Course1

LIVE REPLAY: Trust and Estate Planning for Pets

$59.00

Providing for the care of pets is, for some clients, their most urgent estate and trust priority.  These clients want to ensure that, after their own deaths, their pets are looked after in a safe and secure environment.  But the law is unclear in this area – there are few familiar planning patterns to follow in this area.The challenge for the planner is to create new structures to achieve these goals, including choosing standards for caregivers and trustees, drafting distribution provisions, and providing for the disposition of the remains of pets.This program will provide you with a practical guide to the estate and trust planning for pets and other animals, including drafting trusts, fiduciary standards, and distribution provisions.   Legal and practical framework for estate and trust planning for pets and other animals Traditional trusts v. statutory trusts – advantages and disadvantages of each Drafting standards for caregivers and trustees, and understanding the relationship between the two Distributions to caregivers for the pet and for themselves Designation of remainder beneficiary or trust, terminating the trust, and final disposition of pets or other animals   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/5/2023
    Presented
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Course1

2023 Trust and Estate Planning Update

$59.00

This annual program will provide you with a wide-ranging on important developments impacting your estate and trust planning practice. The program will provide a discussion of recent case law, regulatory developments and IRS rulings related to beneficiary creditor protections, basis planning, qualified small business stock, deductions for pass-through income, limits on state taxation of non-grantor trusts, and much more. The program will discuss the changing dynamic of trust and estate planning practice.  This annual program will provide you with a practical review of developments impacting your trust and estate planning practice. Impact of recent tax law on trust and estate planning Review of significant letter rulings, case law, and regulatory developments Fiduciary litigation trends Review of legislative proposals, including impact of election Speakers: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.   Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.   Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/6/2023
    Presented
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Course1

LIVE REPLAY: The Art and Science of Conditional Gifts in Estate Planning

$59.00

In formulating their trust and estate plans, clients often want to set up benchmarks of achievement before distributions or gifts are made. These benchmarks often involve educational attainment – i.e., that a child obtain a college degree by a certain.  But they may involve more difficult to measure benchmarks or life goals that are arguably not appropriate – i.e., that a child marry or have children of their own by a certain age.  Conditional gifts can easily lead to resentments among beneficiaries, questionable enforceability, disputes, and fiduciary litigation.  This program will provide you with a practical guide to conditional gifting using incentive trusts and other mechanisms, and counseling clients about the real limits and risks of conditional gifting.   Conditional gifting using incentive trusts and other mechanisms Establishing objectively measurable conditions for gifts or distributions Types of conditions or benchmarks – education, life goals, etc. What’s enforceable, what’s not – counseling clients about limits Choosing the right fiduciaries to administer conditional gifts/incentive trusts   Speaker: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/9/2023
    Presented
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Course1

Talking About Wealth Transfer Plans: Practical Strategies to Avoid Disputes Among Beneficiaries

$59.00

Transferring wealth often unearths long-deferred issues that may complicate or even subvert the best laid trust and estate plans. Heirs may have expectations about their inheritance that are unrealistic. Certain children may expect to take control of a family business. There are often interpersonal resentments or animosities among children of different marriages. Sometimes, too, there are children from a relationship that was previously unknown.  These and many other issues need to be explored before plans are formulated and documents drafted.  But raising these issues is a very delicate conversation which sometimes takes lawyers to the edge of their comfort zone. This program will provide you a practical guide to raising these issues and counseling clients about the legal issues involved.    Communicating wealth transfer plans before the death of a client When to have those conversations – timing is everything How to broach uncomfortable topics and pose unpopular choices Anticipating visceral reactions and strategies to avoid estrangement and dispute How trustee choices may impact beneficiary reactions   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/13/2023
    Presented
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Course1

