Wills, Trusts & Estates Prof Blog

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

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.

Speakers:

    • 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)

Monday, March 16, 2020

CLE on Building Asset Protection into Estate Plans

CLEThe National Business Institute is holding a webcast entitled, Building Asset Protection into Estate Plans, on Monday, April 6, 2020 from 9:00 AM - 4:00 PM Central. Provided below is description of the event.

Program Description

Effective and Compliant Ways to Shore up Creditor Protections

Guarding clients and their estates against creditors is a deep-rooted part of estate planning. Do you have all the knowledge and skills at your disposal to prevent frivolous creditor attacks and minimize asset vulnerabilities? This practical legal guide explores the most effective techniques available to trusts and estates practitioners today. Register today!

    • Accurately assess specific assets', income sources' and beneficiaries' risk of exposure.
    • Explore simple ways to protect clients from the biggest threats.
    • Learn how to use trusts and LLCs to strengthen creditor protections and build in flexibility.
    • Maximize the use of exempt assets to boost protections.
    • Understand what techniques work even after the death of the grantor.
    • Protect your professional reputation with a legal ethics guide tailored to the demands of the trusts and estates practice.

Who Should Attend

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

    • Course Content
    • Tax Rules Overview and Updates
    • Identifying Vulnerabilities and Common Mistakes That Expose Assets to Creditors
    • Simple Methods of Guarding Assets
    • Trusts in Wealth Preservation - Not Only for the Ultra-Rich
    • Using LLCs and Limited Partnerships
    • Timing of Asset Protection Efforts: Preventing Fraudulent Transfers and Other Considerations
    • Asset Protection Issues in Estate Administration
    • Legal Ethics

March 16, 2020 in Conferences & CLE, Disability Planning - Property Management, Estate Administration, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Sunday, March 8, 2020

CLE on Nonresident Investment in U.S. Real Estate: Tax Traps to Avoid

CLEThe American Law Institute is holding a webcast entitled, Nonresident Investment in U.S. Real Estate: Tax Traps to Avoid, Thursday, March 19, 2020 from 12:00 pm to 1:30 pm. Provided below is a description of the event.

Why You Should Attend

With financial centers around the world in turmoil, inbound investment into the United States continues, often into U.S. real estate. When foreigners invest in U.S. real property, however, there are a number of “tax traps” that can take away the benefit of an investment intended to be a safe haven.

In just 90 minutes, this webcast will cover some critical points in order to understand how to plan effectively for foreign investment into U.S. real estate, and provide guidance on how nonresident aliens can structure their investments to minimize income, gift, and estate tax exposure.

What You Will Learn

Two estate planners with extensive experience in cross-border tax planning and Fellows of ACTEC will discuss:

    • Income, gift, and estate taxation of NRAs as compared to U.S. citizens and residents
    • Challenges of the Foreign Investment in Real Property Tax Act (FIRPTA) and how to handle them
    • Comparison of different tax structures available to nonresident Aliens to hold U.S. real property
    • How 2017 tax reform has impacted real estate holding structures

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

Who Should Attend

Estate planners, tax advisors, and other related professionals will benefit from this CLE jointly offered by ALI CLE and ACTEC.

March 8, 2020 in Articles, Conferences & CLE, Current Events, Estate Planning - Generally, Estate Tax, Gift Tax, Income Tax, Travel | Permalink | Comments (0)

Sunday, March 1, 2020

CLE on Annual Probate and Estate Administration Conference in Pennsylvania

CLEThe National Business Institute is holding a conference entitled, Annual Probate and Estate Administration Conference in Pennsylvania, on Wednesday, April 22, 2020 at 9:00 AM - 4:30 PM at the Hilton Garden Inn Lancaster in Lancaster, Pennsylvania. Provided below is a description of the event.

The Latest Information for Handling Trusts and Estates

Probate and estates practice is in flux. Do you have all the current knowledge and tools you need? This practical legal course gives you the fundamental tax, legal and procedural guidance from experienced attorneys and probate court staff. Get an overview and crucial updates on laws and local procedures, tax planning and reporting, and key case law affecting trusts and estates. Register today!

    • Walk through the key estate procedures and get sample forms to help speed up the process.
    • Hear what probate court judges want you to know about top mistakes attorneys, trustees and executors make.
    • Get an overview of current aging and disability issues affecting your clients' estates.
    • Plan for and administer all types of assets, including digital, real estate and property in other states.
    • Ensure will validity at drafting and administration.
    • Get tax saving and reporting tips from the pros.
    • Review common trust issues at drafting and administration and get effective workarounds.
    • Guard your professional reputation with a legal ethics guide tailored to the trusts and estates practice.

