Agenda / Content Covered

DAY 1: ESTATE PLANNING AND TRUST BASICS

1. Key Laws and Client Intake/Goal Setting
   9:00 - 10:00, Written by Wesley R. Harvin II. Presented by Monique M. Sadarangani in Miami and Wesley R. Harvin II in West Palm Beach.
   1. Laws Governing the Estate Practice
   2. Current Federal Tax Regime
   3. Relevant State Taxes
   4. Reasons for Setting Up Trusts
   5. Client Meetings and Customizing Client Intake Forms
2. Planning for Long-Term Care and End-of-Life Decisions
   10:15 - 11:15, Written by Audra J. Simovitch. Presented by Alina Nuñez in Miami and Audra J. Simovitch in West Palm Beach.
   1. Financial Powers of Attorney
   2. Advance Medical Directives
   3. Planning for Retirement and Estate Planning
   4. Long-Term Care Placement Options
   5. Funding Long-Term Care
   6. Medicaid Planning and Estate Recovery
      1. The Lookback Rules and the Penalty Period
      2. Exempt vs. Non-Exempt Assets
      3. Outright Gifts vs. Gifts Into Trust
   7. Special Needs Planning
3. Testamentary Documents - Drafting Do's and Don'ts
   11:15 - 12:15, Written by Audra J. Simovitch. Presented by Alina Nuñez in Miami and Audra J. Simovitch in West Palm Beach.
   1. Wills vs. Trusts
   2. Testamentary Trust vs. Inter-Vivos Trust with a Pour-Over Will
   3. Designating Fiduciaries
   4. Recording Assets - Checklist
   5. Sample Will Review
4. Common Trust Structures and When They're Used
   1:15 - 2:15, Written by Ernesto Martinez Jr.. Presented by Ernesto Martinez Jr. in Miami and Audra J. Simovitch in West Palm Beach.
5. Transfers During Life and Inter-Vivos Trusts
   2:30 - 3:30, Written and Presented by Howard D. Rosen in Miami and West Palm Beach.
   1. Beneficiary Designations
   2. Titling Assets
   3. Gifting Approaches
   4. Tax Effects of Asset Transfers During Life
   5. Top Creditor Protection Approaches
   6. Planning for Real Estate
   7. Types and Functions of Common Living Trusts
6. Tax Consequences of Trusts
   3:30 - 4:30, Written by William G. Smith. Presented by Ernesto Martinez Jr. in Miami and William G. Smith in West Palm Beach.

DAY 2: PROBATE AND ESTATE ADMINISTRATION

7. Probate Process Overview
   9:00 - 10:00, Written by Monique M. Sadarangani. Presented by Monique M. Sadarangani in Miami and Wesley R. Harvin II in West Palm Beach.
   1. Crucial Due Dates Timeline
   2. Community Property Law in Estate Administration
   3. Intestacy Rules
   4. Executor's Duties and Powers
   5. Administration Process Checklist
8. Trust Administration and Termination Basics
   10:15 - 11:15, Written by Wesley R. Harvin II. Presented by Nichole D. Scott in Miami and Wesley R. Harvin II in West Palm Beach.
9. Post-Mortem Tax Planning Options
   11:15 - 12:15, Written by William G. Smith. Presented by Audra J. Simovitch in Miami and William G. Smith in West Palm Beach.
10. Marshalling Assets and Dealing with Creditors
    1:15 - 2:15, Written by Mark R. Manceri. Presented by James R. Sloto in Miami and Mark R. Manceri in West Palm Beach.
    1. Dealing with Creditors: Notices, Apportionment
    2. Solving Liquidity Problems
    3. Claiming Portability Election
11. Legal Ethics in Estate Practice
    2:30 - 3:30, Written by Patricia Donlevy-Rosen. Presented by Patricia Donlevy-Rosen in Miami and Mark R. Manceri in West Palm Beach.
    1. Who is Your Client?
    2. Testamentary Capacity
    3. Protecting Confidentiality
    4. Attorney Fees
12. Closing the Estate
    3:30 - 4:30, Written by James R. Sloto. Presented by James R. Sloto in Miami and Audra J. Simovitch in West Palm Beach.
    1. Final Accounting
    2. Final Tax Returns
    3. Final Beneficiary Distributions

