Wills, Trusts & Estates Prof Blog

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

Tuesday, April 23, 2019

Trying Times: Conservation Easements and Federal Tax Law

Conservation_easementTrying Times: Conservation Easements and Federal Tax Law
Friday, May 3, 2019 -- 8am-Noon PT/9:00am-1pm MT/10:00am-2:00pm CT/11:00am-3:00pm ET

Interested in hearing from the IRS and national experts about recent court cases, IRS guidance, and DOJ actions involving conservation easements? This program will address the most salient federal tax law issues impacting conservation easement transactions today. Attend in person or tune in online. Both in-person and online attendees will have the opportunity to pose questions to the IRS representative and other expert panelists. This program will benefit land trusts, government agencies, landowners, attorneys, judges, appraisers, CPAs, academics, and anyone else with an interest in conservation easements. Click here for more information »

Panelists

  • Karin Gross, Special Counsel, IRS Office of Chief Counsel, Washington D.C.
  • Stephen J. Small, Esq., Law Office of Stephen J. Small, Esq., P.C., Newton, Massachusetts
  • Mark Weston, Appraiser, AQB Certified USPAP Instructor, and Director, Division of Conservation, Colorado Dept. of Regulatory Agencies
  • Nancy A. McLaughlin, Robert W. Swenson Professor of Law, University of Utah S.J. Quinney College of Law
  • Wendy Fisher, Executive Director, Utah Open Lands

Register online >>

$100 Attorney, Appraiser, CPA
$30 Nonprofit, Government, Academic, Landowner, General Public
$10 Students

3.5 hours Utah CLE (pending). Utah online attendees will need to apply for self-study CLE credits. For CLE in other states, or for continuing education credits from other professional associations, attendees should apply directly to the associations.

This program is a special installment of Utah Open Lands’ Gaining Ground Seminars, in partnership with University of Utah S.J. Quinney College of Law.

Sponsored by the Cultural Vision Fund and in cooperation with the Wallace Stegner Center.

April 23, 2019 in Conferences & CLE | Permalink | Comments (0)

Thursday, April 18, 2019

CLE on Final Accounting in Estate Administration

CLEThe National Business Institute is holding a teleconference entitled, Final Accounting in Estate Administration, on Wednesday, April 24th, at 12:00 P.M. to 1:30 P.M. Central. Provided below is a description of the event.

Program Description

Wrap Up Your Client's Estate Administration Quickly and Effectively

Once all the vital documentation is compiled and the creditors appeased, it's time to lay the decedent's affairs to rest. Do you have the knowledge and skill to distribute assets and file the final tax return to close the door on any future disputes and litigation? Our straightforward instruction will help you ensure thorough accounting and settlement of the estate and fair final distribution to heirs. Register today!

  • Find out how to speed up final accounting by getting started early in estate administration.
  • Learn how to properly record all receipts in the final accounting.
  • Gain confidence in handling the most common problems related to disbursements.

Who Should Attend
This course is designed for attorneys. Accountants, trust officers, estate planners, and tax advisers may also benefit from attending.

Course Content

  • Starting the Accounting at the Outset
  • Closing the Estate - The Options
  • Final Accounting: What is Included
  • Service Requirements
  • Final Tax Returns
  • Mishaps to Avoid

April 18, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Estate Tax, Trusts, Wills | Permalink | Comments (0)

Wednesday, April 17, 2019

CLE on For Better or for Worse: Spousal Rights in Retirement Plans

CLEThe American Law Institute is holding a webcast entitled, For Better or for Worse: Spousal Rights in Retirement Plans, on Tuesday, May 14, 2019, from 12:00 – 1:30 p.m. Eastern. Provided below is a description of the event.

Why You Should Attend
While the available tax incentives motivate more and more people to hold substantial wealth in qualified plans and individual retirement accounts, many plan participants don’t understand how the distributions work or how to pass that tax benefit on to their beneficiaries. Who can be a designated beneficiary? How do the distribution options change for beneficiaries that are spouses vs. non-spouses? What happens when the account owner is divorced or remarried?

In this 90 minute webcast, we’ll explore how spousal rights to retirement plans can vary from state to state and what your clients can to do ensure that their assets go to their intended party.

What You Will Learn
The presenters, all highly experienced estate planning practitioners and Fellows of the American College of Trust and Estate Counsel (ACTEC), will review:

The impact of Windsor and Obergefell on retirement plan benefits in same-sex unions
Spousal rights in retirement plans subject to ERISA
How spousal rights can vary considerably among the common law and community property states
ERISA preemption of state laws
Case studies illustrating spousal rights in both common law and community property states
Best practices in planning to maximize chances that clients’ intended outcome will occur

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

Who Should Attend
All estate planners and employee benefits practitioners will benefit from attending this webcast from ALI CLE and ACTEC.

