Wills, Trusts & Estates Prof Blog

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

Friday, April 29, 2022

Urban-Brookings Tax Policy Center Webcast: Wealth taxation in defense of equal citizenship

The following is from an announcement by the Urban-Brookings Tax Policy Center:

Wealth inequality is often discussed in terms of its economic effects rather than its political implications. But money is a form of power, and the wealthy exert an outsized influence on politics. Wealth taxation has the potential, therefore, not only to reduce the concentration of economic power in America, but to strengthen democracy itself. 

On Monday, May 2, the Urban-Brookings Tax Policy Center will host an event considering wealth taxation as a tool of democratic reform. Jeremy Bearer-Friend, associate professor of law at George Washington University Law School, and Vanessa Williamson, senior fellow in Governance Studies at the Brookings Institution, will present their new paper, exploring and updating an underappreciated wealth tax proposal made by the American revolutionary, Thomas Paine, in his 1792 book, “Rights of Man.” Phyllis Taite, professor of law at Oklahoma City University School of Law, will address the potential effects of wealth taxation on the racial wealth gap, and Rakeen Mabud, chief economist at the Groundwork Collaborative, will discuss how taxation fits into a broader reconsideration of economic policy’s political and social purposes. 

Follow this link to register for the program.

April 29, 2022 in Conferences & CLE, Estate Tax | Permalink | Comments (0)

Wednesday, April 6, 2022

Tax & Estate Planning with IRAs after the Secure Act

On Tuesdays, April 26 and May 3, 2022, Seymour Goldberg will present a webinar for the New York County Lawyers Association entitled Estate Planning with IRAs after the Secure Act: Making SOME Sense of the Proposed Regulations. Below is a description of this program:

Many taxpayers have accumulated a considerable amount of assets in their retirement accounts. The Secure Act has created many new technical deadlines that must be followed to avoid IRS penalties. In addition, the IRS on February 23, 2022 released over 270 pages of proposed regulations which practitioners have been struggling to understand.

Tax planning and estate planning for your clients that have substantial retirement assets have become more important than ever. You need to be aware of common errors that frequently take place, and the steps you must take.

The course material will include an updated manual written by Seymour Goldberg entitled, "An Attorney’s Introductory Guide to the IRA Distribution Rules Under the Secure Act."

April 6, 2022 in Conferences & CLE | Permalink | Comments (0)

Sunday, February 13, 2022

ACTEC Shares Useful Resources

ACTEC Trust and Estate Talk  (podcast series for professionals)

Understanding Serious Mistakes and Planning Implications in the Smaldino Tax Court Case  Trust and estate lawyers discuss the Smaldino Tax Court ruling, T.C. Memo 2021-127, and the mistakes made in the transactions, as well as the estate planning implications.

Planning for a Diverse and Equitable Future

The Fight for Justice, Reparations and Bruce's Beach  Hear first-hand about the future of Bruce's Beach from the pro bono attorney who took the fight to court and the land-rights activist who took on the city and state to bring public awareness of the racially motivated eminent domain property issue. 

February 13, 2022 in Conferences & CLE | Permalink | Comments (0)

Wednesday, December 29, 2021

CLE: Estate Planning With Specialty Assets: Carried Interest, SPACS, and QOZ Funds

On Thursday, January 20, 2022 at from 12:00–1:30 PM Eastern, The American Law Institute (ALI) and The American College of Trust and Estate Counsel (ACTEC) are cosponsoring a CLE entitled, Estate Planning With Specialty Assets: Carried Interest, SPACS, and QOZ Funds

Below is more information on the CLE: 

Why You Should Attend

Wealth transfer structures can be complicated and have many moving parts. In recent years, new investment opportunities have emerged with the promise and potential for explosive growth and significant tax benefits. Such specialty assets, including interests in special purpose acquisition companies (SPACs), qualified opportunity zone (QOZ) funds, and private investment funds, are increasingly on clients’ radars as good vehicles for wealth transfer. While these assets can provide unique opportunities for leverage, they also come with nuanced pitfalls and risks within the realms of estate, gift, and income taxation. Join us for this 90 minute webcast to learn how seemingly small variations in different structures can result in quite different solutions. Gain a better understanding of the facts and circumstances of the various options and learn ways to create customized plan structures for each of your clients. 

