| 12:00 - 06:30 |
An Afternoon with Jonathan Blattmachr Planning and Drafting in the Uncertainty of What Will Happen to The Transfer Tax System in 2010 and Thereafter, Including Present Law Through 2010 (Carryover Basis) and Dealing with Speculation of Future Trends for those Clients Who Want an All Inclusive Plan. Effects of note substitution, formula clauses, and an adventure in GST Exemption Allocation.
The Marital Deduction, Decoupling, Estate Tax Exemption Portability & The Supercharged Credit Shelter Trust.
Tax Return Preparer Penalties Under §6694 and Notice 2008-13: Application to Estate and Gift Tax Returns; Disclosure Requirements (“substantial authority for undisclosed positions; reasonable basis for disclosed positions; reasonable belief that a transaction was more likely than not to be sustained on the merits for tax shelters and reportable transactions”); Are you a “Preparer’? Surprise! Severe Penalties. Ethical Considerations.
The Dynasty Trust Revisited; Multiple Trustees: Selection of Trustees; Allocating Trustee Duties: Distribution Trustee, Investment Trustee, and Administrative Trustee; and the Mechanics of Trust Administration (Who Signs for Trust?). Whether or Not The Prudent Investor Rule Should Apply.
Jonathan G. Blattmachr
Milbank Tweed Hadley & McCloy, New York, NY
www.milbank.com/en/Attorneys/a-c/Blattmachr_Jonathan.htm |
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| Thursday, October 16, 2008 |
| 07:00 - 08:00 |
Continental Breakfast |
| 08:00 - 09:00 |
Discretionary Trusts from the Perspective of the Professional Trustee
Susan Porter
U.S. Trust, Bank of America Private Wealth Management — New York |
| 09:00 - 12:15 |
Professor Pennell’s 2008 Review and Analysis of the Current Tax & Estate Planning Developments
Jeffrey N. Pennell
Richard H. Clark Professor of Law — Emory Law School — Atlanta
www.law.emory.edu/faculty/faculty-profiles/jeffrey-n-pennell.html |
| 12:15 - 01:45 |
Lunch |
| 01:45 - 02:45 |
Trust Protector: Friend, Foe, or Fiduciary?
Best Use of the Protector; What Powers Does a Protector Usually Have? Relationship Between Protector and Trustee (May the Trustee Refuse to Follow the Protector’s Instructions?) Who Should Be the Protector (When, if Ever, Should it Be the Settlor?) Tax Issues Associated With Protector; Power to Remove and Replace Protector.
Alexander A. Bove, Jr.
Bove & Langa, Boston, MA
www.bovelanga.com/at_bove.php
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| 02:45 - 03:45 |
Burning Questions (and Even Hotter Answers) About Grantor Trusts
Samuel A. Donaldson
Professor of Law — University of Washington School of Law
www.law.washington.edu/directory/Profile.aspx?ID=95 |
| 03:45 - 04:00 |
Break
|
| 04:00 - 05:00 |
Special Needs Trust: Avoiding the Seven Deadly Sins
Cynthia Renee Pollock
Law Office of Cynthia R. Polloc — Redondo Beach, CA
www.cynthiapollock.com
Thomas Edward Beltran
Beltran, Beltran, Smith, Oppel & MacKenzie — Los Angeles, CA
tbeltran@earthlink.net |
| 05:00 - 06:00 |
Financial Elder Abuse--A Growing Cancer: How to Recognize It and What to Do About It
Paul Greenwood
Deputy District Attorney — Head of Elder Abuse Prosecution Unit
pgreen@sdcda.org |
| Friday, October 17, 2008 |
| 07:00 - 08:00 |
Continental Breakfast |
| 08:00 - 09:00 |
The Best Zero Tax Planning Tools
Tim Voorhees
Family Office Service — Irvine, CA
www.vfos.com/welcome/index.asp?id=8
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| 09:00 - 10:00 |
An Overview of Current Insurance Products and Planning and Drafting the Irrevocable Life Insurance Trust that Spans Generations (Trust Forms)
Jon J. Gallo
Greenberg Glusker — Los Angeles, CA
www.greenbergglusker.com/people/attorneys/Gallo |
| 10:15 - 11:15 |
Gift Splitting — A Boondoggle or a Bad Idea? A Comprehensive Look at the Rules Diana S.C. Zeydel
Greenberg Traurig — Miami, FL
www.gtlaw.com/People/DianaSCZeydel?wosView=quickContact |
| 11:15 - 12:15 |
Funding Variable Life with Intra-Family and Third-Party Loan Arrangements (Including Planning Opportunities with Private Placement Life)
Mike Cohn
CFG Business Solutions LLC — Phoeniz, AZ
www.cfgllc.com
