Estate Planning in Depth - CLE, Continuing Legal Education - ALI
Estate Planning in Depth
  • 49th Annual Summer Program at the University of Wisconsin
    Cosponsored by Continuing Legal Education for Wisconsin (CLEW)
    Plus an Optional Sunday Afternoon Session on Wealth Transfer Taxation (June 23
Register Now!

Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

An intensive, interactive classroom experience complemented by opportunities to learn informally after-hours from expert faculty and from fellow registrants at various events including evenings at the Student Union and a picnic supper

A relaxed campus environment that helps make learning fun, plus an affordable housing and meal package that keeps costs low

Comprehensive study materials — typically 1,000 pages or more – that are among ALI CLE’s best

Half-day Sunday primer that brings less-experienced practitioners up to speed

Special panel discussion on what’s hot and what’s not in planning and administering estates in 2013


“Still the best continuing education program I have experienced in my 40+ year career. You have reached the point of having the premier presenters in every subject, with excellent, take home for future reference materials, which makes rating the quality extremely simple - excellent across the board. Thank you. Please keep it up.” – George Kiskunas, Baker Tilly Virchow Krause LLP

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What You Will Learn

This advanced program provides in-depth analyses of significant tax and non-tax aspects of estate planning. Hailing from small and large firms across the country, the distinguished faculty of experienced practitioners will share strategies, tips, and insights regarding some of the most complex challenges facing estate planners in today’s market. Topics include:

Estate planning for second marriages

Business succession planning

Planning for the preservation of residences and vacation homes

The marital deduction from drafting to funding

Planning considerations for elderly and disabled beneficiaries

Using state decanting statutes to modify trusts


Time is reserved throughout the program to address registrants’ questions.

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Who Should Attend

Lawyers with advanced experience in estate planning should attend this accredited continuing legal education program from ALI CLE.


Basic material is addressed in the Monday-Friday sessions only as necessary to provide background to the more complex matters. For practitioners seeking a more foundational approach, there is an optional session on Sunday that will cover wealth transfer taxation.

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Planning Chairs

Nancy G. Henderson
Henderson, Caverly, Pum & Charney LLP, Rancho Santa Fe, California

M. Read Moore, McDermott Will & Emery LLP, Chicago, Illinois


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Farhad Aghdami, Williams Mullen, Richmond, Virginia

Stuart C. Bear, Chestnut Cambronne P.A., Minneapolis, Minnesota

Lawrence Brody, Bryan Cave LLP, St. Louis, Missouri

Elaine M. Bucher, Gunster, Yoakley & Stewart, P.A., West Palm Beach, Florida

Stephanie B. Casteel, Wallace, Morrison & Casteel LLP, Atlanta, Georgia

Alvin J. Golden, Ikard Golden Jones, P.C., Austin, Texas

Michael M. Gordon, Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware

Lawrence P. Katzenstein, Thompson Coburn LLP, St. Louis, Missouri

Jonathan C. Lurie, McDermott, Will & Emery, Los Angeles, California

Eric A. Manterfield, Krieg DeVault LLP, Indianapolis, Indiana

Jeffrey N. Pennell, Richard N. Clark Professor of Law, Emory University School of Law, Atlanta, Georgia

S. Andrew Pharies, DLA Piper US LLP, San Diego, California

Mark S. Poker, Michael, Best & Friedrich, LLP, Waukesha, Wisconsin

Stacy E. Singer, The Northern Trust Company, Chicago, Illinois

Bruce Stone, Goldman Felcoski & Stone P.A., Coral Gables, Florida


ALI CLE Program Attorney: Amy S. Weinberg (

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Program Schedule

SUNDAY, JUNE 23, 2013

1:00 p.m. Early Registration, Wisconsin Law Alumni Association Student Commons, Second Floor, University of Wisconsin Law School, 975 Bascom Mall

1:55 p.m. Administrative Remarks - ALI CLE Staff

Video Webcast Segment A

2:00 p.m. Optional Session: Overview of Wealth Transfer Taxation - Mr. Pharies

3:45 p.m. Networking and Refreshment Break

4:00 p.m. Overview of Wealth Transfer Taxation (continued)

6:00 p.m. Adjournment for the Day

MONDAY, JUNE 24, 2013

7:00 a.m. Registration and Continental Breakfast, Wisconsin Law Alumni Association Student Commons, Second Floor, University of Wisconsin Law School, 975 Bascom Mall

7:50 a.m. Administrative Remarks - ALI CLE Staff

Video Webcast Segment B

8:00 a.m. Introduction and Course Overview

8:15 a.m. Estate Planning for Elderly and Disabled Beneficiaries - Mr. Bear
This presentation will focus on planning considerations for elderly and disabled beneficiaries. Topics of discussion will include disability planning, in terms of Financial Power of Attorney and Health Care Directive documents; estate planning considerations, particularly in connection with asset ownership arrangements and beneficiary designation forms; long term care planning, including a discussion of Medicaid (Medical Assistance benefits and Veterans benefits); tax aspects associated with the transfer of assets; and ethical considerations, focusing on representation of a client with diminished capacity.

