Estate Planning in Depth - CLE, Continuing Legal Education - ALI
Estate Planning in Depth
  • Annual Summer Program at the University of Wisconsin
    Cosponsored by Continuing Legal Education for Wisconsin (CLEW) of the University of Wisconsin Law School
    Plus an Optional Sunday Afternoon Session on Wealth Transfer Taxation (June 22
Register Now!

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

Available Online: Online CLE | MP3 Audio Files | Coursebook

ALI CLE would like to thank our sponsor:

Estate Gen

Why You Should Attend


This annual program offers in-depth analysis of significant tax and non-tax aspects of estate planning. The faculty is comprised of the country’s most experienced practitioners, who share strategies, tips, and insights on some of the most complex challenges estate planners encounter.


This year’s program features:

an intensive, interactive classroom experience complemented by opportunities to learn informally after hours from an expert faculty and from fellow registrants at a reception, a picnic supper, and evenings at the Student Union

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

a relaxed campus environment that helps make learning fun, plus an affordable housing and meal package

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

engaged registrants—last year from 28 states—and an expert faculty from across the country who share ideas with one another over the course of five days

more than 35 CLE hours, including 2 hours of ethics, and more than 42 CPE credits in Taxation

Back to Top

What You Will Learn

This year’s conference features a variety of topics, including:

planning for same sex couples

advising clients in the new age of low (or no) transfer taxes and high income taxes

business succession planning

assisting elderly and disabled clients with their planning needs

most common mistakes fiduciaries see

protection for trustees facing fiduciary liability

preparing 709s

things every domestic estate planners should know about international estate planning

decanting trusts

charitable giving techniques

issues in estate planning with life insurance

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

Back to Top

Who Should Attend

This accredited continuing professional education program is designed for professionals with more than basic experience in estate planning. Basic material is addressed in the main sessions only as necessary to provide background for advanced understanding of more complex matters. However, practitioners lacking a foundational knowledge of trusts and estates law, wealth transfer taxation, or estate planning may benefit by attending the optional session on Sunday

Back to Top

Planning Chairs

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

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

Back to Top


Farhad Aghdami, Williams Mullen, Richmond, Virginia

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

Steven M. Bonneau, The Northern Trust Company, Chicago, Illinois

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

Wendy S. Goffe, Stoel Rives LLP, Seattle, Washington

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

Kim Kamin, Schiff Hardin LLP, Chicago, Illinois

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

Julie Kwon, McDermott Will & Emery, Silicon Valley, California

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

Mark Osborne, Osborne, Helman, Knebel & Deleery, LLP, Austin, Texas

Jeffrey N. PennellRichard 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

Robert A. Romanoff, Levenfeld Pearlstein, LLC, Chicago, Illinois

Adam Sherman, McDermott Will & Emery, Chicago, Illinois

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

Brian P. Tsu, Henderson, Caverly, Pum & Charney LLP, Rancho Santa Fe, California

Back to Top

Program Schedule

 SUNDAY, JUNE 22, 2014

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 TaxationMessrs. Bonneau and Tsu

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 23, 2014

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. Mistakes Fiduciaries See All the Time -Ms. Singer
As the population ages and will files mature, more and more estate planners will find themselves working through the estate settlement process. For many professionals, this will be an uncommon or even new experience. Professional fiduciaries, who handles estate settlement on a regular basis, have learned many of the pitfalls of the process. What are some of the issues that arise regularly, and how can they be avoided through drafting, conversation, or simply prior consideration? Among the topics to be discussed are the proper exercise of powers of appointment, the disposition of personal property, the impact of various funding formulas, abatement and ademption, situs and all the “little” issues that can lead to big headaches after a client’s death.

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Decanting 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.

12:00 p.m. Lunch Break 

Video Webcast Segment C

1:30 p.m. Business Succession PlanningMr. 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.

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Elective Shares - Professor Pennell
Often the plan for a surviving spouse intentionally is restricted for legitimate reasons (including to qualify the survivor for Medicaid). Nevertheless, the number of surviving spouses who are dissatisfied with a decedent’s estate plan is rising, the number of them who accept a plan is declining (particularly as more surviving spouses are husbands), and more surviving spouses are asserting their freedom to make the statutory forced heir share election. This discussion is about how to plan in anticipation of that election.

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

TUESDAY, JUNE 24, 2014

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

Video Webcast Segment D

8:00 a.m. Ethics Issues for Estate PlannersProfessor 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. (Suggestions and/or questions may be submitted in advance to treadom@ali-

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Trust Protectors and Trust Terminations - Mr. Romanoff
This session will review options for increasing trust flexibility through the use of trust protectors. The session will also review options for early termination of spendthrift trusts.

12:00 p.m. Lunch Break 

Video Webcast Segment E

1:30 p.m. Preparing 709s - Ms. Kwon and Mr. Sherman
This session will provide a practical review of a number of high-level issues involved in the preparation and review of federal gift tax returns, including satisfying the adequate disclosure requirements, avoiding mistakes in gift-splitting, deciding when to disclose non-gift transfers, reporting formula or defined value transfers, and identifying and addressing automatic and affirmative allocations of GST exemption and related GST tax elections.

