Course1

Live Replay: Holding Business Interests in Trusts

$79.00

There are tax and other benefits to holding a closely-held company or other business interests in trusts, but there are also substantial risks and planning complexity. Holding an operating business creates tension between the duty of a trust to diversity and the inescapable concentrated position of owning an operating company, which in turn creates tension between trustees and business managers.  Similarly, holding real estate or nontraditional assets also involves issues of liquidity and proper fiduciary and income tax administration. This program will provide you with a real world guide placing business interests in a trust. Dilemmas of operating companies in trusts – concentrated assets, speed, decision-making Concentrated assets and the fiduciary duty to diversify Counseling clients about the right trust for different asset classes Preserving S Corp status or other tax benefits in trust Business succession planning for family businesses Managing minority stakes in operating companies or assets Financial and tax administration traps   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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/16/2020
    Presented
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Course1

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

Charitable Giving Planning in Trusts and Estates, Part 2

$79.00

Charitable giving can be a major portion of clients’ trust estate planning and introduce substantial complexity. Charitable giving may be motivated less by a desire for tax savings and more by a desire to have an impact on a specific charity or a community.  Clients may also want to retain some measure of control during their lifetimes over the property they are donating and retain income from the property.Though there is a vast array of vehicles and planning techniques to achieve these goals, working through the alternatives is daunting.  This program will provide you with a practical guide to the range of charitable giving vehicles, planning techniques to achieve client goals, tax and non-tax tradeoffs, and integrating charitable giving with overall estate plans. Day 1: Charitable giving vehicles and techniques & advantages and disadvantages of each Integrating charitable giving into overall estate plans Use of Charitable Remainder Trusts and Charitable Lead Trusts to achieve client goals Donating life insurance policies and proceeds and related trust issues How to restructure restricted charitable gifts Tax pitfalls of charitable giving Post-mortem charitable giving techniques   Day 2: Advantages and disadvantages of using private foundations, supporting organizations, and donor-advised funds Structuring funds to provide maximum flexibility to the endowment and satisfy donor demands for control Donating illiquid and difficult-to-value assets to charity – real estate, interests in closely held businesses, works of art Review of faith-based giving initiatives and related legal issues   Speaker: Blanche Lark Christerson is a wealth planning consultant who works clients and their advisors to help develop estate, gift, tax, and wealth transfer planning strategies.  She was for 22 years, a managing director at Deutsche Bank Wealth Management.  She was also a vice president in the estate planning department of U.S. Trust Company and practiced law with Weil, Gotshal& Manges in New York City. She is the author of the monthly newsletter “Tax Topics."  Ms. Christerson received her B.A. from Sarah Lawrence College, her J.D. from New York Law School and her LL.M. in taxation from New York University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

Charitable Giving Planning in Trusts and Estates, Part 1

$79.00

Charitable giving can be a major portion of clients’ trust estate planning and introduce substantial complexity. Charitable giving may be motivated less by a desire for tax savings and more by a desire to have an impact on a specific charity or a community.  Clients may also want to retain some measure of control during their lifetimes over the property they are donating and retain income from the property.Though there is a vast array of vehicles and planning techniques to achieve these goals, working through the alternatives is daunting.  This program will provide you with a practical guide to the range of charitable giving vehicles, planning techniques to achieve client goals, tax and non-tax tradeoffs, and integrating charitable giving with overall estate plans. Day 1: Charitable giving vehicles and techniques & advantages and disadvantages of each Integrating charitable giving into overall estate plans Use of Charitable Remainder Trusts and Charitable Lead Trusts to achieve client goals Donating life insurance policies and proceeds and related trust issues How to restructure restricted charitable gifts Tax pitfalls of charitable giving Post-mortem charitable giving techniques   Day 2: Advantages and disadvantages of using private foundations, supporting organizations, and donor-advised funds Structuring funds to provide maximum flexibility to the endowment and satisfy donor demands for control Donating illiquid and difficult-to-value assets to charity – real estate, interests in closely held businesses, works of art Review of faith-based giving initiatives and related legal issues   Speaker: Blanche Lark Christerson is a wealth planning consultant who works clients and their advisors to help develop estate, gift, tax, and wealth transfer planning strategies.  She was for 22 years, a managing director at Deutsche Bank Wealth Management.  She was also a vice president in the estate planning department of U.S. Trust Company and practiced law with Weil, Gotshal& Manges in New York City. She is the author of the monthly newsletter “Tax Topics."  Ms. Christerson received her B.A. from Sarah Lawrence College, her J.D. from New York Law School and her LL.M. in taxation from New York University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