Domestic Asset Protection Strategies for Trust and Estate Planners

$59.00

Though asset protection planning often seems to be the province of off-shore trusts available to only a limited range of clients, in fact asset protection planning utilizes a wide range of domestic planning vehicles, tools, and techniques that are of great value to many clients.  Exemption planning allows clients to preserve real estate and other forms of property against claims of creditors and tort claimants. Retirement plans, annuity and insurance contracts, properly structured and held, also provide creative solutions to protect assets.Each of these vehicles and techniques comes with risks that must be carefully explored, explained and hedged.  This program will provide you with a practical guide to utilizing domestic asset protection techniques to achieve client goals in trust and estate planning.   Asset protection with self-settled trusts, single member LLCs, and other entities Use of retirement fund accounts and plans to shield assets Strategies using annuity and insurance products to preserve assets Planning to maximize “exempt” assets under federal & state bankruptcy and creditor laws Risks and penalties if certain transfers are deemed fraudulent conveyances   Speaker: Jonathan E. Gopman is the managing partner of the Naples, Florida office of Akerman. LLP, where his practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs.  He is co-author of the revised version of the BNA Tax Management Portfolio “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. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/11/2023
    Presented
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Course1

LIVE REPLAY: Trust in Estate Planning in 2023: A Year of Change & Challenge

$59.00

Trust and estate planning in 2023 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty of 2022.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer is a Partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He is an Executive Council member of the Real Property, Probate and Trust Law Section of the Florida Bar and the Articles editor, Trust and Estate, for Probate & Property Magazine. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/17/2023
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning for Second Marriages

$59.00

Second marriages pose a wide range of planning challenges.  Planning for the equitable distribution of property in “blended” families – children or grandchildren from a prior marriage, a second spouse, and perhaps children from the second marriage – is fraught with legal and emotional landmines well beyond customary tax planning.  Failure to carefully consider objectives and consequences and to communicate and execute plans can easily leave a client’s estate exposed to open and raw disputes among competing heirs and eventually to destructive fiduciary litigation. This program will provide you with a guide to the practical, substantive and tax aspects of planning for clients with second marriages and blended families.   Emotional context of planning for remarried clients and blended families Use of pre-marital agreements to spot contentious issues, align interests, and decrease post-mortem litigation Income tax planning issues for the second marriage, including exemptions and credits Use of trusts and gifting to prevent unjust enrichment of one branch of a blended family Traps and opportunities with retirement benefits Post-mortem planning techniques when the first spouse dies – and issues on the “second death”   Speakers:  Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.   Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/21/2023
    Presented
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Course1

LIVE REPLAY: Domestic Asset Protection Strategies for Trust and Estate Planners

$59.00

Though asset protection planning often seems to be the province of off-shore trusts available to only a limited range of clients, in fact asset protection planning utilizes a wide range of domestic planning vehicles, tools, and techniques that are of great value to many clients.  Exemption planning allows clients to preserve real estate and other forms of property against claims of creditors and tort claimants. Retirement plans, annuity and insurance contracts, properly structured and held, also provide creative solutions to protect assets.Each of these vehicles and techniques comes with risks that must be carefully explored, explained and hedged.  This program will provide you with a practical guide to utilizing domestic asset protection techniques to achieve client goals in trust and estate planning.   Asset protection with self-settled trusts, single member LLCs, and other entities Use of retirement fund accounts and plans to shield assets Strategies using annuity and insurance products to preserve assets Planning to maximize “exempt” assets under federal & state bankruptcy and creditor laws Risks and penalties if certain transfers are deemed fraudulent conveyances   Speaker: Jonathan E. Gopman is the managing partner of the Naples, Florida office of Akerman. LLP, where his practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs.  He is co-author of the revised version of the BNA Tax Management Portfolio “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. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/26/2023
    Presented
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Course1

