Ethics of Asset Protection Planning (Live Replay)
Many forms of traditional estate planning, including the use of trusts and Family Limited Partnerships, are a form of asset protection planning and raise certain ethical issues for the planner. Asset protection planning is designed to put the assets beyond the reach of creditors or other claimants. It is a legitimate form of planning but is surrounded by gray areas where valid planning can lapse into illegitimate areas where creditors are deprived of their rights through arguably fraudulent transfers. This program will provide you a practical guide to the ethical landmines in asset protection planning, including a review of the applicable rules and regulations, potential ethical, civil and criminal liability, and best practices for avoiding liability, including diligence on clients.
- Ethics rules and regulations applicable to asset protection planning
- Ethical, civil and criminal liabilities
- Recent enforcement action by IRS and other government agencies
- Best practices for avoiding liability, including diligence on clients before planning
- Protecting against existing v. future creditors
Speakers:
Daniel S. Rubin is a partner in the New York office of Moses & Singer, LLP, where his practice concentrates on domestic and international estate and asset protection planning for high-net-worth individuals and their families. Additionally, he counsels clients on estate administrations and tax controversies, among many other matters. Mr. Rubin was recently recognized by Worth magazine as one of its “Top 100 Attorneys” in the nation for private clients and by Law & Politics magazine as a “New York Super Lawyer.” Mr. Rubin is a member of the Board of Directors of the Estate Planning Council of New York City and vice chair of the International Estate Planning Committee of the New York State Bar Association Trusts & Estates Law Section. He received his B.A. from George Washington University, his J.D. from Brooklyn Law School, and his LL.M. in taxation from New York University School of Law.
Jonathan E. Gopman is a partner in the Naples, Florida office of Cummings & Lockwood LLC, where his practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs. Mr. Gopman is the co-author of the revised version of the BNA Tax Management Portfolio on Estate Tax Payments and Liabilities. He is also a commentator on asset protection planning matters for Leimberg Information Services, Inc., a member of the legal advisory board of Commonwealth Trust Company in Wilmington, Delaware, and a member of the Society of Trust and Estate Practitioners. Mr. Gopman has been interviewed by Bloomberg Magazine, Forbes Magazine, Wealth Manager Magazine and Elite Traveler. In the December 2005 and 2007 issues of Worth Magazine Jonathan was recognized as one of the top one hundred estate planning attorneys in the United States. Mr. Gopman received his B.A. from the University of South Florida, his J.D. from Florida State University College of Law, and his LL.M. from the University of Miami.
