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Effective vs. Defective Asset Protection Tools  

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This basic-to-intermediate level seminar offers a comprehensive analysis of asset protection tools that will benefit: Attorneys, Financial and Estate Planners, Trust Officers, Accountants and CPAs, Paralegals

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Seminar Summary:

Get an objective analysis of the reliable techniques from experienced attorney faculty. Help your clients increase and shield their wealth from creditors (see full course description)

 

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Training Course Syllabus:


Protect Wealth With an Insightful Analysis of What Works and What Doesn't in Asset Protection

As the economic downturn forces many creditors to resort to more aggressive collection practices, the need to assess and restructure wealth to insulate it from collection attempts is greater than ever. Much misinformation circulates about the best ways to preserve specific assets and wealth in general. Do you know what's empty hype and what is valid protection? Don't fall into the trap of relying on remedies just because they're excessively marketed by financial advisers. Get an objective analysis of the reliable techniques from experienced attorney faculty. Help your clients increase and shield their wealth from creditors - register today!

  • Understand core legal concepts of protecting present and future individual and business assets.
  • Find out which asset protection tools are legal, and which ones would land the client and the advisor in hot water.
  • Explore the mechanics of protective trusts creation and asset placement.
  • Address the possible opportunities that late 2009 IRS rulings and this year's estate tax repeal have opened up.
  • Discuss the latest case law and statutes shaping this practice, including the pending Solow case addressing the Cook Island trusts.
  • Clarify the tax filing requirements (e.g. Forms 8865, 3520-A, FSA-153, etc.) and penalties for non-compliance or late filings that come into play with asset protection structures.
  • Learn how to structure asset protection tools to facilitate estate, gift and income tax reduction.
  • Prevent fiduciary liability with clear knowledge of the risks and prudent and ethical transfer tactics.
  • Gain techniques for placing assets out of reach of creditors while allowing clients to maintain control and access.


  1. Introduction and Core Concepts
    9:00 - 9:20, John R. Garland
    1. Protecting Individual Client's Present and Future Assets
    2. What is Integrated Estate Planning
    3. The Goals and Trade-Offs
    4. Planning Tools
    5. Fraudulent Transfers
    6. Practical Applications
    7. Model Offshore Trust
  2. Do Asset Protection Structures Really Work?
    9:20 - 10:10, D. Scott Robinson
    1. LLCs: Single-Member vs. Multi-Member
    2. Choice of Entity
    3. Design and Control
    4. Colorado Law
    5. Equity Stripping Real Estate
    6. Other Trusts - QRPTS, GRATS, QTIPS
    7. Exemption Planning
      1. Homestead
      2. IRAs
      3. Life Insurance
      4. Annuities
  3. State Law Asset Protection Trusts
    10:25 - 11:15, John R. Garland
    1. State Asset Protection Statutes
    2. Issues That are Still on the Table
    3. Offshore Trusts versus State Law Trusts - Pros and Cons
  4. Protecting the Advisor
    11:15 - 12:05, D. Scott Robinson
    1. Due Diligence
    2. Smell Test
    3. Understanding the Transactions
    4. Chain of Asset Transfers/Trust Accounts
    5. Advisor Liability
  5. Mechanics of the Asset Protection Trust
    1:05 - 2:45, Edward D. Brown
    1. Designing the Trust
      1. How to Tell if the Trust is a "Foreign Trust" for IRS Purposes
      2. How to Avoid Foreign Trust Treatment
      3. Who is the Settlor, Trustee, and is There a Protector?
    2. Assigning Assets to the Trust and Administration
      1. Types of Assets
        1. S Corporation Stock and Other Business Interests
        2. Annuities
        3. Real Estate
        4. Other Asset Types
      2. Are These Taxable Gifts?
        1. Form 709 for "Incomplete Gifts"
      3. Administration
  6. Latest Case Law and Statutes Impacting Asset Protection Planning
    3:00 - 3:20, Jane C. Paddison
    1. State Law
    2. Recent IRS Rulings and Asset Protection Planning
    3. Other Case Law
  7. Tax Compliance
    3:20 - 3:50, Jane C. Paddison
    1. Overview of Lesser Known IRS and Other Filing Requirements
    2. Penalties for Non-Compliance or Late Filings: Form by Form
  8. Asset Protection Tools That Implement Estate, Gift and Income Tax Reduction Planning
    3:50 - 4:30, Jane C. Paddison

Seminar Summary:

Get an objective analysis of the reliable techniques from experienced attorney faculty. Help your clients increase and shield their wealth from creditors (see full course description)

print this agenda print agenda for the Effective vs. Defective Asset Protection Tools training seminar

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