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Use of LLCs in Asset Protection and Estate Planning  

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This basic-to-intermediate level seminar will benefit: Attorneys, Paralegals, Accountants and CPAs, Estate and Financial Planners, Trust Officers, Investment Advisers

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Seminar Summary:

This seminar, designed specifically for estate planners, combines business and legal knowledge to help you realize LLCs' full potential as an estate technique. (see full course description)

 

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Training Course Syllabus:


Use of LLCs in Asset Protection and Estate Planning -  Trust Estate Planning Training Seminar

Leverage the Versatility of LLCs to Your Clients' Advantage

LLCs can provide your clients with a reliable way to protect the estate's assets, prepare the beneficiaries for taking over the family business, and to plan ahead for the estate administration. Are you making the best use of this versatile tool in your practice? This seminar, designed specifically for estate planners, combines business and legal knowledge to help you realize LLCs' full potential as an estate technique. Register today!

  • Prevent self-dealing by managing members.
  • Stave off creditors with effective use of charging order protections.
  • Protect your client's interests in LLC disputes.
  • See how trusts can be used in combination with LLCs to protect and transfer real estate and other assets.
  • Prevent conflicts of interest by clearly identifying who your client is.
  • Ensure IRS compliance and update your step-up basis planning techniques for the new tax regime.


  1. LLC FUNDING AND MANAGEMENT: PREVENTING HEIR CONFLICTS
    9:00 - 10:00, Harte Bressler
    1. Funding the LLC
    2. Choosing a Management Structure
    3. Member-Managed
    4. Manager-Managed
    5. Voting Rights Between Generations
    6. When Using Advisory Panels and Professional Trustees is Worth it
    7. Transfer Restrictions
    8. The Problem of Self-Dealing by Managing Members
    9. Sample Operating Agreement Provisions
  2. ASSET PROTECTION WITH LLCS
    10:15 - 11:15, Darin T. Jensen
    1. Forward and Reverse Veil Piercing
    2. LLC Charging Order Protections
    3. The Danger of Single-Member LLCs
    4. Preserving the Asset Protection Value of the LLCs
    5. Thoroughly Documenting the "Business Purpose" of the LLC
    6. Observance of Formalities
    7. Preventing Assets Comingling
  3. LEGAL ETHICS
    11:15 - 12:15, M. Geoffrey Jones
    1. Who Is Your Client? Avoiding Conflicts of Interests
    2. Duty of Competence: When to Refer an LLC Case Out
    3. Preventing Fraudulent Transfers
    4. Attorney Fees
    5. Attorney Fiduciary Liability
  4. USING LLCS AND TRUSTS TOGETHER
    1:15 - 2:15, Johanna M. Coolbaugh and James K. Treadwell
    1. Benefits and Burdens of Trust Overlay
    2. Trust Candidates and Specific Applications
    3. Case Examples of Using LLC and Trust in Combination
  5. TAX PLANNING AND REPORTING
    2:15 - 3:15, Jennifer Wright
    1. Current Federal and State Tax Regime: The Effects of ATRA
    2. Step-Up in Basis and Asset Freezes in the World of High Tax Exemptions
    3. Income Tax Hurdles
    4. Capital Gains Tax Planning
    5. Valuation Discounts and Disclaimers
    6. Income Earned out of the Estate
    7. IRC Section 2036 - Retained Enjoyment in Life Estates
    8. Modifying and Updating Existing Estate Plans
  6. WHEN THINGS GO WRONG - DISPUTE RESOLUTION IN THE LLC
    3:30 - 4:30, David E. Reed
    1. Tensions in the Family and Breach of Fiduciary Duties
    2. Representing the LLC Member Who is Being "Squeezed"
    3. What if the Operating Agreement Doesn't Cover a Disputed Issue?
    4. Break-Up of the Estate Planning or Asset Protection LLC in a Dispute Context
    5. Is Your Claim Direct or Derivative?
    6. Objectives and Strategies for Dispute Resolution in the Estate Planning or Asset Protection LLC
    7. Choice of Forum for LLC Disputes

Seminar Summary:

This seminar, designed specifically for estate planners, combines business and legal knowledge to help you realize LLCs' full potential as an estate technique. (see full course description)

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