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Estate and Gift Taxation Valuation - Mr. Lurie
This presentation considers the latest developments on valuation discounts; the impact of post death events on valuation; valuation fixing using buy sell and option agreements; tax effecting S corporation income; weighting the different approaches to valuation; and valuing contraband.

12:00 p.m. Lunch Break

Video Webcast Segment C

1:30 p.m. Back to the Future - The Marital Deduction From Before ERTA to After ATRA - Mr. Golden
This presentation provides an analysis of the marital deduction from drafting to funding, including p some basic marital deduction and QTIP issues that you may have forgotten, or simply lanning in the present environment with portability. This will also address misremembered.

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Tax and Non-Tax Aspects of Business Succession Planning - Mr. Aghdami
This program will focus on a discussion of the tax and non-tax aspects of succession planning, with an emphasis on the tools and techniques that align the business owner's interests with appropriate planning. This program will consider and discuss issues such as control and cashflow for the business owner, dealing with family members in the business and family members not in the business, incenting key employees, and exit strategies. The program will then go through a series of hypotheticals illustrating real-life planning issues and offering practical advice and solutions for some of the most difficult tax and business issues.

5:15 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty

TUESDAY, JUNE 25, 2013

7:30 a.m. Networking Session and Continental Breakfast

Video Webcast Segment D

8:00 a.m. I Do, Act II: Planning it Right the Second Time Around - Ms. Bucher
This presentation addresses estate planning in the context of second marriages. Specifically, the presentation points out the pitfalls a practitioner may face when drafting for clients in a second marriage and provides an overview of nuptial agreements, elective share planning, and marital trusts.

9:45 a.m. Networking and Refreshment Break

10:00 a.m. Tax and Estate Planning for Clients with Foreign Property - Mr. Moore
This presentation will address tax and estate planning for U.S. clients who own foreign property or who are beneficiaries of foreign trusts, with an emphasis on issue spotting and current developments in this quickly changing area of the law.

11:45 a.m. Lunch Break

Video Webcast Segment E

1:15 p.m. All the Days That Adam Lived Were Nine Hundred and Thirty Years, and He Died and Begat Sons and Daughters: The New Genesis in Estate Planning - Mr. Stone
One percent of births in the U.S. result from assisted reproductive technology (ART). The rights of children conceived after the death of a genetic parent have been litigated all the way to the Supreme Court, yet unanswered questions abound for clients, planners, and administrators. This session will address planning and administration issues for ART children.

3:00 p.m. Networking and Refreshment Break

3:15 p.m. Charitable Split-Interest Transfers: In-Depth Planning - Mr. Katzenstein
This presentation features a thorough review of charitable split interest transfers, including charitable remainder unitrusts, charitable remainder annuity trusts, and charitable lead trusts. The talk will also compare the pluses and minuses of a charitable remainder annuity trust versus a charitable gift annuity. We will also look at the effect of the new 3.8% Medicare tax on charitable remainder trusts.

5:15 p.m. Adjournment for the Day


7:30 a.m. Networking Session and Continental Breakfast

Video Webcast Segment F

8:00 a.m. Long-Term Trust Design: Drafting for the Long Haul - Ms. Singer
The benefit of a long-term trust that may live for generations is also precisely what makes it potentially wrought with complication. Effectively drafting long-term trusts requires more than simply applying tax minimization strategies. Among the many things to consider: the changing definition of descendants, ensuring that a grantor's goals and values are properly memorialized, and reducing the potential for costly conflict and litigation among future generations. Topics will include:
• Effectively drafting and administering long-term trusts
• Trust modification
• The importance of trustee selection and succession
• Statement of Intent: drafting opportunities and pitfalls
• How to handle unique assets

9:45 a.m. Networking and Refreshment Break

10:00 a.m. Asset Protection Planning - Mr. Poker
This presentation will focus on traditional and evolving methods of asset protection. The topics will include fraudulent transfer considerations, split interest and self-settled trust planning, exempt asset planning, and the use of limited partnerships and limited liability companies.

11:45 a.m. Lunch Break

Video Webcast Segment G

1:15 p.m. Planning and Administering Estates in 2013 - Mss. Casteel and Henderson and Mr. Pharies
A panel of three senior estate and trust practitioners will discuss current issues and best practices in light of the new “permanent” estate, gift and GST tax exclusions, exemptions and rates and higher income tax rates. The panel will focus in particular on the advantages and disadvantages of Bypass Trusts in light of the portability of a deceased spouse’s unused estate and gift tax exclusion.