Trust and Estate Planning for Firearms

$59.00

Many clients hold firearms in their estates.  These firearms – shotguns, rifles, pistols or others guns – may have been long held in their families and hold sentimental value. These firearms may also be quite valuable. Clients wanting to pass these firearms to their heirs, however, are subject to a significant and growing body of law regulating the transfer of firearms, even as part of a testate transfer. These are no ordinary assets that can be transferred easily like other personal property. In fact, in the absence of strict adherence to a body of law, the estate’s executor, a trust’s trustee, or the estate planner himself or herself, as well as the transferee, may be subject to substantial fines or even imprisonment.  This program will provide you with a real-world guide to risks of and best practices for transferring firearms as part of a trust and estate plan.   Framework of gun law and how it impacts trust and estate planning Drafting “Gun Trusts” to transfer firearms & comply with National Firearm Act Planning for death and incapacity of firearm owners Potential substantial fines and jail time for estate planners, executors, and trustees Special issues in probate, trustee selection, and constructive control of firearms   Speaker: Lee-ford Tritt is a law professor and member of the graduate tax faculty at the University of Florida College of Law in Gainesville, where he teaches trust and estate planning. He is also the director of the Center for Estate Planning and director of the Estate Planning Practice Certificate Program.  He is a Fellow of the American College of Trust and Estate Counsel and the vice president of the American Association of Law Schools’ Trusts & Estates Division.  In addition, He serves as vice chair of the ABA Real Property Trusts & Estates Law Section’s Outreach Committee as well as a chair of a committee for the Non-Tax Estate Planning Considerations Group.  Before joining the College of Law, he practiced at Davis, Polk & Wardwell and Milbank Tweed in New York City.  Professor Tritt earned his B.A. from the University of the South, his J.D. from New York University School of Law, and his LL.M. in taxation from the New York University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/1/2023
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning Issues in Divorce

$59.00

Martial separation and divorce are times fraught with emotion, but also fraught with financial decisions that have a major estate, trust and tax implications.  Transfers pursuant to divorce are generally tax-deferred.  But there are many complications, including the transfer of property over time or where the value may not be known, the assumption of debts, the treatment of income held in trust, and also complex issues of beneficiary designations in retirement plans and insurance contracts. If not properly planned, these transfers can have substantially adverse and often unanticipated consequences.  Thus program will cover major issues in trust and estate planning for divorce.   Treatment of income from and property held in trust on divorce Traps surrounding beneficiary designations on retirement benefits and insurance contracts Opportunities for post-nuptial agreements to resolve lingering disputes Issues related to the sale or transfer of personal residences Income tax issues when property and debt are separated in divorce Health care issues for children, including insurance for the divorcing spouse Educational expenses for children over time   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer is a Partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He is an Executive Council member of the Real Property, Probate and Trust Law Section of the Florida Bar and the Articles editor, Trust and Estate, for Probate & Property Magazine.

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/16/2023
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning Issues in Divorce

$59.00

Martial separation and divorce are times fraught with emotion, but also fraught with financial decisions that have a major estate, trust and tax implications.  Transfers pursuant to divorce are generally tax-deferred.  But there are many complications, including the transfer of property over time or where the value may not be known, the assumption of debts, the treatment of income held in trust, and also complex issues of beneficiary designations in retirement plans and insurance contracts. If not properly planned, these transfers can have substantially adverse and often unanticipated consequences.  Thus program will cover major issues in trust and estate planning for divorce.   Treatment of income from and property held in trust on divorce Traps surrounding beneficiary designations on retirement benefits and insurance contracts Opportunities for post-nuptial agreements to resolve lingering disputes Issues related to the sale or transfer of personal residences Income tax issues when property and debt are separated in divorce Health care issues for children, including insurance for the divorcing spouse Educational expenses for children over time   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer is a Partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He is an Executive Council member of the Real Property, Probate and Trust Law Section of the Florida Bar and the Articles editor, Trust and Estate, for Probate & Property Magazine.

