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1. Laying the Groundwork
2. Ethical Considerations and Fraudulent Transfers
3. Protecting Business Entities
4. Using Business Entities to Shield Assets
5. Foreign vs. Domestic Asset Protection Trusts
6. Straightforward and Simple Solutions to the Taxation Challenges
7. Planning Marital Assets
8. Advanced Real Estate Protection
9. Sophisticated Insurance and Retirement Funds Planning

Continuing Education Credits:   

* denotes specialty credits

LAYING THE GROUNDWORK
8:30 - 9:15, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Goals of Asset Protection
• Protection From Lawsuits
• Investment Risk Insulation
• Supplemental Insurance
• Minimizing Tax Burden
• Types of Property and its Exposure to Collections
• AP Techniques That Simply Don't Work

ETHICAL CONSIDERATIONS AND FRAUDULENT TRANSFERS
9:15 - 10:15, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Rules of Professional Conduct
• Exposure to Liability
• Creditor vs. Transferee
• Two Types of Fraud: Actual and Constructive
• Badges of Fraud
• Constructive Fraud
• Surviving an Attack by Showing Proper Motive
• Creditors' Remedies
• What Transactions are Suspect?
• What is Not Covered by UFTA?
• The Three-Step/Four-Test Transfer Analysis

PROTECTING BUSINESS ENTITIES
10:30 - 11:15, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Limited Partnerships, LLCs, C and S Corporations
• Internal and External Entity Protection
• Limitations of Commercial Liability Insurance
• Accounts Receivable Protection
• Protecting Business Equipment
• Separating Dangerous and Valuable Assets
• Solutions to the LLC Sole Member Issue
• Piercing the Corporate Veil
• Planning for the Family Farm

USING BUSINESS ENTITIES TO SHIELD ASSETS
11:15 - 12:00, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• What Assets are Best Protected by an LLC?
• Using Multiple LLCs and Layers
• Steps to Converting to a More Advantageous Business Formation
• “C” Corporate Stock – Transferring Ownership to LLC
• Buy-Sell Agreements

FOREIGN VS. DOMESTIC ASSET PROTECTION TRUSTS
1:00 - 1:45, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Choosing the Most Protective Jurisdiction – What Factors Matter Most?
• Offshore and Domestic Self-Settled Trusts
• Key Elements of Offshore Asset Protection Trust Planning
• Milestones in Defending an Attack on an Offshore Asset Protection Trust
• Foreign Bank Accounts and Other Offshore AP Vehicles
• Domestic Alternatives to Offshore Planning
• Planning Cost Considerations

STRAIGHTFORWARD AND SIMPLE SOLUTIONS TO THE TAXATION CHALLENGES
1:45 - 2:15, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Federal Estate Tax
• Gift Tax
• Generation-Skipping Tax

PLANNING MARITAL ASSETS
2:15- 2:45, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Joint and Separate Property
• Marital Ownership
• Marital Property Division Agreements

ADVANCED REAL ESTATE PROTECTION
3:00 - 4:00, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Stripping Equity
• Deeds of Trust
• Arm's Length Case Sale
• QPRT (Qualified Personal Residence Trust)
• Defective Irrevocable Trusts
• LLCs and LPs
• Homestead Exemption
• Understanding Lien Priorities
• New Bankruptcy Provision on Homestead

SOPHISTICATED INSURANCE AND RETIREMENT FUNDS PLANNING
4:00 - 4:40, Jonathan E. Gopman, Robert L. Lancaster and Matthew N. Turko

• Liability Insurance
• Life Insurance and Annuities
• Retirement Plans
• IRAs
• Split Dollar Insurance and Premium Financing Planning

JONATHAN E. GOPMAN is a partner in the Naples office of Cummings & Lockwood, LLC. Mr. Gopman's practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs. He assists entrepreneurs with their personal and business planning needs at all phases of the wealth accumulation and preservation cycle. In his practice, Mr. Gopman takes a four part approach to wealth preservation planning by assisting individuals in implementing sophisticated estate planning, tax deferral, tax-favored investment and asset protection structures. His personal practice emphasizes international wealth preservation planning. Mr. Gopman has substantial experience in assisting high net worth families with international and domestic estate planning, implementing foreign trust structures, business planning and general tax planning. He is a commentator on asset protection planning matters for Leimberg Information Services, Inc. ("LISI"), a member of the legal advisory board of Commonwealth Trust Company in Wilmington, Delaware, and a member of the Society of Trust and Estate Practitioners ("STEP"). Mr. Gopman is a member of the University of Miami Citizens Board and previously served on its Executive Committee. He also co-wrote the revised version of the BNA Portfolio Estate Tax Payments and Liabilities. In addition to his BNA Portfolio, Mr. Gopman has written and co-written numerous publications on estate planning, tax and wealth protection matters. He also has made numerous presentations around the country on estate planning, tax and wealth protection planning matters. Mr. Gopman earned his B.A. degree from the University of South Florida, his J.D. degree, with high honors, from Florida State University and his LL.M. degree from the University of Miami School of Law. He is admitted to practice law in Florida, North Carolina, and before the U.S. Court and the U.S. District Court Western District of North Carolina.

ROBERT L. LANCASTER is a principal of Cummings & Lockwood, LLC. Mr. Lancaster is a member of the firm's Private Clients Group in Naples, Florida. He focuses his practice on sophisticated wealth accumulation and preservation planning strategies for high net worth entrepreneurs, executives, doctors, and other professionals. Mr. Lancaster's personal practice emphasizes foreign and domestic wealth preservation planning. He has authored and co-authored publications on estate planning and wealth protection matters. Mr. Lancaster is a member of The Florida Bar (Real Property, Probate and Trust Law Section), as well as a member of the Asset Preservation Committee of The Florida Bar. Additionally, he is active on the Board of Directors for the Young Lawyers' Section of the Collier County Bar Association. He earned his B.S. degree, cum laude, from Florida State University, his LL.M. degree from the University of Florida, Levin College of Law and his J.D. degree, with honors, from the University of Florida, Levin College of Law. During law school, Mr. Lancaster served as a teaching assistant, a research assistant, and a member of the Florida Law Review.

MATTHEW N. TURKO joined the Naples office of Cummings & Lockwood, LLC in 2006 as an associate in the Private Clients Group. He was admitted to The Florida Bar (Real Property, Probate and Trust Section) in 2006 and the Connecticut Bar Association in 2007. Mr. Turko earned his B.S. degree, summa cum laude, from Eastern Connecticut State University and his J.D. degree, magna cum laude, from Stetson University College of Law. While at Stetson, he received the Melvyn Trute P.A. Trust Award in recognition of obtaining the highest standing in trusts.

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