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, will take a deep dive into the lightly chartered waters of estate planning with specialty assets. They will particularly focus on: 

Carried interests in private investment funds

Various categories of interests in SPACs

Interests in QOZ funds

Preferred partnership structures

 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

Estate planners and other related professionals, particularly those with wealthy clients, will benefit from this CLE on estate planning with specialty assets offered by ALI CLE and ACTEC. 
Register two or more and SAVE! Register as a group for this program and save up to 35% (click here for more details). Click "Register as a Group" to register at these savings. (Offer valid on new registrations in the same delivery format only; discounts may not be combined.)


December 29, 2021 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Estate Tax, Gift Tax, Income Tax | Permalink | Comments (0)

Wednesday, November 17, 2021

47th Annual USC Gould Trust and Estate Conference

The 47th Annual USC Gould Trust and Estate Conference is on November 19, 2021.

Click here to register for the opportunity to connect with trust, estate planning, probate and elder law professionals and talk through practical and realistic solutions to the biggest questions in the field today.  '

This year, the Trust and Estate Conference will be hosted as a virtual broadcast. Registration includes access to the live broadcast and available recordings of the on-demand sessions, continuing education credit, and an electronic copy of the Conference Syllabus and Annual Resource Guide (a trust and estate professional directory covering Los Angeles, Orange County and San Diego County).

Sessions include:

  • Annual Update: Recent Developments in Probate & Trust and their Practical Applications
  • Avoiding Traps of 529 Plans
  • Pre-Death Administration
  • Keynote Presentation: Overcoming Implicit Biases
  • Post-Death Administration
  • Litigation Issues of Tangible Personal Property and Other Distributions
  • Addressing Remote Work and Multi-State Asset Issues

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

November 17, 2021 in Conferences & CLE | Permalink | Comments (0)

Thursday, October 21, 2021

Off Topic: Water Law Symposium: West Texas Water

At the request of my colleague and friend, Prof. Amy Hardberger , the George W. McCleskey Professor of Water Law and  Director of the Center for Water Law and Policy at the Texas Tech University School of Law, below is information about a seminar entitled West Texas Water:

The Texas Tech Law Review is proud to host the first West Texas Water Law Symposium on November 5th in conjunction with the Center for Water Law and Policy. The symposia will be offered for CLE credit. Register for the event at this link.

The Texas Tech School of Law invites you all to attend the Texas Tech Law Review Fall Water Law Symposium. This year’s symposium: West Texas Water The New Frontier, will provide an extensive look at the current state of Water Law and Policy affecting West Texas. Attendees will benefit from a surplus of knowledge presented through panels and lectures. The cost of attendance is $75. Due to the current status of the Covid-19 pandemic, the Symposium will take place completely virtual. The Symposium will be offering 7.5 hours of CLE credits with the Texas State Bar, including .75 hours of Ethics CLE credit.

Texas Tech Law Review is working in concert with the Texas Tech Center for Water Law and Policy to present this Symposium. They are excited to offer this CLE credit to our alumni. Professor Hardberger has recruited a group of speakers with diverse backgrounds in Water Law and Policy. We hope you can join us virtually on November 5th from 9:00 am to 5:15 pm. Follow this link to register for the event.

If you have any questions, please contact our Symposium Editor Donald “Trey” Parker at donald.parker@ttu.edu.


October 21, 2021 in Conferences & CLE | Permalink | Comments (0)

Saturday, October 9, 2021

Webinar: Tax & Estate Planning w/IRAs After the Secure Act

The following is from the program's announcement found here:

Tax and Estate Planning with IRAs after the Secure Act

3 NY CLE Credits: 3 Skills; Transitional and Non-transitional; 3 NJ CLE Credits: 3 General; 3 CPE Credits for CPAs (NY only)
Faculty:  Seymour Goldberg, Esq., CPA, MBA (Taxation), JD

Many taxpayers have accumulated a considerable amount of assets in their retirement accounts.  The Secure Act has created many new technical deadlines that must be followed in order to avoid IRS penalties. 

