Advanced Estate Planning Techniques - CLE, Continuing Legal Education - ALI
Advanced Estate Planning Techniques
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Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend


Stay informed. Stay current. Give your clients the best advice a competitive estate planner can offer. Attend Advanced Estate Planning Techniques, now it in its 28th year!


From the new 3.8% tax on net investment income under the Affordable Care Act, to determining whether a beneficial interest held in a trust is subject to the court's jurisdiction and can be reached in a divorce, this CLE program on advanced estate planning strategies features carefully selected, sophisticated topics that focus on the latest developments. Taught by experienced trust and estate practitioners and educators from around the country, this course will not only help you avoid common traps and pitfalls that often snare the unwary estate planner, it will also help you develop the high-level expertise you need to advise your clients in the new wealth transfer tax environment.

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What You Will Learn

Topics include:

what you think you know---but don’t---about common estate “wisdom”

a fresh look at private annuities and self-canceling installment notes (SCINs) in light of Section 7520

“silent trusts” – common law and statutory guidance

balancing the income, property, and transfer tax consequences based on common and less-common planning strategies

new tax and non-tax planning opportunities

basic and sophisticated charitable giving techniques

the modern fiduciary and the next generation beneficiary

alternative dispute resolution in trust and estate practices

current developments of various nontax state law matters

With a smaller classroom environment, those who attend in person will have ample opportunities to get their pressing questions answered by the faculty and to network with like-minded colleagues.

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Who Should Attend

This accredited continuing legal education program from ALI CLE will benefit attorneys, trust officers, and tax and wealth management advisors who provide guidance on estate planning issues.

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Planning Chairs

(Also on faculty)

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

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

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Turney P. Berry, Wyatt Tarrant & Combs LLP, Louisville

William R. Burford, Managing Director, J.P. Morgan Private Bank, Los Angeles

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

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

Mary F. Radford, Marjorie Fine Knowles Professor of Law, Georgia State University College of Law, Atlanta

Suzanne L. Shier, Senior Vice President - Director of Wealth Planning and Tax Strategy/Tax Counsel, Northern Trust, Chicago



ALI CLE Program Attorney: Amy S. Weinberg

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Program Schedule

Thursday, February 20, 2014

7:30 a.m. Registration and Continental Breakfast

8:25 a.m. Administrative Remarks – ALI CLE Staff


8:30 a.m. Things You Think You Know about Estate Planning: Myths and Mistakes – Mr. Berry

Many things that planners say or do about wealth transfer tax concepts are simply not correct. This session will explore a dozen different myths, mysteries, or mistakes involving common estate planning "wisdom" and notions.

9:45 a.m. What the Kids Don’t Know – Deconstructing the “Silent” Trust – Mr. Burford

Clients are increasingly asking whether they can delay children’s or grandchildren’s receipt of information about the creation of an irrevocable trust for their benefit. The wave of interest in so-called “silent trusts” has been fueled by lifetime transfers resulting from the increase in the gift and generation skipping tax exemptions and the broader adoption of statutes allowing settlors to waive disclosure for at least some period of time. The rise of the silent trust is one response to clients’ concerns that their tax and estate planning objectives may clash with desires to maintain privacy and preserve existing family dynamics. This session will review the common law and statutory provisions governing the waiver of a trustee’s duties to inform beneficiaries of the existence of an inter vivos irrevocable trust.

11:00 a.m. Networking Break

11:15 a.m. Fiduciary Investment: The Modern Fiduciary Investor and the Next Generation Beneficiary – Ms. Shier

The modern fiduciary investor administering long-term, often perpetual, trusts in the midst of an unprecedented generational shift of wealth is presented with numerous opportunities and challenges. Of increasing significance is the intersection of sustainable and responsible investing, prudent investment, and trust administration for the next generation of beneficiaries. Questions for consideration include how, in the 21st century, is the fiduciary duty of a trustee to prudently invest the assets of a trust estate impacted by environmental, social, and governance considerations? In the realm of "ethical" investment, whose views may or should inform the process of prudent investment? What are the available measures of sustainable and responsible investment performance? The law is evolving as change occurs, but the pace of evolution and change raises unique challenges for the fiduciary investor.