Who Should Attend

This basic level seminar is designed for:

    • Attorneys
    • Accountants
    • Tax Professionals
    • Executors
    • Trust Officers
    • Paralegals

Course Content

    • Probate Judges Share Mistakes They've Seen
    • Affording Nursing Home Care and its Effects on the Decedent's Estate
    • New End-of-Life Options and the Effects of Voluntary Death on the Estate
    • Sale of Real Estate and Special Proceedings
    • Locating and Accessing All Assets Without the Traditional "Paper" Trail and Handling Digital Assets
    • New and Tricky Forms of Wills and Their Authenticatio
    • Determining Testator Capacity and Spotting Undue Influence
    • Tax Basis Reporting Requirements in Estate Administration
    • Tax Returns and Tax Saving Tidbits Under TCJA
    • IRA Beneficiary Designations and Inherited IRAs Update
    • Modifying Broken Trusts and Other Trust Management Conundrums Today
    • Legal Ethics Update

March 1, 2020 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Estate Tax, Gift Tax, New Cases, New Legislation, Professional Responsibility, Trusts, Wills | Permalink | Comments (0)

Tuesday, February 11, 2020

CLE on Advanced Estate Planning Practice Update: Winter 2020

CLEThe American Law Institute is holding a webcast entitled, Advanced Estate Planning Practice Update: Winter 2020, on Wednesday, February 26, 2020 at 12:00 PM to 2:00 PM Eastern. Provided below is a description of the event.

Why You Should Attend

Join us in February to see why attorneys across the country tune in for this must-attend program three times a year!

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. Topics to be addressed include:

    • Over 30 recent state and appellate court decisions addressing a wide range of topics, including: charitable gifts, asset transfers, gift tax liens, discretionary vs. support trusts, undue influence, trust amendments, conservation easements, and much more
    • PLRs 201941008-23, 201943020, 201947001, and 201947007
    • The SECURE Act
    • §2010(c) Final Regulations
    • Prop. §170(c) SALT credits

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.

February 11, 2020 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Gift Tax, Income Tax, New Cases, New Legislation, Trusts | Permalink | Comments (0)

Thursday, February 6, 2020

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

CLEThe National Business Institute is holding a webcast entitled, Estate Planning: New Laws That Make Old Tools Obsolete, on Thursday, March 12, 2020 at 10:00 AM to 5:00 PM 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 and analysis 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

    • The Impact of the Tax Cuts and Jobs Act on Estate Planning - Revisited
    • Old Small-to-Medium Sized Estate Tools and How to Update Them
    • Large Estate Techniques That No Longer Work and What to Replace Them With Reassessing Gifting Strategies
    • The End of the IRA Stretch? Planning for IRAs in Light of Recent and Proposed Legislation
    • Building in the Potential Need for Nursing Home Care and Medicaid Planning
    • Charitable Giving and Donor-Advised Funds: Traditional Concepts, New Rules, and Trends
    • Using the I.R.C. 199A (QBI) Deduction
    • Reviewing Estate Planning Documents and Fixing Old Trusts
    • Legal Ethics in Estate Planning

February 6, 2020 in Conferences & CLE, Current Events, Estate Planning - Generally, New Legislation | Permalink | Comments (0)

Thursday, January 23, 2020

CLE on Anticipating Will Contests and How to Avoid Them

CLEThe American Law Institute is holding a webcast entitled, Anticipating Will Contests and How to Avoid Them, on Tuesday, March 3, 2020 at 1:00 – 2:00 pm Eastern. Provided below is a description of the event.

Why You Should Attend

Estate planners must always be on guard when drafting documents which may supply incentive for someone to contest a will. Anytime an individual would take more through intestacy or under a prior will, the potential for a will contest exists, especially if the estate is large.

What You Will Learn

Estate planners need to be able to recognize situations which are likely to inspire a will contest and take steps during the drafting stage to reduce the probability of a will contest action and the chances of its success. Join us for this 60-minute webcast that will examine:

    • Reasons to anticipate a will contest
    • Techniques to avoid contests
    • What provisions and language work best
    • Purposes and preparation of a will execution ceremony
    • Ante-mortem probate: Advantages and disadvantages

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.

January 23, 2020 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Wills | Permalink | Comments (0)