Tax planning and estate planning for your clients that have substantial retirement assets have become more important than ever.  You need to be aware of common errors that frequently take place.

This 3-credit CLE/CPE program includes:

  • Overview of the Retirement Distribution Rules under the Secure Act
  • Advantages of Trusts as IRA Beneficiary
  • Common Errors in Retirement Distribution Planning
  • Why many IRA beneficiary forms are defective
  • Statute of limitation issues including IRA penalties
  • Unintended Beneficiaries of Retirement Accounts or "My IRA is Going Where?"
  • And much more

ABOUT the INSTRUCTOR:  Seymour Goldberg, CPA, MBA (Taxation), JD is a senior partner in the law firm of Goldberg & Goldberg, P.C., Melville, New York. He has conducted over 100 continuing professional education programs for attorneys and CPAs in the area of IRA distributions and IRA compliance issues. He is a former IRS agent and IRS instructor. Mr. Goldberg is  the recipient of Outstanding Discussion Leader Awards from both the AICPA and the Foundation for Accounting Education.  His manuals written for the American Bar Association can be found in well over 100 law school libraries.  Two of his manuals cover IRA issues and IRS compliance issues involving IRAs.

Mr. Goldberg can be reached at 516-222-0422 or by email at info.goldbergira@gmail.com.

The New York and New Jersey CLE credits for this program will be issued by NYCLA 
The CPE credits* for this program will be issued by IRG Publications.
* CPA registrants must submit NYS CPA License Number after selecting registration option.

IRG Publications CPE details: 
Recommended CPE Credit Hours:  3 
Method of Presentation:  Webinar 
NY Sponsor:  IRG Publications 
Sponsor License No:  002963 
Subject area:  Taxation
Learning objective:  To  acquire knowledge involving tax planning and IRS compliance issues when dealing with IRA assets after the Secure Act
Level:  Intermediate 
Prerequisite:  Basic knowledge of taxation

Member (CLE Credit): $85
Non-member (CLE Credit): $105
CPA (CPE Credit ONLY): $75
JD/CPA Member (CLE & CPE Credit): $105
JD/CPA Non-Member (CLE & CPE Credit): $125

You must be signed in to register. If you do not have an account, you can create it for free.
For technical and account related issues, please contact us at dradjabov@nycla.org

October 9, 2021 in Conferences & CLE, Non-Probate Assets | Permalink | Comments (0)

Tuesday, October 5, 2021

Law & Society Association Trusts & Estates Collaborative Research Network Call for Papers, Lisbon 2022

Law & Society Association Trusts & Estates Collaborative Research Network Call for Papers, Lisbon 2022
Trusts & Estates Collaborative Research Network
Global Meeting on Law and Society
Lisbon, Portugal (& Virtual), July 13-16, 2022

Call for Participation – Deadline for Trusts & Estates CRN Proposals November 10, 2021 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.

The CRN welcomes work that bears in any way on succession (inheritance), equity, or wealth transfers more generally. 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 November 10, 2021 at 11:59 p.m. Eastern (USA) via the LSA submission page here: https://lsa-annualmeeting.secure-platform.com/a/organizations/main/home

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).

For papers that are not already organized into panels, 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, “Rage, Reckoning, & Remedy,” but there is no requirement to do so.

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

Please also note that the format for the conference is hybrid, meaning some panels will be entirely online and some panels will be entirely in-person, but no “mixed” hybrid/live panels are permitted. Please indicate with your submission whether you plan to attend the conference in person or virtually only. For more information about this year’s format, please see LSA’s FAQ page here: https://www.lawandsociety.org/faqs-lisbon-2022.

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.

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.

If you have any questions, you are welcome to contact CRN chair Bridget Crawford (bcrawford [at] law.pace.edu) or Allison Anna Tait (atait [at] richmond.edu) or Carla Spivack (cspivack [at] okcu.edu).

