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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
  • 12/22/2021
    Presented
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LIVE REPLAY: Estate Planning for Digital Assets

$59.00

Some of the most valuable assets a client has are the most difficult to define, value, and transfer on death.  “Digital assets” – everything from digital music and pictures stored online, to bank and credit card reward programs, Facebook pages and online TurboTax files, bank and retirement account credentials – are a class of asset that every client has, yet planning for them is new.  These assets are not governed by a conventional set of federal or state laws, rather by a complex set of rules set by a variety of organizations, none of which are standardized but which planners need to understand nonetheless to satisfy client expectations.  This program will provide you guide to the nature of digital assets, how they are controlled, and how to plan for them.   Digital assets in estate planning – defining and transferring them on death How failure to plan for these assets can scuttle estate plans and disappoint client expectations Fiduciary access to digital assets under current law Practical planning for digital assets – what works, what doesn’t, and what’s not at all clear How user polices impact the planning process – what you need to know about how these assets are titled and controlled How federal law impacts the planning process and unconventional planning issues   Speaker: 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
  • 11/29/2021
    Presented
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LIVE REPLAY: Trust & Estate Planning for Religious and Philosophical Beliefs

$59.00

Every trust and estate plan reflects the values of the client.  These values are often rooted, consciously or not, in religious, philosophical or ethical belief systems.  Some clients choose to make these values explicit in their plans and documents.  This can be sensitive terrain for lawyers, not always familiar with integrating explicit religious, philosophical, and ethical statements into legal documents. Understanding the purposes of clients, advising clients about the real limits of what the law can accomplish or will allow, and drafting documents for these clients can be a major challenge.  This program will discuss advising clients about integrating religious, philosophical and ethical beliefs into their trust and estate plans.   Understanding and documenting client beliefs and the purposes they seek to achieve in trust and estate plans Counseling clients about what can be practically achieved and the limitations of law Anticipating possible post-mortem challenges and steps to enhance enforceability and mitigate litigation Practical guidance on drafting underlying legal or supplementary documents – and common traps   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
  • 11/18/2021
    Presented
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LIVE REPLAY: How to Fix a Broken Trust: Decanting, Reformation & Other Tools

$59.00

Not every irrevocable trust ends up serving its intended purpose or is financially viable.  Many unforeseen events can and do occur – tax laws change, family circumstance change – sometimes dramatically, or there can be d a deep downturn in a family business.  In these and many other circumstances trusts are broken and need to be “fixed” – fiduciary powers adjusted, distributions policies modified, trusts divided or merged, or even terminated.  The process of accomplishing these fixes are necessarily limited and come with risks, including tax liability and potentially liability to future beneficiaries. This program will provide you with a practical guide to techniques for fixing broken irrevocable trusts.   Trust reformation by agreement of all stakeholder or by court order Principal and income adjustment powers under the UPIA Techniques for converting a trust from one type to another Use of “decanting” to terminate trusts and distribute assets when the trust is not viable Framework of tax considerations when trusts are restructured or terminated   Speaker: Benjamin S. Candland is a partner in the Richmond, Virginia office of McGuireWoods, LLP, where his practice focuses on estate planning, administration, estate and gift taxation, and litigation. He provides individual clients with advice on various estate planning matters involving estate, gift, and generation-skipping transfer taxes. He is a member of the ABA Real Property and Probate Section and the Virginia Bar Association Trusts and Estate Section. Mr. Candland received his B.A. from Brigham Young University and his J.D. from the College of William and Mary School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/4/2021
    Presented
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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
  • 8/31/2021
    Presented
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Trust & Estate Planning for Cabins, Boats, and Other Family Recreational Assets

$59.00

Clients frequently have substantial reactional assets that they want to pass in their estates – family cabins, mountain houses, other retreats, boats, and other assets.  These assets may be held in full or in fractional interests, sometimes shared uncomfortably by different parts of a single family or with third parties, giving rise to issues of control, value, and transfer.  Any or all of these assets may have substantial financial value and almost always have emotional value to clients. Planning for these assets is a blend of property and tax law, but also practical counseling of clients. This program will provide you with a real world guide to trust and estate planning for recreational assets.    How to title and/or hold assets in LLCs or other business entities Methods and agreements foster stable and cooperative use property among many family members Special trust and estate planning issues for reactional assets Use of Qualified Personal Residence Trusts for cabins and other vacation homes Real estate issues – capital improvements, treatment of taxes and expenses, conservation easements Special issues related to boats and airplanes   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 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 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
  • 8/11/2021
    Presented
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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 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
  • 8/6/2021
    Presented
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