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/25/2023
    Presented
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Course1

LIVE REPLAY: How to Fix a Broken Trust: Decanting, Reformation & Other Tools

$59.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/7/2023
    Presented
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Course1

Incentive Trusts: The Promise & Limits of “Do What I Want & I’ll Reward You”

$59.00

Incentive trusts are a mechanism by which the settlor tries to “incentivize” or seek to control the behavior of beneficiaries.  Settlors may want to encourage children or grandchildren to achieve certain educational milestones, maintain a job, get married or have children, or remain free of substance abuse or other risky behaviors. But there are serious limits – limits of what the law will allow a settlor to demand of a beneficiary or a trustee to enforce.  There are also practical limits, including how to objectively judge a beneficiary’s behavior when making distributions.  Incentive trusts are decidedly a mixed bag. This program will provide you with a real-world guide to drafting incentive trusts, counseling clients about their effectiveness and limits, and understanding what the law will (or won’t) allow.   Uses and limitations – practical and legal – of incentive trusts Types of incentive trusts – and rates of success or failure in achieving settlor goals Structuring incentives so they can be objectively measured and administered by trustees Drafting distribution provisions Counseling clients about downsides of incentive trusts and alternatives   Speaker: John A. Warnick is an attorney and wealth counselor in Denver, Colorado, with a national estate and trust planning practice. He is widely recognized for his counseling of high net worth families on purposeful giving, the process of not only transferring wealth but creating a lasting legacy. He is also the managing collaborator of the Purposeful Planning Institute and a wealth consultant with Family Wealth and Transition Solutions.  Mr. Warnick is a Fellow of the American College of Trust and Estate Counsel and formerly practiced law with Holme, Roberts & Owen, LLP in Denver.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/8/2023
    Presented
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Course1

Drafting Special Needs Trusts for Vulnerable Clients

$59.00

Special Needs Trusts are designed to provide for the long-care of individuals who have physical or intellectual impairments and are unable to provide for themselves, whatever their age.  SNTs are intended to preserve the beneficiary’s eligibility for public benefits – Social Security, Medicare, and Medicaid – while maximizing the private resources of the beneficiary’s family.  Drafting distribution clauses and selecting the right trustee to make financial and health-care related decisions for the beneficiary are the essential steps in the planning process. This program will provide you with a practical guide to the types of SNTs, the situations in which each is most appropriate, preserving public benefit eligibility, distribution provisions, and trustee selection.   Planning and drafting issues with Special Needs Trusts Types of SNTs and eligibility standards Relationship of SNTs to public benefits – Social Security, Medicare, Medicaid, SSI Key considerations in drafting distribution clauses Choosing individual and institutional trustees, and the use of “pooled trusts” Administrative issues in SNTs   Speaker:  Martha C. Brown is an attorney at the law firm of Martha C. Brown & Associates, LLC in St. Louis, Missouri, where she has more than 25 years’ experience in the fields of elder law and estate planning.  She has an extensive practice advising the elderly and their families on their trust and estate planning matters with an emphasis on Special Needs Trusts.  She is a Fellow of the American College of Trust and Estate Counsel, a former board member and Fellow of the National Academy of Elder Law Attorneys, and a board member of the Special Needs Alliance.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/13/2023
    Presented
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Course1

Trust and Estate Planning for Collectibles, Art & Other Unusual Assets

$59.00

Art, collectibles, cars, jewelry and other unique assets, perhaps handed down for generations in a family, may form a large share a client’s estate.  Unlike more traditional assets, these non-traditional assets pose special challenges for planners.  There are issues of valuation – how do you value a painting, even by a well-known artist? – and liquidity.  Though very valuable, these objects do not have liquid markets.  There are also many issues surrounding the lifetime or post-mortem transfer of control of these assets, tax issues, and, in some instances, intellectual property issues.  These and many other issues can be fascinating but also frustrating. This program will provide you with a practical guide to trust and estate planning for art, collectibles, jewelry, and other unique assets.    Trust and estate planning issues for art, collectibles, jewelry, cars, and other unique assets The problem of valuing unique objects Liquidity and paying taxes and expenses for objects with great value but small markets Irrevocable trust planning for art and collectibles Lifetime and post-mortem charitable giving during the donor’s lifetime Succession planning for unique objects Issues related to fractional ownership interests Art executors and special powers of attorney Estate administration issues   Speakers: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns, and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.   Blanche Lark Christerson is a managing director at Deutsche Bank Wealth Management in New York City, where she works with clients and their advisors to help develop estate, gift, tax, and wealth transfer planning strategies.  Earlier in her career she was a vice president in the estate planning department of U.S. Trust Company.  She also practiced law with Weil, Gotshal & Manges in New York City.  Ms. Christerson is the author of the monthly newsletter “Tax Topics."  