Defending Estate and Gift Tax Audits

$79.00

The IRS reviews every estate and gift tax return and audits them returns at a far higher rates than income tax returns.  When a client return is chosen for examination and audit, an estate is subject to a very time-consuming and costly process.  Understanding the steps in the process, the personnel involved, and the limits of what you can reasonably expect as part of a settlement are all essential to successfully concluding an audit. It’s also very important to understand how returns are selected for exam.  This program will provide you with a practical guide preparing for and defending and audit and tips for reducing the risk of triggering an audit. Timeline, process, personnel and deadlines – understanding how an audit unfolds Common audit triggers and how returns are selected for examination Review of common issues on audit – FLP/FLLCs, defined value clauses, insurance policies and lifetime gifts Drafting responses and working with IRS personnel Determining the range of reasonable settlement proposals Important attorney-client privilege, statute of limitation, and evidentiary considerations   Speaker: Brian R. Harris is a partner in the Tampa, Florida office of Akerman, LLP, where he represents clients in federal, state, and local tax controversy and litigation throughout the United States. He also represents clients before the IRS, state departments of revenue, and municipalities.  Earlier in his career, he was a trial attorney with the U.S. Department of Justice, Tax Division, and lead attorney for the United States and IRS in federal courts across the country. Mr. Harris received his B.S. and M.S. from the University of Florida and his J.D. from the University of Florida College of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

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 or anonymous shareholders. 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: Framework of trust and estate planning tools and techniques for family businesses 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 Role of outside managers to overcome family drama related to control   Day 2: Counseling clients on how to avoid family drama on succession 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”   Speakers:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

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 or anonymous shareholders. 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: Framework of trust and estate planning tools and techniques for family businesses 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 Role of outside managers to overcome family drama related to control   Day 2: Counseling clients on how to avoid family drama on succession 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
  • 12/23/2021
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Course1

Holding Business Interests in Trusts

$79.00

There are tax and other benefits to holding a closely-held company or other business interests in trusts, but there are also substantial risks and planning complexity. Holding an operating business creates tension between the duty of a trust to diversity and the inescapable concentrated position of owning an operating company, which in turn creates tension between trustees and business managers.  Similarly, holding real estate or nontraditional assets also involves issues of liquidity and proper fiduciary and income tax administration. This program will provide you with a real world guide placing business interests in a trust. Dilemmas of operating companies in trusts – concentrated assets, speed, decision-making Concentrated assets and the fiduciary duty to diversify Counseling clients about the right trust for different asset classes Preserving S Corp status or other tax benefits in trust Business succession planning for family businesses Managing minority stakes in operating companies or assets Financial and tax administration traps   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

2020 Trust Litigation Update

$79.00

Baby Boomers are retiring with more wealth – and more complicated family situations – than earlier generations.This wealth and demographic complexity are generating more ever more trust litigation. This litigation includes the extent to which trust interests are reachable in divorce proceedings; fiduciary investment decisions, the handling of concentrated positions in closely held companies, and arguably tortious interference with trust interests. These and many other significant developments trends will be discussed. This program will provide you with a practical guide to significant developments in trust and estate litigation. Tortious interference with inheritance interests Handling concentrated positions in closely held companies Disputes involving operation of family businesses in trusts Trust interests in divorce Counseling clients when fiduciary litigation involves family animosity Modifying trust interests through litigation   Speakers:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

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:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

Special Issues in Small Trusts

$79.00

To Be Determined

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

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, orsale.  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   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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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 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:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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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
  • 12/23/2021
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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   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.  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
  • 12/23/2021
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Course1

Health Care Issues in Estate Planning

$79.00

Trust and estate planning for health care involves counseling clients about what are often the most difficult decisions in their life and drafting to implement those most sensitive decisions. There are issues of making life-and-death health care decisions many years in advance of when those decisions will be needed. There are equally delicate decisions about the appointment of trustees or conservators.Planning for long-term care – and how to fund that care – is often the biggest challenge for most clients.  If clients are not carefully counseled about their choices and their decisions not carefully reflected in trust and estate documents, their most important goals will be unfulfilled.  This program will provide you with a real world guide to the most important health care issues in trust and estate planning. Counseling clients about planning for health care decision-making Tension between health care providers & trustees – areas of competence, conflict, and cooperation Drafting advance health care directives & revocable trusts Defining objective health care “triggers” in documentation Key issues in appointing trustees, guardians & conservators Availability & financing of home health care & institutional care   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Trust and Estate Planning for MDs, JDs, CPAs & Other Professionals, Part 1