April 17, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, New Cases, Non-Probate Assets | Permalink | Comments (0)

Monday, April 1, 2019

CLE on Asset Protection Planning for Medicaid and Veterans Benefits: Tips, Strategies, and Ethical Issues for Estate Planners and Advisors

CLEThe American Law Institute is holding a webcast entitled, Asset Protection Planning for Medicaid and Veterans Benefits: Tips, Strategies, and Ethical Issues for Estate Planners and Advisors, on Thursday, ‎April ‎25, 2019 from 12:30 – 2:00 pm Eastern. Provided below is a description of the event.

Why You Should Attend
Your clients will have questions about how Medicaid asset protection factors into estate planning. Make sure you know the answers.

With about 10,000 Baby Boomers turning 65 each day and the Baby Boomer population representing nearly 20 percent of the American public, Medicaid asset protection is becoming an increasingly critical component of estate planning, especially for disabled or elderly individuals. According to the U.S. Department of Health and Human Services, "Someone turning age 65 today has almost a 70 percent chance of needing some type of long-term care services and supports in their remaining years" and about 40 percent of aging individuals will need nursing facility care.

Although Medicaid can cover nursing home costs, inadequate planning can easily wipe out your client’s life savings. And for a client (or client’s spouse) who served in the U.S. military, veterans pension benefits (often called Aid and Attendance) can be a valuable supplement, but new veterans pension rules make it more difficult to qualify for long-term care benefits.

What You Will Learn
Join us for this 90-minute teleseminar, presented by one of the top elder law experts in the country, to explore the options and identify the right strategies for your clients.

Topics to be covered include:

    • Assessing clients' needs
    • Ways to pay for long-term care
    • The Medicaid lookback period and transfer rules
    • Medical eligibility
    • Veterans aid and attendance: The new rules
    • The 10 most common Medicaid myths
    • The ethics of Medicaid planning (ABA Model Rules 1.7, 1.8(f), and 1.14) (approx. 30 minutes)
    • Using irrevocable trusts for Medicaid and veterans planning
    • Practice tools

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
Who should attend: Estate planning attorneys, elder law practitioners, CPAs, and financial advisors

April 1, 2019 in Conferences & CLE, Current Affairs, Disability Planning - Health Care, Disability Planning - Property Management, Estate Planning - Generally | Permalink | Comments (0)

Tuesday, March 26, 2019

CLE on Unexpected Troubles When a Client Dies: Resolving Issues and Conflicts at the Time of Death

CLEThe New York Bar is holding conference entitled, Unexpected Troubles When a Client Dies: Resolving Issues and Conflicts at the Time of Death, on Monday, April 8, 2019 from 6:00 p.m. to 8:30 p.m. at the New York City Bar in New York City, New York. Provided below is a description of the event.

Trust & estates attorneys, elder law attorneys, and others who counsel older or disabled clients need to be familiar with unexpected problems that can happen when a client dies and family conflicts arise about funeral and other decisions they must make. What must you do and what can you do to enable your clients, their family and friends, to make the best decisions when they don’t all agree? This non-denominational panel discussion will address key legal, ethical, and practical questions, such as:

  • Who has decision making authority
  • What is the role of the funeral director
  • Deaths at home and what needs to be done
  • Formalities of making decisions and challenging them
  • Decisions concerning autopsy
  • Issues that may result from varying religious beliefs
  • Mechanisms to avoid or resolve disputes
  • Legal documents which could be helpful

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

March 26, 2019 in Conferences & CLE, Death Event Planning, Elder Law, Estate Planning - Generally, Religion | Permalink | Comments (0)

Wednesday, March 20, 2019

CLE on Tax Treatment of Crytpocurrencies: What You Need to Know

CLEThe American Law Institute is holding a webcast entitled, Tax Treatment of Crytpocurrencies: What You Need to Know, on Friday, April 5th, 2019 from 1:00 - 2:00 p.m. Eastern. Provided below is a description of the event.

Why You Should Attend
There’s a lot of buzz surrounding cryptocurrency as digital currency platforms gain acceptance for business transactions. There’s also an equal amount of confusion around how to treat cryptocurrencies for federal income tax purposes. Although the IRS has offered some guidance treating some cryptocurrencies as property, the buying, selling, and trading of cryptocurrencies, such as Bitcoin, for investment can still raise a lot of questions. The increasing use of digital money has resulted in new ways to acquire and use cryptocurrency, which raises further challenges. Legal counsel, tax advisers, and compliance professionals must fully understand the tax obligations to meet these compliance challenges.

