law

Little Rock, Arkansas  

Conference Theme:  The future of legal education has arrived, with more and more law schools moving toward teaching part or all of their J.D. program online.  During this conference, we will explore how law professors can design and implement methods for teaching effectively in online environments, including both synchronous and asynchronous formats.  After an opening plenary examining data regarding the effectiveness of online education, the subsequent plenaries and concurrent workshops will address the following topics in the context of online and hybrid courses and programs:  course and program design, assessment of student learning, active learning and student engagement, teaching methods, providing feedback, and collaborative learning.

Conference Structure:  The conference will consist of three plenary sessions and a series of concurrent workshops that will take place on Thursday, June 11; Friday, June 12; and the morning of Saturday, June 13.  The conference will open with an informal reception on the evening of Wednesday, June 10.  Details about the conference will be available on the website of the Institute for Law Teaching and Learning, www.lawteaching.org 

Registration Information:  The conference fee for participants is $285, which includes materials, meals during the conference (three breakfasts and three lunches), and the welcome reception on Wednesday, June 10.  The conference fee for presenters is $185.  Details regarding the registration process will be provided in future announcements.

November 14, 2019 in Conferences & CLE, Teaching | Permalink | Comments (0)

Wednesday, November 13, 2019

CLE on Current Developments in Estate and Tax Planning 2019

ALI CLE and ACTEC are conducting a webcast entitled Current Developments in Estate and Tax Planning 2019 on Thursday, December 5, 2019 at 12:00 p.m. to 1:30 p.m. Provided below is a description of the event.

Why You Should Attend

Do you want to provide your estate planning clients with the best possible advice going into the new year? Are you up-to-date on the most significant developments to have come out of 2019? Set aside just 90 minutes to gain valuable insights on emerging trends in estate and tax planning, and learn how the newest cases, IRS guidance, and proposed regulations will impact your practice and your clients’ estate plans.

What You Will Learn

The faculty, all Fellows of The American College of Trust and Estate Counsel and highly-experienced estate and tax planning practitioners, anticipate discussing:

• Inflation adjustments
• IRS Priority Guidance Plan
• Court decisions of significance, including: Kress, Jones, Dieringer, Kaestner / Fielding
• Presidential candidate proposals
• SECURE Act
• Anti-clawback regulations
• Estate and gift tax proposed legislation
• Uniform basis PLRs
• PLR on §1041 & grantor trusts
• Regulations on 170 SALT limitation workaround
• IRS Chief Counsel Advice on high/low trading prices

Additional breaking topics may be added as we get closer to the date of the program.

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

Who Should Attend

Estate planners and other related professionals will benefit from this CLE on estate and tax planning developments jointly offered by the ALI CLE and ACTEC.

November 13, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Estate Tax, Gift Tax, New Cases, New Legislation, Trusts, Wills | Permalink | Comments (0)

Tuesday, November 5, 2019

The American College of Trust and Estate Counsel Releases Ten-Part Charitable Giving Podcast Series

ActecWashington, DC, November 4, 2019: The American College of Trust and Estate Counsel (ACTEC) today released a ten-part, topic-based podcast series on Charitable Giving, offering the expertise of Fellows who provide best practice advice, insights and commentary on subjects relevant to those in the wealth management profession.

Fellows of ACTEC’s Charitable Planning and Exempt Organizations Committee consider all aspects of charitable planning and charitable giving including charitable deductions, private foundations, excise taxes, Charitable Remainder Trusts (CRT), Charitable Lead Trusts (CLT), Charitable Gift Annuities, individual Donor-Advised Funds (DAF) and charitable pledges. The committee regularly reviews and discusses tax and other issues affecting charitable organizations including public charities and endowment matters.
The feature series debuts at ACTEC Trust and Estate Talk, a weekly podcast created for trust and estate management professionals. Listeners can subscribe at iTunes, SoundCloud, Stitcher, Spotify, and Google Play.

“The ACTEC Charitable Giving series offers attorneys and their clients accessible information about significant aspects of charitable giving from experts in those areas,” said Susan Snyder, ACTEC Fellow and Executive Producer of ACTEC Trust and Estate Talk. “Attorneys can share the podcast links with clients who would like more information to help inform their charitable planning decisions.”

ACTEC’s podcast series will feature the following:

    • Basic Charitable Giving with ACTEC Fellow Glenn G. Fox
    • An Introduction to Individual Charitable Deductions with ACTEC Fellow Robert P. Goldman
    • A Primer on Private Foundations with ACTEC Fellow John McGown, Jr.
    • An Introduction to Private Foundation Excise Taxes with ACTEC Fellow Neil T. Kawashima
    • Charitable Remainder Trusts (CRT) with ACTEC Fellow Matthew G. Brown
    • A Primer on Charitable Lead Trusts (CLTs) with ACTEC Fellow Kirk A. Hoopingarner
    • Charitable Gift Annuities with ACTEC Fellow Roger Shumaker
    • Deferred and Flexible Charitable Gift Annuities with ACTEC Fellow Brad Bedingfield
    • An Introduction to Individual Donor-Advised Funds (DAF) with ACTEC Fellows Edward J. Beckwith and Christopher R. Hoyt
    • An Introduction to Charitable Pledges with ACTEC Fellows Reynolds T. Cafferata and William Finestone

November 5, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Technology | Permalink | Comments (0)

Tuesday, October 29, 2019

CLE on Shielding Estate Plans Against Litigation Webinar: Proactive Steps to Take Now

The Peak Trust Company is presenting a webinar entitled, Shielding Estate Plans Against Litigation Webinar: Proactive Steps to Take Now, on Tuesday, November 12, 2019, from 2:00 p.m. to 3:00 p.m. Provided below is a description of the event.