October 5, 2021 in Conferences & CLE | Permalink | Comments (0)

Sunday, September 26, 2021

Tulane/ACTEC Symposium on Conflict of Laws in Trusts and Estates

Tulane University School of Law and The American College of Trust and Estate Counsel’s Legal Education Committee are organizing the 9th academic symposium financially supported by The ACTEC Foundation. The symposium, Conflict of Laws in Trusts and Estates will be held at the Tulane University School of Law on Friday, October 21, 2022. The keynote address will be given by Professor Jeffrey Schoenblum of Vanderbilt University Law School.

Among the objectives of this symposium are the following:

  • To bring together prominent and up-and-coming scholars for the discussion of important issues in conflict of laws;
  • To spur leading-edge research on conflict of laws in trusts and estates;
  • To encourage professors of trusts and estates to incorporate and consider issues of conflict of laws in their scholarship and teaching;
  • To promote collaborations and exchanges between conflict-of-laws scholars and scholars of trusts and estates.

Papers presented at the symposium will consist of papers selected from this Call for Papers and papers from invited speakers. The papers will be published in the Tulane Law Review.

If you would like to be considered to present a paper, please submit an abstract of your paper to Ron Scalise by email (rscalise@tulane.edu) by November 1, 2021. Those chosen to participate  in the symposium will be notified no later than December 1, 2021. Symposium speakers will be required to submit a draft of their papers by August 15, 2022, so that the panel commentators will have sufficient time to prepare their commentary.

Symposium speakers will be reimbursed for their travel expenses (economy airfare, the cost of ground transportation, and up to two nights’ hotel stay). Speakers will be invited to dinner on the evenings of Thursday, October 20, 2022, and (for speakers staying Friday evening) Friday, October 21, 2022.

Breakfast and lunch will be provided to speakers and attendees on Friday, October 21, 2022, courtesy of The ACTEC Foundation.

Questions about the symposium or this call for papers should be directed to Ron Scalise at the email address above.

This symposium was made possible through the financial support of The ACTEC Foundation, https://actecfoundation.org.

September 26, 2021 in Conferences & CLE | Permalink | Comments (0)

Sunday, August 15, 2021

The Future of Trusts and Estates: A Symposium in Honor of Sheldon F. Kurtz

The following is from an announcement provided to me by Prof. Thomas Gallanis of the University of Iowa College of Law:

You are invited to attend a Zoom symposium on “The Future of Trusts and Estates: A Symposium in Honor of Sheldon F. Kurtz”  The symposium, in honor of Shelly’s retirement, will be held by Zoom on Friday, September 10.  The schedule is below.  All times are Central Time.

Registration is free but required.  To register, please visit: https://uiowa.qualtrics.com/jfe/form/SV_6tlneudPWIYT5XM

We’ll send the Zoom link and meeting ID to registrants a few days before the event.

You are warmly welcome for all or part of the event.

With best regards,

Tom Gallanis

Symposium schedule – all times are Central Time

9:30   Welcome

9:45-10:45   Panel 1: The future of trusts and estates scholarship
               Naomi Cahn, University of Virginia
               Patricia Cain, Santa Clara University
               Thomas Gallanis, University of Iowa
               Robert Sitkoff, Harvard University

10:45-11:15   Break to avoid Zoom fatigue

11:15-12:15   Panel 2: The future of trusts and estates teaching
               David English, University of Missouri
               Susan Gary, University of Oregon
               Amy Morris Hess, University of Tennessee
               Sheldon Kurtz, University of Iowa

12:15-1:30   Break for lunch

1:30-2:45   Panel 3:  The future of trusts and estates practice
               Turney Berry, Wyatt Tarrant & Combs LLP, Louisville
               Mark Harder, Warner Norcross & Judd LLP, Holland, Michigan
               Carrie Harrington, Levenfeld Pearlstein LLC, Chicago
               Thomas Houser, Dentons Davis Brown, Des Moines
               Paul Morf, Simmons Perrine Moyer Bergman PLC, Cedar Rapids
               Margaret Van Houten, Dentons Davis Brown, Des Moines

2:45-3:00   Closing remarks
               Sheldon Kurtz, University of Iowa
               Thomas Gallanis, University of Iowa

August 15, 2021 in Conferences & CLE | Permalink | Comments (0)