$79.00

Estate planning for professionals – physicians, lawyers, accounts and others – and executives raises challenging issues for the planner. These clients may have high incomes but their retirement assets are highly concentrated in restrictive retirement plans. Their tangible assets tend to be the target of claimants, such as former clients in fiduciary litigation, tort claimants, former spouse and others.  Planning for these clients involves preserving tangible assets from potential claimants and working with restrictive retirement plans or illiquid tangible assets. This program will provide you with a guide to issues and techniques when planning for professionals and executives.  Day 1: Estate planning and asset protection for professionals – physicians, lawyers, accountants, and executives Key threats to wealth preservation – challenges to martial agreements, fiduciary claims, bankruptcy, and creditor claims Planning for highly concentrated assets in qualified plans – 401(k)s, IRAs, defined contribution plans Planning with deferred compensation, Section 409A and non-eligible retirement assets   Day 2: Spendthrift trusts, LLCs and other wealth protection vehicles for professionals and executives Risks of fraudulent transfers in trust planning Insurance and annuity products to shield assets and produce income over time Planning with trusts to provide for family and the education of children Bankruptcy issues and planning   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.  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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/10/2020
    Presented
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Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$79.00

Common area expenses (CAM) are part of virtually every office and retail lease. These expenses cover everything from parking lots and reception areas to common meeting spaces and restrooms.  In triple net leases, landlords seek to recover these expenses from tenants.  This can be a significant component of a tenant’s lease expense.The scope of CAM, caps or other limitations, and audit rights are highly negotiated. Landlords and lenders are often reluctant to give any concessions. This program will provide you with a practical guide to negotiating and drafting CAM provisions in commercial leases. Scope of common area maintenance (CAM) expenses Relationship to minimum maintenance standards Treatment of taxes and insurance Differentiating operating v. capital expenses in CAM recovery Caps on CAM, fixed CAM, gross-up considerations Audit and information rights for CAM Understanding landlord, lender, and tenant motivations and concerns   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/19/2020
    Presented
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Course1

LIVE REPLAY: Defending Estate and Gift Tax Audits

$79.00

The IRS reviews every estate and gift tax return and audits them returns at a far higher rates than income tax returns.  When a client return is chosen for examination and audit, an estate is subject to a very time-consuming and costly process.  Understanding the steps in the process, the personnel involved, and the limits of what you can reasonably expect as part of a settlement are all essential to successfully concluding an audit. It’s also very important to understand how returns are selected for exam.  This program will provide you with a practical guide preparing for and defending and audit and tips for reducing the risk of triggering an audit. Timeline, process, personnel and deadlines – understanding how an audit unfolds Common audit triggers and how returns are selected for examination Review of common issues on audit – FLP/FLLCs, defined value clauses, insurance policies and lifetime gifts Drafting responses and working with IRS personnel Determining the range of reasonable settlement proposals Important attorney-client privilege, statute of limitation, and evidentiary considerations   Speaker: Brian R. Harris is a partner in the Tampa, Florida office of Akerman, LLP, where he represents clients in federal, state, and local tax controversy and litigation throughout the United States. He also represents clients before the IRS, state departments of revenue, and municipalities.  Earlier in his career, he was a trial attorney with the U.S. Department of Justice, Tax Division, and lead attorney for the United States and IRS in federal courts across the country. Mr. Harris received his B.S. and M.S. from the University of Florida and his J.D. from the University of Florida College of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/25/2020
    Presented
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Course1

LIVE REPLAY: 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 or anonymous shareholders. 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: Framework of trust and estate planning tools and techniques for family businesses 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 Role of outside managers to overcome family drama related to control   Day 2: Counseling clients on how to avoid family drama on succession 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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/3/2020
    Presented
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LIVE REPLAY: 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 or anonymous shareholders. 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: Framework of trust and estate planning tools and techniques for family businesses 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 Role of outside managers to overcome family drama related to control   Day 2: Counseling clients on how to avoid family drama on succession 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”   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/4/2020
    Presented
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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   Speaker:    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/16/2020
    Presented
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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   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/23/2020
    Presented
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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. 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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2022
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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 fromtheir heirs.  Ensuring privacy is a multifaceted process that relies, in various parts, on substantive law but also on pragmatic steps.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
  • 12/10/2022
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How to Use Trust Protectors in Client Plans

