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.
What You Will Learn
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.
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.
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
WEBCAST SEGMENT B
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
WEBCAST SEGMENT C
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?
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