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/27/2023
    Presented
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Course1

Asset Protection Techniques for Real Estate

$59.00

Appreciated real estate is often the most valuable asset held by a client.  Real estate as an asset class is also frequently subject to depletion through divorce, claims of creditors, tort claimants and others.  Ensuring that the real estate is properly held, preserved, and administered to protect its value is the key task of many trust and estate plans. This program will provide you with a real-world guide to accessible asset protection strategies for real estate, including the sophisticated use of limited liability entities, trusts and insurance products, key elements of drafting operating agreements and their traps, and use of forms of ownership and choice of law planning.  Economic issues to consider on acquisition, holding and administration of real estate Sophisticated use of LLCs and trusts to protect real estate Key provisions of LLC operating agreements and their traps in protecting real estate Forms of ownership and choice of law as asset protection Uses and traps of using real estate products Bankruptcy planning opportunities and limitations for distressed real estate projects   Speaker: Jonathan E. Gopman is a partner with Akerman, LLP in Naples, Florida and chair of the firm’s trust and estate group. His practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs.  He is a Fellow of the American College of Tax Counsel and co-author of the revised version of the BNA Tax Management Portfolio “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. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/17/2023
    Presented
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Family Feuds in Trust and Estate Planning: Counseling Clients About Dispute Avoidance

$59.00

Family feuds are the most destructive force in trust and estate planning. When a senior generation of a family dies or decides to pull back from leading a family business, long suppressed rivalries, disputes and inter-personal conflicts rise to the surface and have often a substantially adverse impact on the business’s operations and value. These disputes often place planners in the extremely difficult spot of having gain the trust of warring factions, understand their grievances, and use the tools of planning to help them and the company find a value-preserving resolution of their conflicts. This program will provide you with a real-world guide to identifying and resolving family feuds in trusts. Sources of family feuds in trusts and techniques to resolve short of litigation Disputes involving distributions, control of family assets, personal rivalries, lack of communication Techniques for resolution – outside consultants, ongoing family meetings, lifetime gifting, distribution standards How choosing trustees can provoke or dampen family disputes How to work with warring family factions while protecting yourself as lawyer Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/20/2023
    Presented
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Undue Influence and Duress in Estate Planning

$59.00

Elderly and other clients with diminished physical or intellectual capacity are often the victims of undue influence or duress in disposition of their property.  They are often dependent on a caregiver, relative or other person for social interaction or essential mobility and functioning.  This makes them ripe for exploitation by the unscrupulous.  From a trust and estate planner’s perspective, undue influence and duress undermine the client’s true intent and jeopardize the validity of estate and trust instruments. This program will provide you with a world guide to spotting warning signs of undue influence and duress, drafting considerations, and the risks of litigation challenging trust and estate plans.   Undue influence and duress risks in trust and estate planning Elements of undue influence – motive, opportunity and actual exercise Understanding what constitutes duress How to spot warning signs or red flags of undue influence and duress Drafting considerations to preserve the true intent of a client and prevent challenges Court battles – burdens of proof, assessing likelihood of successful challenges   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/27/2023
    Presented
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Course1

Trust and Estate Planning for Retirement Plans – IRAs, 401(k)s, and More (6.4.19)

$59.00

The single biggest asset most clients have is their retirement account – IRAs, 401(k)s, other defined benefit plans, and annuities. These retirement plans are often tax-favored but in exchange for that status come with a variety of restrictions. Each is also governed not only by the underlying terms of its sponsors and providers but by an array of complex tax regulations.  Understanding how these complex financial products are treated not only for tax purposes but, often more importantly, for purposes of transfer at death is the central focus of trust and estate plans for most clients.  This program will provide you with a guide to tax treatment and transfer rules of client retirement assets.    Allocation of estate and gift taxes QTIPing IRAs and trusts as IRA beneficiaries Trust distributions as income v. principal Understanding traps of beneficiary designations Creditor claims against retirement assets How annuity distributions are treated for income tax purposes – ordinary income, capital gain, return of investment   Speakers: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/3/2023
    Presented
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Course1