Robert Phelps
JP Morgan Private Bank — New York, NY
robert.phelps@jpmorgan.com |
| 12:15 - 01:30 |
Lunch |
1:30 P.M. TO 2:30 P.M. – WORKSHOPS |
| #1: |
The Professional Trustee and Discretionary Trusts: Case Studies
Susan Porter
Michael McCarthy
U.S. Trust, Bank of America Private Wealth Management
Los Angeles, CA
michael.e.mccarthy@ustrust.com |
| #2: |
A Critique of the California Uniform Limited Partnership Act of 2008 (Re-RULPA) (Corp C 15900-15912.07)
Phillip L. Jelsma
Luce, Forward, Hamilton & Scripps — San Diego, CA
web.luce.com/bio/jelsma_p.pdf |
| #3: |
Intra-Family Loans: Case Studies
Mike Cohn
Robert Phelps |
| #4: |
Estate Planning for Pets: Analysis of the Law and Drafting Suggestions with Forms
Eden Rose Brown
Law Office of Eden Rose Brown — Salem, OR
www.edenrosebrown.com |
| #5: |
Drafting the Irrevocable Life Insurance Trust with GST Provisions (Forms)
Jon J. Gallo |
2:45 P.M. TO 3:45 P.M. – WORKSHOPS |
| #6: |
Grantor Trusts -- Traps and Tricks — Obtaining the Benefits and Avoiding the Pitfalls
Diana S.C. Zeydel |
| #7: |
Covering Your Client’s S (Corporation)
Samuel A. Donaldson |
| #8: |
California 2008 Legislation Affecting Estate Planning, Trusts, Probate, Conservatorships and Guardianships
James R. Birnberg
Oldman, Cooley, Sallus, Gold, Birnberg & Coleman LLP — Encino, CA
www.ocsgbc.com |
| #9: |
Simplifying Complex Estate Planning
Tim Voorhees |
| #10: |
Anticipated Changes to the Medi-Cal Program under Pending Senate Bill 483
Cynthia Renee Pollock
Thomas Edward Beltran |
4:00 P.M. TO 5:00 P.M. – WORKSHOPS |
| #11: |
Discretionary Trusts and Letters of Wishes (Forms)
Alexander A. Bove, Jr. |
| #12: |
Family Limited Partnership Estate Inclusion Issues Under IRC §2036
Mark Merric |
| #13: |
California Real Property Tax Issues in Planning and Trust Administration
Kris Cadadd |
| #14: |
Effectively Using a Disclaimer When a Trust Is In the Neighborhood
E. Diane Thompson |
| #15: |
So, Your Client Has Been Scheduled for a Deposition: What Estate Planners Can Learn from Estate Litigators
Charles Matthew Riffle |
| #16: |
A Review & Analysis of the New Arizona Trust Code and Other Arizona Developments
John Paul Parks |
| Saturday, October 17, 2008 |
| 07:00 - 08:00 |
Continental Breakfast |
| 08:00 - 09:00 |
Combining Asset Protection and Estate Planning Tools
Mark Merric |
| 09:00 - 12:15 |
A Visit to Stanley's Estate Planning Toolbox
Review of basic planning techniques that should be used more often by clients (a) in good health or (b) in rapidly declining health-techniques that are (i) inexpensive to implement and (ii) easy for the client to understand: Fractional interest gifts of vacation properties and ranchland; Rev. Rul. 93-12 and why lifetime gifts are cheaper than testamentary gifts; dangerous valuation issues in funding marital and charitable gifts-of control premiums and minority discounts; gifts that move from "control" to "minority"-avoiding Estate of Murphy and buying into Estate of Frank; why you should recommend use of certified checks for annual exclusion gifts; gifts of life insurance policies and the Silverman gambit; how to amend irrevocable and unamendable life insurance trusts; prepaying grandchildren's tuitions; why you shouldn't have deleted your Grantor Retained Income Trust or Split Interest Purchase forms-ALL OF THIS AND A BUNCH OF OTHER GOOD STUFF FROM THE TOOLBOX.
Stanley Johanson
Fannie Coplin Regents Chair, University Distinguished Teaching Professor University of Texas School of Law — Austin, TX
www.utexas.edu/law/faculty/profile.php?id=smj78
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| 12:15 - 01:45 |
Lunch |
| 01:15 - 03:15 |
Disclaimers: When, Why & How to Say “No” to an Inheritance (Forms)
E. Diane Thompson |
| 03:15 - 03:30 |
Break |
| 03:30 - 05:00 |
Asset Protection Entities of Choice: Sole Remedy Charging Order with FLPs and LLCs; Nevada’s Charging Order Statute for Corporate Stock; Inherited Wealth and Discretionary Dynasty Trusts; from the 10 DAPT States, Who Are the Leading Domestic APT States? Offshore APTS
Mark Merric |
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