PATRICIA DONLEVY-ROSEN is a shareholder (partner) in the firm of Donlevy-Rosen & Rosen, P.A. She is admitted to practice law in Florida and New York. Ms. Donlevy-Rosen is a frequent lecturer on asset protection, and corporate and business planning subjects. She is co-editor/publisher of, and a frequent contributing author for, "The Asset Protection News®" and has also published asset protection articles in professional and other publications, such as Tax Management's Estates, Gifts and Trusts Journal, RIA's Journal of Asset Protection, Aspen Publishers Asset Protection Journal, Offshore Finance USA, the South Florida Business Journal, the Women's Business Journal, and others. Ms. Donlevy-Rosen is a member of the Board of Advisors of the Southpac Offshore Planning Institute (SOPI), the Asset Protection Planning Committee of the Real Property, Probate and Trust Law Section of the ABA, the ABA Law Practice Management Section Women Rainmakers Interest Group, the Business Law and Real Property, Probate and Trust Law Sections of The Florida Bar, the Florida Association of Women Lawyers, the Dade County and Coral Gables bar associations, and the Coral Gables Chamber of Commerce. She served as a director of the New Women Entrepreneur Center, Corp. (1995-1996), on the Real Property Professionalism Committee of the Real Property, Probate, and Trust Law Section of The Florida Bar (1994-1995), and on the Economics of Real Property Law Committee of the same section (1993-1994). Ms. Donlevy-Rosen earned her B.A. degree in economics from Vassar College and her J.D. degree, cum laude, from New York Law School, where she was notes and comments editor of the Law Forum and a member of the Student Bar Association. (Miami location)

WESLEY R. HARVIN II is an attorney with Harvin & Harvin LLP. His areas of practice include business planning with tax emphasis, estate planning, wills, trusts, elder care, and Medicaid planning. Mr. Harvin is admitted to practice in Florida and in all courts in the state of Florida. He is a member of The Florida Bar and the Martin County Real Property Association. Mr. Harvin earned his B.A. degree, summa cum laude, from the University of Florida; his J.D. degree from the University of Florida, Levin College of Law; and his LL.M. degree in estate planning from the University of Miami School of Law. (West Palm Beach location)

MARK R. MANCERI is the owner of Mark R. Manceri, P.A., where he specializes his practice in estate, trust and guardianship litigation. These matters include will and trust contests involving lack of capacity, undue influence, forgery, improper execution, and tortious interference with an inheritance. Other areas include trust reformations and modifications, creditor claims, trust and will construction, accounting disputes, and all types of actions alleging a breach of fiduciary duty. The firm represents both fiduciaries and beneficiaries, including corporate trust companies and professional guardians. Mr. Manceri has handled hundreds of adversarial estate, trust and guardianship matters in Florida over the last 25 years and has been involved in over 30 appeals. He has been certified by The Florida Bar in wills, trusts and estates since 1991. Mr. Manceri is also a Florida certified public accountant since 1984. He earned his B.S. degree from Long Island University and his J.D. degree from the University of Miami. (West Palm Beach location)

ERNESTO MARTINEZ JR. has been an attorney for more than 27 years, concentrating his practice in wills, trusts, estates, taxation, estate planning, and real estate. He is a member of The Florida Bar, the Southern District of Florida, and the United States Tax Court; and is a certified public accountant. Mr. Martinez earned his B.B.A. degree with a major in accounting, cum laude, from the University of Miami; his J.D. degree from Columbia University School of Law; and his Master of Science degree in taxation from Florida International University School of Accounting. (Miami location)

ALINA NUÑEZ has over 14 years' experience practicing in the areas of probate law, testaments, wills, and real estate law. Ms. Nuñez is also a licensed title agent. She received her Bachelor's degree from Florida International University, majoring in business administration. She earned her J.D. degree from Nova Southeastern University Shepard Broad School of Law. Ms. Nuñez is a member of The Florida Bar and has been admitted to practice before the United States District Court for the Southern and Middle districts of Florida and the Florida Southern District Bankruptcy Court. She is also an active member of the Cuban American Bar Association, Dade County Bar Association Young Lawyers Division, and is a long standing member of the BNI Superior chapter in Miami-Dade County. In addition, Ms. Nuñez is a title agent of Old Republic National Title Insurance Company and a member of Attorney's Title Fund Services, LLC. She has represented financial institutions and lenders in the areas of residential and commercial real estate transactions. (Miami location)

HOWARD D. ROSEN is an attorney and certified public accountant practicing law in Miami, Florida, as a shareholder (partner) in the firm of Donlevy-Rosen & Rosen, P.A. Mr. Rosen served as an adjunct professor and lecturer at law at the University of Miami School of Law for 20 years. He was a guest lecturer at the University of Miami School of Business Administration, and is an internationally recognized authority and frequent lecturer on the subjects of asset protection, taxation, and estate planning. Mr. Rosen is the chairman of the Asset Protection Committee of the American Academy of Attorney - Certified Public Accountants (2004 - present). Mr. Rosen is a member of BNA Tax Management's Advisory Board on Estates, Gifts and Trusts (1994 - present); the Board of Advisors of the Southpac Offshore Planning Institute (SOPI); the Asset Protection Planning Committee of the Real Property, Probate and Trust Law Section of the ABA; the Tax and International Law sections of The Florida Bar; and the American Academy of Attorney - Certified Public Accountants. His earned his Bachelor of Business Administration degree, magna cum laude, from the University of Miami; and his J.D. degree, summa cum laude, from the University of Miami, where he was a Reid Scholar. (Miami and West Palm Beach locations)