LIVE REPLAY: Trust & Estate Planning for Religious and Philosophical Beliefs

$59.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/13/2023
    Presented
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Course1

LIVE REPLAY: Estate Planning for Digital Assets

$59.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/22/2023
    Presented
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Course1

Trust & Estate Planning for Client Privacy in a Public World

$59.00

Trust and estate clients frequently want nothing more than their privacy. They want their holdings and plans kept secret, even from their heirs.  Ensuring privacy is a multifaceted process that relies on substantive law but also on various companies’ policies, such as with rewards programs.  Privacy also turns on whether the client wants to protect the nature and extent of certain classes of assets, controversial or high profile holdings (for example, antique firearms or valuable objects of art), or something closer to home like the details of their own end-of-life health care plans or even death.  This program will provide you with a detailed guide to privacy in trust and estate planning.   Utilizing revocable trusts – preventing disclosure of assets on death, facilitating anonymous ownership & ensuring plan secrecy Silent trusts as a method to limit disclosure to beneficiaries Titling of special assets including art, watercraft, firearms, and certain real estate Anonymity in charitable gift planning Financial planning privacy – investor privacy, lottery winner privacy, banking disclosure Medical privacy planning – HIPAA, insurance applications Securing third-party confidentiality through non-disclosure agreements Privacy at death – obituaries, last medical records, funeral arrangements   Speaker: Jeff Chadwick is a partner in the Houston and The Woodlands, Texas offices of Winstead, P.C, where his practice focuses on sophisticated trust and estate planning for closely held business owners, business executives, and other high net worth individuals and families. He provides practical advice on wealth transfer planning, business formation and structuring, asset protection planning, planned charitable giving, trust modifications, pre- and post-marital planning, and the administration of trusts and estates. Before entering private practice, he served as a judicial clerk to Judge Henry E. Hudson of the U.S. District Court for the Eastern District of Virginia.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/7/2023
    Presented
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Course1

LIVE REPLAY: Talking About Wealth Transfer Plans: Practical Strategies to Avoid Disputes Among Beneficiaries

$59.00

Transferring wealth often unearths long-deferred issues that may complicate or even subvert the best laid trust and estate plans. Heirs may have expectations about their inheritance that are unrealistic. Certain children may expect to take control of a family business. There are often interpersonal resentments or animosities among children of different marriages. Sometimes, too, there are children from a relationship that was previously unknown.  These and many other issues need to be explored before plans are formulated and documents drafted.  But raising these issues is a very delicate conversation which sometimes takes lawyers to the edge of their comfort zone. This program will provide you a practical guide to raising these issues and counseling clients about the legal issues involved.    Communicating wealth transfer plans before the death of a client When to have those conversations – timing is everything How to broach uncomfortable topics and pose unpopular choices Anticipating visceral reactions and strategies to avoid estrangement and dispute How trustee choices may impact beneficiary reactions   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/11/2023
    Presented
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Course1

LIVE REPLAY: Undue Influence and Duress in Estate Planning

$59.00

Elderly and other clients with diminished physical or intellectual capacity are often the victims of undue influence or duress in disposition of their property.  They are often dependent on a caregiver, relative or other person for social interaction or essential mobility and functioning.  This makes them ripe for exploitation by the unscrupulous.  From a trust and estate planner’s perspective, undue influence and duress undermine the client’s true intent and jeopardize the validity of estate and trust instruments. This program will provide you with a world guide to spotting warning signs of undue influence and duress, drafting considerations, and the risks of litigation challenging trust and estate plans.   Undue influence and duress risks in trust and estate planning Elements of undue influence – motive, opportunity and actual exercise Understanding what constitutes duress How to spot warning signs or red flags of undue influence and duress Drafting considerations to preserve the true intent of a client and prevent challenges Court battles – burdens of proof, assessing likelihood of successful challenges   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/18/2023
    Presented
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