Estate Planning and Administration: The Complete Guide
Find Out How Key Estate Planning Tools are Drafted and Implemented
Every client's estate is unique in its assets composition, family dynamics and future needs, but all are ruled by the same principles and are subject to the same tax and legal limitations. In this comprehensive legal guide, experienced attorney faculty will guide you through the process of estate planning and administration and show you how to select the best trust instruments and wield them skillfully to avoid mistakes at probate. They will also teach you how to properly administer the estate and tackle potential mistakes of improperly drafted documents, changed circumstances and newly arising conflicts. Become fully prepared to protect your client's legacies - register today!
- Get an update on the current tax regime and other key regulations.
- Get the case off on the right foot with a thorough and thoughtful client intake.
- Compare key trust structures and their effect on the grantor and beneficiary tax future burdens.
- Help clients plan for and fund long-term care.
- Ensure confidentiality before and after the client's death.
- Get useful checklists for key dates and tasks in estate administration.
- Clarify what can be distributed through non-probate transfers and how to do it correctly.
- Explore creditor issues in estate administration and get trouble-shooting tips from the pros.
- Find out how much planning can still be done after the client's passing.
- Discuss the duties and powers of fiduciaries, their limits and real-life application.
- Get tips for closing the estate to prevent future disputes.
DAY 1: ESTATE PLANNING AND TRUST BASICS
- Key Laws and Client Intake/Goal Setting
9:00 - 10:00, Stuart A. Simon
- Uniform Laws Governing the Estate Practice
- Current Federal Tax Regime (Post-ATRA Federal Estate Tax Exemption, Portability, GST Tax, Income and Capital Gains Tax)
- Relevant State Taxes
- Reasons for Setting Up Trusts
- Client Meetings and Customizing Client Intake Forms
- Planning for Long-Term Care and End-of-Life Decisions
10:00 - 10:30 and 10:45 - 11:45, Michael Antin
- Financial Powers of Attorney
- Advance Medical Directives
- Special Needs Planning
- Long-Term Care Placement Options
- Funding Long-Term Care
- Medicaid Planning and Estate Recovery
- The Lookback Rules and the Penalty Period
- Exempt vs. Non-Exempt Assets
- Outright Gifts vs. Gifts Into Trust
- Testamentary Documents - Must-Have Provisions and Drafting Do's and Don'ts
12:45 - 1:45, Michael Antin
- Wills vs. Trusts
- Testamentary Trust vs. Inter-Vivos Trust with a Pour-Over Will
- Designating Fiduciaries
- Asset Funding
- Review of Sample Wills
- Common Trust Structures and When They're Used
1:45 - 2:45, Randy M. Spiro
- Common types of Trusts and Their Functions
- Selecting the Right Trusts
- Additional Trusts Provisions
- Are A-B Trusts Still Needed for Smaller Estates?
- Planning for Special Needs and Charitable Giving
- Transfers During Life and Inter-Vivos Trusts
3:00 - 3:45, Norman H. Green
- Beneficiary Designations
- Titling Assets
- Gifting Approaches
- Tax Effects of Asset Transfers During Life
- Top Creditor Protection Approaches
- Planning for Real Estate
- Tax Consequences of Trusts
3:45 - 4:30, Norman H. Green
DAY 2: PROBATE AND ESTATE ADMINISTRATION
- Probate Process Overview
9:00 - 10:00, Lisa C. Alexander
- Crucial Due Dates Timeline
- Community Property Law in Estate Administration
- Intestacy Rules
- Executor's Duties and Powers
- Administration Process Checklist
- Marshalling Assets and Dealing with Creditors
10:00 - 10:30, Mark J. Phillips
- Dealing with Creditors: Notices, Apportionment
- Solving Liquidity Problems
- Post-Mortem Tax Planning Options
10:45 - 11:15, Mark J. Phillips
- Claiming Portability Election
- Legal Ethics in Estate Practice
11:15 - 12:15, Mark J. Phillips
- Who is Your Client?
- Testamentary Capacity
- Protecting Confidentiality
- Attorney Fees
- Trust Administration and Termination Basics
1:15 - 2:30 and 2:45 - 3:30, Diane Y. Park
- Trustee Role, Responsibilities, and Compensation
- Identifying Trust Assets and Undergoing the Appraisal Process
- Titling Issues, Including Real Property Tax Exemptions
- Investments and Management During Administration
- Tax and Debts, Including Creditor's Rights
- Trust Record-Keeping and Accounting
- Sub-Trust Funding and/or Trust Distribution
- Closing the Estate
3:30 - 4:30, Diane Y. Park
- Final Accounting
- Final Tax Returns
- Final Beneficiary Distributions