MONIQUE M. SADARANGANI is an attorney with Monique M. Sadarangani, PLLC. She focuses her practice in estate planning, probate administration, trust administration, guardianship administration, and corporate transactional work. She is a member of The Florida Bar’s Real Property, Probate, and Trust Law Section and Dade County Bar Association. Ms. Sadarangani received a B.A. degree from the University of Hawai’i at Manoa. She obtained a M.A. degree in Asian religions from the University of Hawai’i at Manoa, after spending six months in India working on her Master’s thesis on the interplay between Hindu religious practices and the culinary arts. While studying and traveling, Ms. Sadarangani worked as a student affairs professional, working at the university level in student conduct in order to assist with the recidivism rates of high risk students and those with disciplinary issues. Ms. Sadarangani left student affairs to attend law school and received a J.D. degree from Suffolk University School of Law in Boston, Massachusetts, where she served as a member on the Journal of High Technology Law. Ms. Sadarangani then received an LL.M. degree in estate planning from the University of Miami School of Law. (Miami location)

NICHOLE D. SCOTT is a partner in Holland & Knight LLP's Miami office and is a member of the firm's private wealth services group. Ms. Scott develops and implements various structures for the transfer of wealth from one generation to the next and works with families to ensure that their wealth is preserved for as long as possible. She is experienced in drafting complex trusts, wills and other estate planning instruments, as well as in administering trusts and estates both during the life of the settlor and upon the death of the settlor/decedent. In addition to estate planning and estate litigation, Ms. Scott is also experienced in asset protection planning, including premarital and postmarital planning, and the creation of asset protection trusts. She earned her B.A. degree from the University of Tennessee, her LL.M. degree from the University of Miami School of Law, and her J.D. degree from the University of Tennessee College of Law. Ms. Scott has been an adjunct professor at the University of Miami in the LL.M. tax program since 2008. She is a member of The Florida Bar (Real Property, Probate and Trust Law Section) and the Dade County Bar Association (Probate and Guardianship Committee). (Miami location)

AUDRA J. SIMOVITCH is the founder of the Law Office of Audra Simovitch, P.A., and is of counsel to Drug and Alcohol Attorneys. Drug and Alcohol Attorneys' focus is on helping families that have a loved one who has a mental health illness or substance abuse illness often which are co-occurring. The practice focuses on the guardianship statute, Marchman Act statute, estate planning for special needs, and estate Administration. Ms. Simovitch is admitted to practice in Florida, Massachusetts, Southern District of Florida, District Court of Massachusetts, and U.S. Tax Court. She earned her B.A. degree from the University of Miami, her J.D. degree from Nova Southeastern Shepard Broad Law Center, her LL.M. degree in taxation from Boston University School of Law, and her LL.M. degree in banking and finance from Boston University School of Law. Ms. Simovitch has been practicing in her field for over 25 years in both small and medium-sized law firms. She has actively participated on the Alumni Board of Nova Southeastern University Shepard Broad Law School, as well as the Nova Southeastern Advisory Board for Adults with Intellectual and Developmental Disabilities. Ms. Simovitch has participated in numerous seminars regarding estate administration, estate planning, and guardianship. (Miami and West Palm Beach locations)

JAMES R. SLOTO is a managing member of Sloto & Diamond, PLLC, in Miami, Florida, where his practice focuses on probate, trusts, guardianships, probate and trust litigation, estate planning, and real estate. Mr. Sloto is a member of the Real Property, Probate, and Trust Law Section of The Florida Bar; Miami-Dade County Circuit Court Probate and Guardianship Committee; South Florida Guardianship Program; and a member of Old Republic Title Insurance Company. He has served on the Guardianship Rules Committee of The Florida Bar; and has lectured extensively for The Florida Bar, Miami-Dade County Bar Association, and numerous legal education services and community organizations. Mr. Sloto has been recognized and honored as one of South Florida's Top Lawyers by the South Florida Legal Guide. He earned his B.A. degree from the University of Illinois and his J.D. degree from the University of Miami School of Law. (Miami location)

WILLIAM G. SMITH is an attorney with Jones, Foster, Johnston & Stubbs P.A., where he practices in the areas of estate planning, estate and trust administration, taxation and transactional corporate law. Mr. Smith earned his undergraduate degree, summa cum laude, from Stetson University; and his J.D. degree, magna cum laude, from the University of Florida Levin College of Law, where he was named to the Order of the Coif. After being admitted to The Florida Bar, he went on to earn his LL.M. degree from the graduate tax program at the University of Florida. Mr. Smith currently serves as a board member of the East Coast Estate Planning Council, the Kiwanis Club of West Palm Beach, and the Kiwanis Club of West Palm Beach Foundation. He is a member of the Palm Beach Tax Institute. (West Palm Beach location)