Wills, Trusts & Estates Prof Blog

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

Thursday, June 18, 2020

ALI CLE Estate Planning in Depth Webinars

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

Estate Planning in Depth A

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

Hot Topics in Charitable Giving — Lawrence P. Katzenstein

10:05 - 11:05 a.m.

IRA Planning & SECURE Act — Svetlana Bekman

11:10 a.m. - 12:10 p.m.

Electronic Wills and Digital Assets — Suzanne Brown Walsh

Estate Planning in Depth B

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

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

10:05 - 11:05 a.m.

Pot Trusts and Trustee Discretion — Bruce Stone

11:10 a.m. - 12:10 p.m.

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

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

Monday, June 1, 2020

46th Annual Notre Dame Tax & Estate Planning Institute

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

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

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

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

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

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

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

CLE on Advanced Estate Planning Practice Update

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

Why You Should Attend

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

What You Will Learn 

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

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

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

Who Should Attend

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

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

Monday, May 18, 2020

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

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

Why You Should Attend

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

What You Will Learn

Topics include:

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

• Charitable lead annuity trusts

• 2020 valuations

• Low interest notes and sales

• Refinancing notes

• Charitable giving

• Gifts of depressed assets

• Disclaimers as a hedge

• Why high volatility means higher discounts

• Spreading out transfers of gifts, GRATs, and sales

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

Who Should Attend

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

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

Friday, May 1, 2020

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

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

 Intersectionality, Aging, and the Law

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

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

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

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

Sunday, April 19, 2020

CLE on Electronic Wills: Recent Developments, State Legislation, the New Uniform Electronic Wills Act, and More

CLEThe American Law Institute is holding a webcast entitled, Electronic Wills: Recent Developments, State Legislation, the New Uniform Electronic Wills Act, and More, on Monday, April 20, 2020 at 1:00 - 2:00 pm Eastern. Provided below is a summary of the event.

Why You Should Attend

The “electronic wills” movement has become a hot topic in recent years and continues to stir debate while gaining cautious acceptance. Further, the Uniform Electronic Wills Act was recently approved by Uniform Law Commission and is now ready for consideration by the states. What is meant the term electronic will? What are the reasons behind this movement and what are the controversial elements associated with electronic wills?

What You Will Learn

Electronic wills are gaining wider acceptance as more states permit wills and other estate planning documents to be signed entirely electronically. Join us for a 60-minute webcast to find out the latest developments involving electronic wills, and the opportunities and risks associated with signing estate planning documents electronically.

Our faculty have been closely involved in the electronic wills movement for years and will discuss:

- Fundamental Elements of Will Statutes

- Factual Scenarios from Actual Electronic Will Cases

- Types of Electronic Wills

- Legal, Technological, and Market Factors Influencing the Electronic Wills Movement

- Legislative Activity in the United States

- The Uniform Electronic Wills Act

- How States are Responding to Proposed Legislation

- Perspectives on the Impact of Electronic Wills Movement on Professional Practices

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

Who Should Attend
Estate planning and financial planning professionals will benefit from our experienced panelists’ insights as to where the law may be headed and how the electronic wills movement might impact their professional practice.

April 19, 2020 in Conferences & CLE, Current Affairs, Disability Planning - Health Care, Disability Planning - Property Management, Estate Planning - Generally, Technology, Wills | Permalink | Comments (0)

Thursday, April 9, 2020

CLE on International Tax Reporting for Estate Planners

CLEThe American Bar Association Section of Real Property, Trust & Estate Law is holding a webinar entitled, International Tax Reporting for Estate Planners, on Thursday, May 7, 2020 at 1:00 pm EDT. Provided below is a description of the event.

Join Barbara Kaplan, Co-Chair of Greenberg Traurig's Global Tax Practice, Karen Brodsky, lead partner of Deloitte's US International Private Wealth Tax Practice, and Rosemary Sereti, Managing Director with Deloitte's Washington National Tax and Tax Controversy Practices Groups, as they walk registrants through these important reporting requirements.


    • Karen Brodsky, Deloitte, New York, NY
    • Barbara Kaplan, Greenberg Traurig, New York, NY
    • Rosemary Sereti, Deloitte, Washington, DC

The ABA will seek 1.5 hours of CLE credit in 60-minute states and 1.8 hours of CLE credit for this program in 50- minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Please visit americanbar.org/mcle for general information on CLE at the ABA.

April 9, 2020 in Conferences & CLE, Estate Planning - Generally, Income Tax | Permalink | Comments (0)

Saturday, March 28, 2020

CLE on Adult Guardianships: How to Bring and Defend an Action

CLEThe American Law Institute is holding a webcast entitled, Adult Guardianships: How to Bring and Defend an Action, Tuesday, April 28, 2020 from 12:00 to 1:30 PM Eastern. Provided below is a description of the event.

Why You Should Attend

Guardianship is a valuable tool for enabling one person to make decisions on behalf of someone incapacitated or disabled. The potential need to establish adult guardianships may be more in demand in the future as the baby boomer generation continues to age and individuals with developmental disabilities reach adulthood.

In just 90 minutes, this webcast provides a valuable opportunity to learn the essentials of adult guardianship practice, including how these cases are brought and the various factors that practitioners need to take into account when bringing or defending a guardianship action.