3:00 p.m. Networking and Refreshment Break

3:15 p.m. Use of State Decanting Statutes to Modify Irrevocable Trusts - Mr. Gordon
This presentation will focus on how the various state decanting statutes may be used to modify trusts, common modifications achieved by decanting and the tax consequences of decanting. It will also address the issues raised by IRS Notice 2011-101 and the possible gift, estate, and generation skipping transfer tax ramifications associated with a decanting that results in a change in beneficial interest in the trust.

5:15 p.m. Adjournment for the Day

6:30 p.m. Picnic at Lake Mendota for Registrants and Faculty (included in course tuition)


7:30 a.m. Networking Session and Continental Breakfast

Video Webcast Segment H

8:00 a.m. Charitable Planning from the Simple to the Sophisticated - Ms. Casteel
This session will examine types of §501(c)(3) giving vehicles, including public charities, private foundations, supporting organizations and donor- directed funds; and other charitable giving techniques, such as outright gifts, gift annuities, pooled income funds, and charitable trusts. This session will also consider how to fit these charitable vehicles and techniques to a client's particular circumstances.

9:45 a.m. Networking and Refreshment Break

10:00 a.m. Getting the Family Business Owner Off the Dime: How to Get Them Started on Business Succession Planning - Mr. Manterfield
One of our greatest challenges is to get our family business clients to engage in thoughtful succession planning. This presentation will address certain strategies which might motivate your best client to start the process, including cash flow for a surviving spouse and common mistakes in buy-sell agreements.

11:45 a.m. Lunch Break

Video Webcast Segment I

1:15 p.m. Estate Planning for Family Residences and Vacation Homes - Ms. Henderson
Planning for the preservation of residences and vacation homes presents considerable tax and practical challenges. This program will examine the practical issues that must be considered in the planning process, common (and not so common) transfer tax planning strategies involving residential real property, and mechanisms for dispute avoidance and resolution in the context of personal use real property owned by multiple family members.

3:00 p.m. Networking and Refreshment Break

3:15 p.m. Myths, Mysteries, and Mistakes - Professor Pennell
Many things were said and done during 2012 that represent wealth transfer tax concepts that are not well known or understood. This session will clarify a dozen different myths, mysteries, or mistakes, including: operation of the reciprocal trust rule; the likely treatment of SLATs that are appointed back to the donor spouse after the donee's spouse's death; operation of section 2043 and the phantom value marital deduction implications of Estate of Turner v. Comm'r; operation of the five-or-five provision - particularly the one-per-donee aspect - and the proper application of the second clause of section 2041(a)(2) following lapse of a five-or-five power; the flawed premise behind the super-charged credit shelter trust and why it does not support the idea; operation of the remainder-purchase marital trust concept and why it likely does not work; and operation of the beneficiary-defective inheritors trust and why the government believes that it does not work.

5:15 p.m. Adjournment for the Day

FRIDAY, JUNE 28, 2013

7:30 a.m. Networking Session and Continental Breakfast

Video Webcast Segment J

8:00 a.m. Ethics Issues for Estate Planners - Professor Pennell
The vast majority of estate planners are of a personality type that makes them more sensitive than many attorneys to concerns about ethics, conflicts, and propriety. However, the rules governing the legal profession are not about morality as much as they are guidelines and prohibitions that regulate the practice of law. Thus, a good moral compass is not enough to steer clear of ethics issues. In this interactive session, Professor Pennell will discuss actual ethics issues regularly faced by estate planners, based on questions and topics submitted and posed by registrants. (Suggestionsquestions may be submitted in advance to aweinberg@ali-

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Estate Planning with Life Insurance - Mr. Brody
The presentation will analyze the income, gift, estate, and generation- skipping tax implications of the use of life insurance in estate and wealth transfer planning, and provide suggestions for planning for the creation and funding of an irrevocable life insurance trust.

12:00 p.m. Adjournment

Total 60-minute hours of instruction: 36.5, including 2 hours of ethics (including the optional overview session on Sunday); 43 CPE credit hours in Taxation (group-live and group-internet-based program)

Suggested Prerequisite: Experience in practice in subject matter.

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent developments.

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

Kudos from the 2013 presentation:

"Wonderful selection of topics."

"Fine speakers and materials. Very instructive."

"Very thorough and informative."

Kudos from previous presentations:


The course was terrific again. Madison is a wonderful location. Food service at the dorm couldn’t be better. I am looking forward to attending next year. The onsite staff did a great job, as usual.

Terrifically knowledgeable faculty with excellent practical examples.

This is an excellent course, especially for where I am in my practice. I am a better estate planner (and drafter) as a result. The level of instruction gives me a balanced look at (1) review of topics I am already comfortable with, and (2) challenging information that forces me to think about different issues.

Fantastic speakers and event. I thought all the speakers were very knowledgeable and the materials will be useful for years to come. Also the staff was very friendly and accommodating.

This was a comprehensive, educational, professional environment. It brought my understanding up on the various interrelationships and dependencies on financial and succession planning. The sessions on charity and elderly planning were particularly enlightening. Course was well worth it.


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