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Things Every Domestic Estate Planner Should Know about International Planning -Mr. Tsu
This presentation will provide an overview of the issues related to planning for both U.S. clients with foreign property and foreign clients with domestic property. The presentation will consider the property succession, taxation, drafting and reporting aspects of such planning with an emphasis on issue spotting.

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. Advising Clients in the New Age of Low (or No) Transfer Taxes and High Income -Ms. Henderson
The effect of 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 program will consider in depth how to strike a proper balance if planning to avoid one of these taxes gives rise to another. The program will include detailed case studies applying transfer tax, income tax, and capital gains tax rates, comparing the outcomes applying different planning strategies.

9:45 a.m. Networking and Refreshment Break

10:00 a.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.

11:45 a.m. Lunch Break 

Video Webcast Segment G

1:15 p.m. Panel Discussion on Asset Protection - Messrs. Poker and Osborne
This presentation, led by two national experts, 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.


3:00 p.m. Networking and Refreshment Break


3:15 p.m. Estate Planning for Elderly and Disabled ClientsMr. 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.


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. Shelter From the Gathering Storm: Protection for Trustees Facing Fiduciary LiabilityMr. Manterfield
Trustees and their advisors are facing a growing number of after-the-fact challenges. This presentation will discuss strategies which might be implemented now to minimize that future liability for investment concentrations, family business interests, acts of a prior trustee, conflicts of interest, outside investment managers and discretionary distributions. For-warned is for-armed!


10:00 a.m. Networking and Refreshment Break















10:15 a.m. A Potpourri of Charitable Giving Techniques - 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, with an emphasis on uses in response to the new IRC § 1411 tax and the current economic environment.

11:45 a.m. Lunch Break 

Video Webcast Segment I

1:15 p.m. Planning for the 50%: Trust Issues in Divorces - Ms. Kamin
This session will address the use of trusts in the context of divorce and what a practitioner should consider in estate planning before, during and after divorce, as well as upon remarriage.

3:00 p.m. Networking and Refreshment Break

3:45 p.m. Portability - Mr. Pharies
In the new world of high estate tax exemptions, portability will be the centerpiece of estate tax planning for many clients. This program will explore planning and administration issues related to portability including drafting in anticipation of making a portability election, factors to consider when deciding whether to make a portability election, and technical issues arising from the portability election itself.

5:15 p.m. Adjournment for the Day

FRIDAY, JUNE 27, 2014

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

Video Webcast Segment J

8:00 a.m. Planning for Same Sex Couples - Ms. Goffe
After years of navigating the inconsistencies of state and federal law, the tax landscape for married same-sex couples was dramatically altered when the Supreme Court held unconstitutional a portion of the Defense of Marriage Act (DOMA) in Windsor v. U.S. DOMA had previously required same-sex spouses to be treated as unmarried for purposes of federal law. This presentation will explain the Windsor case and the Supreme Court's decision, provide an analysis of many of the state and federal law changes as a result of the opinion, the as-yet unanswered questions raised by the opinion, and a description of several key estate and federal tax-planning opportunities now available to same-sex married couples. This presentation will also examine planning options available to couples who cannot or choose not to marry.

10:00 a.m. Networking and Refreshment

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: 35.5, including 2 hours of ethics (including the optional overview session on Sunday); 42.5 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

Back to Top

Here's what registrants have said about this course:


 Kudos from previous presentations:


As a new lawyer this course offered a broad and challenging opportunity. It was a great program and I would like to come back in the near future. It is a great location and great opportunity to meet other practitioners.

Fantastic topics! I found the material to be very relevant to my day-to-day practice.

This year, on top of your consistently excellent program, you proved your up-to-the-minute capabilities. Literally on the hells of the release of the Supreme Court’s historic ruling on same sex marriage, you inserted a presentation on its estate planning impacts. Great job!” – George Kiskunas, Baker Tilly Virchow Krause LLP

Great program – I plan to use the materials (which are outstanding!) regularly.

This course was very well run and organized. The speakers conveyed much useful information and adhered to the schedule. The facilities were very good. I am impressed with the organization and preparation of the speakers and written materials. This was a very high quality seminar in terms of the educational content, facilities and operation.

And from 2014:

"[The ethics segment was] the best ethics CLE I've ever sat through!"

"Presentations and materials very helpful to me as a sole practitioner!! Fine Course. THANK YOU."

"Although all sections were informative, I especially enjoyed the first section on Friday morning. "

"As always, the presenters were great (who could not love Jeff Pennell 's energy?)"

"As a law student taking this course, I was positively overwhelmed by the amount of material learned in one week! I also enjoyed hearing from attorneys all over the United States."

"I've attended the program before, and it is always the highest quality program on this topic. "

"I am most thankful for the fine course presentation “Estate Planning in Depth”. Presenters and materials were excellent!"

Back to Top



Course Details

Real-Time Customer Service