What You Will Learn

Taught by experienced estate planners and ACTEC Fellows, this webcast explores the essential aspects of an adult guardianship, including:

    • Whether a guardianship is necessary
    • Full plenary vs. limited guardianship
    • How the initial pleadings might vary depending on whether it appears that the guardianship action will be unopposed or contested
    • The role of the court appointed attorney and how counsel should deal with the court appointed attorney
    • When a guardian ad litem should be requested and what standards the court should use in determining whether to appoint one
    • How the role of the guardian ad litem differs from the role of the court appointed attorney
    • The evidentiary standard for proving that an alleged incapacitated person lacks capacity
    • What factors the court takes into account when choosing the person to serve as guardian
    • Pros and cons of having a professional guardian serve as opposed to a family member or friend of the incapacitated person
    • Abuses in the guardianship system

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


Who Should Attend

Estate planners and those practicing in elder law will benefit from this CLE on adult guardianships jointly offered by ALI CLE and ACTEC.

March 28, 2020 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Guardianship | Permalink | Comments (0)

Wednesday, March 25, 2020

CLE on Medicaid: Qualifying Clients for Immediate Care and Protecting Assets

CLEThe National Business Institute is holding a webcast entitled, Medicaid: Qualifying Clients for Immediate Care and Protecting Assets, on Friday, April 17, 2020 at Central: 9:00 AM - 4:00 PM. Provided below is the description of the event.

Program Description

Helping Clients Secure Nursing Home Coverage Without Destroying Family Assets

Medicaid planning is most effective when done ahead of time. Sadly, most clients seek help when the need for nursing home is urgent or when the loved one is already in the facility. Do you have all the tools at your disposal for tackling such tough cases? This practical guide zeroes in on the very techniques that work in the crisis situations - when the penalty period is already triggered or care is already being provided. Learn what asset transfer approaches are still available and how to make certain to protect family assets. Help clients make the best of a tough situation. Register today!

    • Clarify what types of asset transfers will NOT trigger penalty periods of ineligibility.
    • Get all the tools you need to provide for the spouse staying in the community.
    • Draft caregiver agreements that are sure to qualify for Medicaid compensation.
    • Learn what can still be done with an adverse Medicaid decision.
    • Protect the family home with techniques tailored to specific family dynamics and circumstances.

Who Should Attend

This Medicaid planning guide is designed for attorneys. It will also benefit nursing home administrators, accountants, geriatric care managers, care coordinators, social workers and paralegals.

Course Content

    • What Happens in an Emergency Medical Situation
    • Asset Purchase and Transfer Strategies
    • How to Transfer a Residence
    • Using Promissory Notes to Help Clients Currently in the Nursing Home
    • Life Care Contracts Between Parents and Children
    • Contesting Denial of Benefits, Penalty Period Dates and Other Adverse Medicaid Decisions
    • Providing for the Community Spouse
    • Legal Ethics in Medicaid Practice
    • Emergency Medicaid for Non-Qualified Non-Citizens and Undocumented Individuals

March 25, 2020 in Conferences & CLE, Disability Planning - Health Care, Disability Planning - Property Management, Elder Law, Estate Planning - Generally, Professional Responsibility | Permalink | Comments (0)

Thursday, March 19, 2020

CLE on Financial Exploitation of the Elderly: Estate Plan Strategies to Protect You and Your Client

CLEThe American Law Institute is holding a webcast entitled, Financial Exploitation of the Elderly: Estate Plan Strategies to Protect You and Your Client, on Wednesday, March 25, 2020 at 1:00 – 2:30 pm Eastern. Provided below is a description of the event.

Why You Should Attend

Financial exploitation of vulnerable adults is not a new phenomenon. Exploitation of and by prominent celebrities such as Brooke Astor, Anna Nicole Smith, and Stan Lee has shined a spotlight on financial exploitation, bringing it increased attention among practitioners, lawmakers, and Congress. Sadly, this kind of exploitation is not going away. In fact, its prevalence will likely increase because perpetrators are becoming more sophisticated, leveraging technological advances to exploit their victims. Prepare yourself and protect your client with an estate plan that hopes for the best in people but insulates you both from the worst in people. You will learn how to do this and more with the teachings in this webcast.

What You Will Learn

During this webcast, our expert faculty will talk about the planning instruments that will protect your client from financial exploitation, provide you with ethically permissible mechanisms to stop and reverse financial exploitation, without compromising your relationship with your client. Topics of discussion include:

    • Congressional efforts on elder abuse, including funding of state Adult Protective Services (APS), amendments to the Older Americans Act (OAA), and effects of the 2018 federal budget on available services
    • Understanding and identifying victim profiles
    • Discussion of typical scam scenarios
    • More sophisticated exploitation vehicles: power of attorney abuses, mortgage scams, and home maintenance sources
    • Spotting your clients’ indicators of financial exploitation
    • The engagement letter: Identifying the client and taking direction from the client under Model Rule 1.2
    • Prevention planning: disability planning, benchmarking capacity periodically to comply with Model Rule 1.14, and permissible disclosures under Model Rule 1.6 when incapacity is suspected
    • Handling financial exploitation in the absence of a power of attorney or health directive
    • Using guardianships and conservatorships and important considerations under the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act (UAGPPJA)

Who Should Attend

Estate planners, elder lawyers, and general practitioners who handle the affairs of the elderly will benefit from this ALI CLE webcast.

March 19, 2020 in Conferences & CLE, Current Affairs, Disability Planning - Property Management, Elder Law, Guardianship, Professional Responsibility | Permalink | Comments (0)