Live Seminar

Estate Planning and Administration: The Complete Guide

Seminar

Date:

2 Day Seminar
Tuesday, April 24, 2018 -
Wednesday, April 25, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78753ER

Location:

Hyatt Place Tampa Airport/Westshore

4811 West Main Street

Tampa, FL 33607

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • FL CLE - 14.50

CPE for Accountants

  • CPE for Accountants/NASBA - 14.00

Other

  • Financial Planners - 14.00
  • IACET - 1.20

Program Description

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.

Who Should Attend

This basic-to-intermediate level seminar on estate planning and administration is designed for:

  • Attorneys
  • Accountants and CPAs
  • Paralegals
  • Tax Managers
  • Trust Officers
  • Certified Financial Planners
  • Investment Advisers

Course Content

DAY 1: ESTATE PLANNING AND TRUST BASICS

  1. Key Laws and Client Intake/Goal Setting
  2. Planning for Long-Term Care and End-of-Life Decisions
  3. Testamentary Documents - Drafting Do's and Don'ts
  4. Common Trust Structures and When They're Used
  5. Transfers During Life and Inter-Vivos Trusts
  6. Tax Consequences of Trusts

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process Overview
  2. Post-Mortem Tax Planning Options
  3. Legal Ethics in Estate Practice
  4. Marshalling Assets and Dealing with Creditors
  5. What to do if the Estate/Trust is Challenged
  6. Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 14.50 *

Financial Planners – Financial Planners: 14.00

International Association for Continuing Education Training – IACET: 1.20

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *


* denotes specialty credits

Agenda / Content Covered

DAY 1: ESTATE PLANNING AND TRUST BASICS

  1. Key Laws and Client Intake/Goal Setting
    9:00 - 9:45, Written by D. Rep DeLoach III.
    Presented by Keith Durkin in Orlando and D. Rep DeLoach III in Tampa.
    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
    9:45 - 10:45, Written and presented by Daniel Medina in Orlando and D. Rep DeLoach III in Tampa.
    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
    11:00 - 12:00, Written by Kenneth J. Crotty.
    Presented by Christina Miner in Orlando and Kenneth J. Crotty in Tampa.
    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
    1:00 - 2:15, Written by Kenneth J. Crotty.
    Presented by Christina Miner in Orlando and Kenneth J. Crotty in Tampa.
  5. