Course1

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

$79.00

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."  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 9/27/2023
    Presented
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Course1

Asset Protection Techniques for Real Estate

$79.00

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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/10/2023
    Presented
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Course1

Family Feuds in Trust and Estate Planning: Counseling Clients About Dispute Avoidance

$79.00

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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/20/2023
    Presented
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Course1

Undue Influence and Duress in Estate Planning

$79.00

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. 

  • Audio Webcast
    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)

$79.00

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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/3/2023
    Presented
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Course1

Trust and Estate Planning with Low (and Volatile) Interest Rates

$79.00

Interest rates are at historically low levels and the Federal Reserve has repeatedly made clear that they will remain so for the foreseeable future.  Low rates create both opportunities and traps for estate planners.  Several advanced planning techniques, including self-cancelling installment notes on sales of property to family members, rely on low rates to achieve tax-favored results. Though these planning techniques lower estate and gift taxes, they also produce income tax traps.  For instance, if not properly structured, loans at low rates to a family member might result in imputed interest on the loan being attributed to the benefactor. This program will provide you with a practical guide to the estate and gift planning structures in a low interest rate environment and how to avoid income tax traps. Techniques for capitalizing on low interest rates in estate and trust planning Common income tax traps, including imputed interest on a loan to a child and election mistakes Utilizing installment sales to family members and low rate loans Techniques for using GRATs and Charitable Lead Trusts Understanding sales to intentionally defective grantor trusts Self-cancelling installment notes   Speaker: 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.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 11/5/2023
    Avail. Until
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Course1

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

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/13/2023
    Presented
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Course1

LIVE REPLAY: Estate Planning for Digital Assets

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/22/2023
    Presented
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Course1

Trust & Estate Planning for Client Privacy in a Public World

$79.00

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.  

  • Audio Webcast
    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

$79.00

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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/11/2023
    Presented
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Course1

Trust & Estate Planning for Client Privacy in a Public World

$79.00

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.  Mr. Chadwick earned his B.S., magna cum laude, from Baylor University and his J.D., summa cum laude, from the University of Richmond School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/17/2023
    Avail. Until
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Course1

LIVE REPLAY: Undue Influence and Duress in Estate Planning

$79.00

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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/18/2023
    Presented
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Course1

Drafting Distribution Provisions in Trusts

$79.00

Distribution provisions are the most essential provisions of trust instruments – and risk lurks everywhere.  If a trustee has unbounded discretion, he or she risks a “general power of appointment,” which would cause the trust’s assets to be taxable to the holder of the power of appointment.  But distribution standards – especially for “standard of living” or “emergencies” – are inherently susceptible to multiple interpretations and dispute, and potentially to litigation.  Ultimately, planning and drafting these provisions is an exercise in risk management and tradeoffs.  This program will provide you with a real world guide to planning and drafting distribution provisions in trust instruments, including the tradeoffs and risks.   Risks of discretionary distributions – power of appointment, taxable inclusion, litigation Cost/benefit of heavily detailed v. general distribution provisions Ascertainable standards – health, education, maintenance, and support (HEMs) Drafting sole and absolute discretion, emergencies, best interests, and standard of living Role of fiduciary duties in making distribution decisions Tax considerations when making distributions   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/14/2024
    Avail. Until
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Course1

Arbitration Clauses in Business Agreements

$79.00

One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   Framework of law governing arbitration agreements Practical uses in business, commercial, and real estate transactions Circumstances where arbitration is effective v. ineffective Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements Scope of arbitration, mandatory nature, and rules used Defining applicable law, arbiter selection, and method of arbitration Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/19/2024
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Course1

Drafting Wills & Trust Documents to Reduce Risks of Challenge

$79.00

A last will and testament is not always the final word of a testator. Wills frequently trigger long-suppressed family rivalries and resentments. With the testator no longer on the scene, children or other heirs are freed to express their resentments. These resentments often worsen when the will’s plan for allocating of money, valuable property or sentimental items is made known, leading to dispute and litigation. These disputes can be very time-consuming and costly resolve, sharply diminishing the value of an estate. This program will discuss grounds for will contests and practical steps lawyers and their clients can take to avoid challenge.   Spotting red flags in will contests – disinheriting close family members, unequal treatment of children, unusual behavior of testator & more Sources of law in will contests – grounds for challenging wills Practical steps to avoid will contests – will ceremonies, videotaped testaments, witness selection, affidavits Use of In Terrorem provisions to prevent will contests Issues surrounding holographic wills and other informal wills   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. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/25/2024
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Course1

Trust in Estate Planning in 2022: A Year of Change & Challenge

$79.00

Trust and estate planning in 2022 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 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. 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.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 2/4/2024
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Course1

Family Feuds in Trusts: How to Anticipate & Avoid

$79.00

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 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 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 alleviate 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. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 2/17/2024
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Trust and Estate Planning for Family Businesses, Part 1

$79.00

Most successful businesses are owned by one or more families.  Because they are family owned, these companies create many special planning challenges.  Ownership and control do not shift among non-owner managers. Rather, succession in ownership and management is a momentous and often highly emotional process for members of the family.  Frequently, these transitions are caused by the retirement or death of members of a family member.  And these transitions, if not carefully planned and delicately handled, can be ruinous, damaging the family and their company.  This program will provide you a practical framework of trust and estate planning and succession planning for family businesses.    Day 1: Succession planning in family businesses Counseling clients on how to avoid family drama on succession Valuation issues for financial and tax purposes Buy-sell planning with family members or key employees Selling to third parties where intra-family succession is not possible Planning for the incapacity of the founding generation   Day 2: Life insurance trust planning – or as a compensating asset to certain heirs Structuring private annuities to transfer a business and provide income to founders Self-cancelling installments notes and intentionally defective irrevocable trusts Use of GRATS and “redemptive freezes”   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 2/22/2024
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Trust and Estate Planning for Family Businesses, Part 2

$79.00

Most successful businesses are owned by one or more families.  Because they are family owned, these companies create many special planning challenges.  Ownership and control do not shift among non-owner managers. Rather, succession in ownership and management is a momentous and often highly emotional process for members of the family.  Frequently, these transitions are caused by the retirement or death of members of a family member.  And these transitions, if not carefully planned and delicately handled, can be ruinous, damaging the family and their company.  This program will provide you a practical framework of trust and estate planning and succession planning for family businesses.    Day 1: Succession planning in family businesses Counseling clients on how to avoid family drama on succession Valuation issues for financial and tax purposes Buy-sell planning with family members or key employees Selling to third parties where intra-family succession is not possible Planning for the incapacity of the founding generation   Day 2: Life insurance trust planning – or as a compensating asset to certain heirs Structuring private annuities to transfer a business and provide income to founders Self-cancelling installments notes and intentionally defective irrevocable trusts Use of GRATS and “redemptive freezes”   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 2/23/2024
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Defined Value Clauses: Drafting & Avoiding Red Flags

$79.00

Formula and defined value clauses are used in estate planning to attempt to “fix” the value of property transferred in a lifetime gift, testamentary transfer, or sale.  These clauses are also frequently used in marital deduction and credit shelter trusts, and GST allocations.  Carefully drafted formula clauses can withstand IRS scrutiny and optimize tax outcomes for a client’s estate. But the IRS is aggressive in challenging formula clauses as not reflecting economic reality and understating the value of the property transferred. This program will provide you with an in-depth discussion of the uses of formula clauses, regulatory and case law developments, and practical guidance in drafting clauses to avoid red flags and withstand IRS scrutiny.   Types of clauses – formula allocation by subsequent agreement, final value for gift taxes, or price adjustment Use in marital deduction and credit shelter trusts, and GST Tax allocations Spotting red flags that may trigger IRS scrutiny Case law and regulatory developments Special considerations in “de-coupled” states   Speakers: 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. 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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 3/9/2024
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Special Issues in Small Trusts

$79.00

  There are many more small trusts than large trusts and they pose special challenges for trust planners and administrators.  The fees paid to trustees and to investment professionals, together with ongoing reporting and fiduciary income tax compliance costs, can consume a substantial portion of the trust’s liquid assets or income.  There are also the challenges in the types of assets commonly held by small trusts. In other instances, trusts may cease to be practically and financially viable, and may need to be restructured or even terminated. This program will provide you with a practical guide to drafting, structuring and administering small trusts – and what to do when they cease to be viable entities.    Economics of small trusts – trustee compensation, reimbursement of expenses, investment fees Challenges of trust management of operating businesses and real estate Restructuring or terminating trusts that are no longer economically viable Custodial accounts and other alternatives to small trusts Choosing a trustee for a small trust versus a larger trust   Speakers: John T. Midgett is a founder of Midgett & Preti PC in Virginia Beach, Virginia, where his practice focuses on estate planning, administration and taxation, elder law, and family business planning.  He is a Fellow of the American College of Trust and Estate Counsel, a member of the National Academy of Elder Law Attorneys, and the Duke University Estate Planning Council.  He has lectured widely on topics relating to estate planning, taxation, probate, elder law, and family businesses. Mr. Midgett received his B.A. from the University of Virginia and his J.D. from the University of Richmond. 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.    

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  • 3/17/2024
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Domestic Self-Settled Trusts

$79.00

In recent years, many states have begun to allow self-settled spendthrift trusts. These new trusts allow the settlor to obtain the benefits of offshore asset protection trusts without the complexity, cost, and byzantine application of foreign law. A settlor can shield assets from his or her creditors or tort claimants, remove those assets from his or her gross estate, and obtain other tax and non-tax benefits.Though more accessible than offshore trusts, domestic asset protection trusts still come with risk. This program will provide you with a practical guide to using self-settled spendthrift trusts and drafting their instruments.     What are domestic asset protection trusts? When are they best used and what are the risks? What states allow these trusts and subject to what limits? How do domestic trusts and offshore trust compare? What are the tax benefits and risks of thee trusts?   Speakers: 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. 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.

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  • 9/12/2024
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Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 1

$79.00

Understanding fiduciary income taxation – the taxation of grantor and non-grantor trusts, complex and simple trusts – is essential to trust planning.  It impacts the type of trust chosen, how it’s structured and administered.  Recently changes to federal tax law have added to the complexity of fiduciary income taxation.  The tax treatment of trust income and accounting for distributions and expenses varies depending on the type of trust involved and how “Distributable Net Income” is allocated.This program will provide you with a real-world guide to the essential rules, timeframes, planning techniques and traps of the taxation of trusts.   Day 1: Fiduciary income taxation framework and rules for estate and trust planners How fiduciary and income tax planning differ from each other Planning for fiduciary taxation v. planning for individual and corporate tax purposes Types of trusts – simple, complex, grantor – and differing tax rules for each Treatment of “Distributable Net Income” Understanding “Trust Accounting Income,” and impact of Prudent Investor Rule   Day 2: Practical income allocation for simple, complex and grantor trusts Specific allocation rules for DNI – Tier System, Separate Share Rule, 65 Day Rule, specific bequests Charitable giving – tax treatment and practical impact Treatment of depreciation, administrative expenses, and allocation to income Trust terminations – capital loss carryover and excess deductions   Speaker: 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.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

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  • 10/11/2024
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Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 2

$79.00

Understanding fiduciary income taxation – the taxation of grantor and non-grantor trusts, complex and simple trusts – is essential to trust planning.  It impacts the type of trust chosen, how it’s structured and administered.  Recently changes to federal tax law have added to the complexity of fiduciary income taxation.  The tax treatment of trust income and accounting for distributions and expenses varies depending on the type of trust involved and how “Distributable Net Income” is allocated.This program will provide you with a real-world guide to the essential rules, timeframes, planning techniques and traps of the taxation of trusts.   Day 1: Fiduciary income taxation framework and rules for estate and trust planners How fiduciary and income tax planning differ from each other Planning for fiduciary taxation v. planning for individual and corporate tax purposes Types of trusts – simple, complex, grantor – and differing tax rules for each Treatment of “Distributable Net Income” Understanding “Trust Accounting Income,” and impact of Prudent Investor Rule   Day 2: Practical income allocation for simple, complex and grantor trusts Specific allocation rules for DNI – Tier System, Separate Share Rule, 65 Day Rule, specific bequests Charitable giving – tax treatment and practical impact Treatment of depreciation, administrative expenses, and allocation to income Trust terminations – capital loss carryover and excess deductions   Speaker: 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.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

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  • 10/12/2024
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Trust and Estate Planning for Pets

$79.00

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.

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  • 12/1/2024
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Drafting Client Engagement Letters in Trust and Estate Planning

$79.00

Client engagement letters are the foundation of a successful representation in trust and estate planning, administration or fiduciary litigation.  It’s where expectations are set – about fees, timelines, and who you are representing. Difficult issues involving conflicts of interests and decision-making can also be framed and addressed. These letters clarify goals and substantially reduce the risk of later dispute.  This program will provide you a practical guide to using client engagement letters to provide the foundation of a successful relationship in trust and estate planning, administration and litigation.   Most important elements of successful client engagement letter Spousal representations – joint representation or separate, and practical difficulties of each Representing multiple generations of a family – who is in charge?   Lawyer as fiduciary – what must you do if you’re the trustee How to handle extant or developing client incapacity Ongoing communication and billing issues Providing for withdrawal from an engagement – when and how   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.

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  • 12/2/2024
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The Art and Science of Conditional Gifts in Estate Planning

$79.00

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.    

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  • 12/16/2024
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Trust and Estate Planning Issues in Divorce

$79.00

  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.

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  • 1/18/2025
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Trust in Estate Planning in 2023: A Year of Change & Challenge

$79.00

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.  

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  • 2/11/2025
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Estate Planning for Digital Assets

$79.00

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 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.

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  • 60
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  • 2/17/2025
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