12:30 p.m. Lunch Break



1:45 p.m. The New Age of Estate Planning: Balancing the Income, Property, and Transfer Tax Aspects of Traditional (and Not So Traditional) Estate Planning Techniques – Ms. Henderson

The federal and state transfer tax exemptions, exclusions, and rates, as well as the increased federal income and capital gain tax rates, under the American Taxpayer Relief Act of 2012, must be analyzed to determine whether to plan for estate tax avoidance or for the basis step-up. This presentation will highlight, among other things, the new 3.8% tax on net investment income under the Patient Protection and Affordable Care Act, as well as the increased tax rates on California residents, and how the new California rates may encourage individuals to move to another state or to change the situs of their irrevocable trusts outside of the state of California. It will conclude with detailed case studies applying transfer tax, income tax, and capital gains tax rates to compare the outcomes based upon different planning strategies.

3:15 p.m. Networking Break

3:30 p.m. State Law Developments, Including a Focus on the Collision Between Trust Law and Divorce – Professor Pennell

This session will be divided between a "current developments" treatment of various nontax state law matters of general interest around the United States and a discussion of the conflicting rules that courts wrestle with when trying to determine whether a beneficial interest held in a trust is subject to the court's jurisdiction and can be reached in a divorce — for property settlement, support, alimony, or child support purposes.

5:00 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty


Friday, February 21, 2014

8:30 a.m. Networking and Continental Breakfast


9:00 a.m. Using Mediation and Arbitration to Resolve Estate and Trust Disputes – Professor Radford

This presentation will compare mediation and arbitration - the two most commonly used methods of alternative dispute resolution - and will explore the advantages and disadvantages of using each of these methods in the context of estate and trust disputes.

10:15 a.m. Networking Break

10:30 a.m. When Do the IRS Actuarial Rules Under Section 7520 Not Apply? – Mr. Katzenstein

This presentation includes a fresh look at private annuities and SCINs in light of CCA 201330033, in which the IRS indicated that self-cancelling installment notes are not valued under the usual Section 7520 valuation rules. In what other contexts does Section 7520 not apply in valuing various kinds of interests?

11:45 a.m. Lunch Break



1:00 p.m. Charitable Planning Potpourri – Ms. Casteel

This session will focus on popular charitable giving strategies that practitioners will find useful for their typical clients. The information presented will include a discussion of the basic rules of charitable giving, as well as more sophisticated applications of common techniques.

2:15 p.m. Networking Break

2:30 p.m. Ethics for the Estate Planner – Professor Pennell

Every professional who represents “clients” is engaged in a principal/agent relation, to which the law of Agency applies. It establishes various “ethics” rules that govern the agency representation. This session will seek to illustrate these rules, as they impact professionals who assist clients in estate planning, through questions submitted by registrants — including viewers from the webcast — each of whom is encouraged to submit ethics questions in advance. Questions can be hypotheticals, sticky situations that you have encountered, or cases that you observed others struggle to address - the juicier the better!

3:30 p.m. Questions and Answers

4:00 p.m. Adjournment

Suggested Prerequisite: Substantial experience in legal practice in subject matter

Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:


“This course was everything I was looking for – and more!” – Brian Dennis, Beverly Hills, CA

“Great program. Thank you.”

“Town hall format for ethics discussion very helpful.”

“Overall great speakers and presentation.”

“Very much appreciated the speakers’ practical and timely presentations. Also enjoyed the intimacy of the seminar – not as large as other seminars but still great quality.”

“Excellent course with a good variety of topics covered at a reasonable depth.”

“Great set of topics and materials.”

“I was impressed with the overall quality of the program, but particularly with the presentational abilities of ALL of the speakers. Well planned and well executed.”

“The entire program exceeded my expectations. The oral presentations were excellent and the printed materials are wonderful. They will be extremely helpful to me.”


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