Litigation relating to estate planning seems to be increasing all over the country, and it is not limited to large estates. Proactive steps can be taken now to drastically reduce the chances of your clients' wishes being challenged. Some of the topics we will cover include:

- Reducing the chances a disgruntled beneficiary will attack your client's estate plan

- Increasing the chances that the estate plan will be successfully defended using discretionary trusts, no-contest clauses, and conditional distributions

- Common litigation scenarios and how to avoid them

- Anticipating challenges based on dementia, lack of mental capacity, and undue influence

- Dealing with beneficiaries’ spouses and divorces

- Protecting against mismanagement by trustees and trust advisors

- Using statements of intent and overcoming adverse presumptions

October 29, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0)

Sunday, October 20, 2019

CLE on Qualifying for Medicaid: Asset Purchase, Transfer, and Spenddown Tactics

CLEThe National Business Institute is holding a teleconference entitled, Qualifying for Medicaid: Asset Purchase, Transfer, and Spenddown Tactics, on Thursday, January 23, 2020 at 12:00 pm to 1:30 pm. Provided below is a description of the event.

Program Description

Complying With Lookback Requirements and Guarding Family Assets

Medicaid remains one of the major sources of funding long-term care. To help your clients afford assisted care without impoverishing their families, you need accurate information on the Medicaid eligibility rules and planning techniques. This practical legal guide will give you knowledge you can apply immediately. Register today!

    • Find new ways to qualify with the Medicaid spenddown requirements.
    • Learn common actions that trigger penalty periods and how to determine their duration.
    • Take full advantage of hardship waivers and monthly spousal allowance.

Who Should Attend

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

Course Content

    • Medicaid Asset Limits and Excluded Assets
    • Prepayment of Qualified Expenses
    • The Lookback Period and Timing of Transfers
    • Calculating and Minimizing Penalty Periods
    • Hardship Waivers and Monthly Spousal Allowance
    • Other Planning Options
    • "Medicaid Pending" - What Can be Done When the Need for Nursing Home is Immediate

October 20, 2019 in Conferences & CLE, Current Affairs, Disability Planning - Health Care, Elder Law, Estate Administration, Estate Planning - Generally, New Legislation | Permalink | Comments (0)

Wednesday, October 16, 2019

SEALs seeking particpation in T&E discussion groups

SealsThe SEALS T&E Resource Group has developed two discussion group proposals for the 2020 SEALS Conference.  Prof. Deborah S. Gordon is inviting you to indicate your interest in one or both of the proposals.  Please feel free to share this posting with anyone else you think might be interested.

The 2020 SEALS Conference will be held in Fort Lauderdale, Florida from July 30 to August 5. (More information about SEALS is available at https://sealslawschools.org/ .) A description of the two discussion groups appears below.

Prof. Gordon is collecting the information for the groups. If you are interested, please email her at dsg45@drexel.edu by 5:00 p.m. on Monday, October 28 (sorry for the quick turn-around). In the email, please indicate one (or both!) of the discussion group proposals you wish to join. If you need to tentatively indicate an interest subject to scheduling or travel budgets, just let her know.  Also, if you have an idea of what you would want to discuss, please include that information in the email (although doing so is not necessary at this time). 

Thanks for considering being part of one (or both) of the proposals.  

2020 SEALS Proposal – T&E Discussion Group - Teaching 

Title:  Using Technology and Creativity in the Trusts & Estates Classroom 

Description:

Trusts & Estates, as an area of law, has a reputation for being old-fashioned in its adherence to paper documents and other traditional rules.  Trusts & Estates professors, however, have harnessed the power of technology to bring the subject to life. Discussion group participants will share their ideas for how to use technology and other forms of creativity in the Trusts & Estates classroom for presentations, assignments, and assessment. Examples might include (but are not limited to): (1) polling apps; (2) remote or on-line course components; (3) video or audio presentations; (4) current events, popular culture, and interdisciplinary materials; and (6) any other uses of technology. 

2020 SEALS Proposal – T&E Discussion Group – Scholarship 

Title:  Current and Evolving Trusts & Estates Scholarship           

Description:

Scholarship in the Trusts & Estates field is dynamic and expanding beyond core topics.  Until recently, trusts and estates law primarily concerned mechanisms for the effective transfer of wealth, and was the province of dry formalities concerning the necessities for the execution of wills and, over the past century, trusts. There was widespread consensus over a series of core principles, concepts basic to the field.  New scholarship, however, seeks to challenge this traditional approach and to bring alternative perspectives to the core meanings and concepts of trusts and estates.  The scholarship today uses a variety of methodologies and lenses. In this discussion group, participants have an opportunity to present their current research and explore symmetries and differences between their various scholarly projects.

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

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)