What You Will Learn
Even though the IRS classifies all cryptocurrencies as property, there is still widespread uncertainty over the more complex factors when determining tax liability. Join us for this 60-minute webcast that focuses on the taxable events of cryptocurrencies and compliant reporting issues, including:

• Virtual currency tax compliance issues
• IRS Notice 2014-21: What is and isn’t addressed
• Tax treatment of Forks and Airdrops
• Token offerings and SAFTs
• Reporting obligations

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

Who Should Attend
This program is for any lawyer or accountant who is looking for a deeper understand of the tax obligations for cryptocurrencies.

March 20, 2019 in Conferences & CLE, Current Affairs, Estate Administration, Estate Planning - Generally, Technology | Permalink | Comments (0)

Monday, March 11, 2019

CLE on Estate Tax Return Preparation

CLEThe American Bar Association is presenting a webcast entitled, Estate Tax Return Preparation, on Thursday, April 25, 2019 from 1:00 - 2:30 PM Eastern. Provided below is a description of the event.

This session provides a practical understanding of the issues involved in preparing the federal estate tax return. This course will give you the skills you will need to use the Form, when and how to claim unused DSUE, GST Tax Issues, and special valuations and elections.

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

March 11, 2019 in Conferences & CLE, Current Events, Estate Planning - Generally, Estate Tax | Permalink | Comments (0)

Sunday, March 3, 2019

CLE on Planning for Persons with Disabilities: Recent Development and Continued Challenges

CLEThe American Law Institute is holding a webcast entitled, Planning for Persons with Disabilities: Recent Development and Continued Challenges, on Tuesday, April 9, 2019 at 12:00 - 1:30 p.m. Eastern. Provided below is a description of the event.

Why You Should Attend
Planning for persons with disabilities presents myriad challenges. To add to those complications, the Program Operations Manual System (POMS) – the Social Security Administration’s policy manual for evaluating special needs trusts (SNTs) -- underwent a rewrite in 2018, substantially changing the rules for SNT administration.

In this 90 minute webcast, our faculty will explain the changes made and how they affect the way planners draft their documents, the ways a SNT Trustee will be performing their duties in the future, and the practical applications of these new rules to different factual scenarios.

What You Will Learn
The presenters, both highly experienced estate planning practitioners and Fellows of the American College of Trust and Estate Counsel (ACTEC), will review:

    • the critical distinctions between “first-party” and “third-party” SNTs
    • the 2018 updates to the rules of the Social Security Administration regarding the establishment and administration of compliant SNTs
    • the ABLE Account -- the newest tool in the planner’s arsenal that supplements (but does not replace) SNTs
    • the “network” of SNTs that comprise a comprehensive Special Needs Plan and the team of “allied professionals” that work together to implement the Plan
    • additional advanced planning challenges

Who Should Attend
All estate planners with disabled clients or clients with a family member that has special needs should attend this webcast from ALI CLE and ACTEC.

March 3, 2019 in Conferences & CLE, Current Affairs, Disability Planning - Health Care, Disability Planning - Property Management, Estate Administration, Trusts | Permalink | Comments (0)

Friday, February 15, 2019

CLE on Decanting Trusts: Possibilities, Pitfalls, Tax Consequences, and Fiduciary Duties

CLEThe American Law Institute is holding a webcast entitled, Decanting Trusts: Possibilities, Pitfalls, Tax Consequences, and Fiduciary Duties, on Wednesday, ‎March ‎13, 2019. Details of this presentation are not yet available; please check back two weeks before the program date for more details. 

 

February 15, 2019 in Conferences & CLE, Current Events, Estate Administration, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Sunday, February 10, 2019

CLE on Digital Assets in Estate Administration

CLEThe National Business Institute is holding an auto webinar entitled Digital Assets in Estate Administration, on Monday, March 25, 2019, from 12:00 PM - 3:15 PM Central. Provided below is a description of the event.

Processes, Procedures and Legal Pitfalls
As our online lives continue expanding exponentially, your clients accumulate more and more digital assets. Some of these assets add significant financial value to the estate, some have purely sentimental value to the heirs, but all can easily slip through the cracks without the proper knowledge. Make sure the digital life your client spent so many years compiling is left to loved ones instead of being lost in cyberspace forever - register today!
Learn how to correctly incorporate digital assets into your client's estate plan, such as electronic tax returns, E-bank accounts and PayPal accounts.
Explore the ins and outs of the Terms of Service agreements you'll need to understand to gain access to the clients' data.
Understand which digital assets are often lost at death - online bank accounts, emails, domain names, etc.
Get practical tips for retrieving online information if no provisions have been made to transfer access.

Who Should Attend
This legal program is designed for attorneys looking to increase their knowledge of probate and estate planning. It will also benefit accountants and paralegals.

Course Content
Online Assets and Information at Issue
Post-Mortem Searches and Account Access
Digital Assets with Monetary Value in Estate Administration
Business Digital Assets in Estate Administration
Lessons From States Adopting Uniform Fiduciary Access to Digital Assets Act

February 10, 2019 in Conferences & CLE, Estate Administration, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0)