$79.00

The use of trust protectors and trust advisers are increasingly commonplace in in trust and estate planning. Trust protectors stand in the shoes of the trust settlor, ensuring that his or her wishes are fulfilled. Appointed the settlor, they are independent of trustees, potentially wielding substantial power over the trustee’s decisions, including adding or removing beneficiaries, making distributions, or even removing the trustee. The idea is the trust protector will have a global vision of the settlor’s wishes, judge trustee performance, and beneficiary needs. But these innovations come with administrative inefficiencies, additional costs, and complicated drafting. This program will provide you with a practical guide to planning with and drafting the duties of trust protectors and trust advisers for client trusts.  Role, sources of authority, and duties of trust protectors Differences between trust protectors and trust advisers Relationship of trust protectors to trust settlor, trustees, and beneficiaries Powers of trust protectors – trustee removal, investment veto, trust termination, beneficiary modification, direct distributions Costs and administrative issues of trust protectors and trust advisers Statutory and common law forms of trust protectors   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
  • 11/27/2022
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Planning for the Freeze: Trust & Estate Planning to ""Freeze"" Asset Values

$79.00

“Asset freezes” transfer future appreciation in a closely-held company or other asset from a senior generation to a junior generation, reducing the tax exposure of the senior generation and providing that any appreciation will be taxable at the generally lower rates of beneficiaries.  Asset freezes use a variety of trusts and techniques to achieve this shift in taxable appreciation.  Because freezes are subject to abuse, they are frequently challenged by the IRS.  If carefully planned, drafted, and administered, however, asset freeze platforms are effective tools for tax reduction while the senior generation still retains income from the asset.  This program will provide you with a practical guide to the techniques,risks and opportunities of asset freezes. Use of retained interest trusts to shift asset appreciation – GRATs, GRITs, GRUTs Installment note sales of closely-held companies to heirs Use of self-cancelling installment notes and private annuities Qualified Personal Residence Trusts Income tax consequences of asset freezes   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. 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.

  • MP3 Download
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  • 60
    Minutes
  • 11/21/2022
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Mediation of Trust & Estate Disputes

$79.00

Trust and estate disputes among family members – children against parents, siblings against siblings, generation against generation – can be among the most bitter, protracted and costly, because they involve not only money but emotion.  Litigation can be ruinous because client decision-making may be made as much on basis of spite as reason, leading to very lengthy litigation that may rapidly deplete the assets that are the basis of the litigation.  Mediation is a possible solution to expediate dispute resolution and preserve assets, but it comes with its own tradeoffs and challenges. This program will provide you a practical guide to mediation in trust and estate disputes.   Crafting effective mediation strategies in trust and estate disputes Types of disputes more v. less amendable to mediated resolution Family business, spousal, discretionary distribution, undue influence & other disputes Crafting a mediation strategy depending on the nature of the underlying dispute Confidentiality and other issues to be wary of if mediation fails & litigation ensues Counseling clients about setting reasonable expectations for mediation  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.

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  • 60
    Minutes
  • 11/1/2022
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Post-Mortem Trust and Estate Planning

$79.00

The death of a client does not bring an end to estate planning.  Post-mortem estate planning tools and techniques allow practitioners to shape the way an estate is treated for income, estate and gift tax purposes, and impact the way property is distributed.  Using a variety of tax elections, planners can respond to changed law and factual circumstances, errors in planning, and help reduce the tax liability of an estate. There are also important but often overlooked issues of protecting the fiduciary from liability.  This program will provide you with a practical guide to interrelated post-mortem planning tools and techniques available to planners and administrators. Use of elections – estate’s fiscal year, administrative expenses, alternate valuation, in-kind distributions Portability issues post-mortem QTIP election & QDOT planning Effective use of disclaimers – complete and partial Death of a partner & special S Corp stock issues Qualified revocable trusts and Section 645 elections Deferral of estate tax and Section 6166 elections   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.  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. 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
  • 10/31/2022
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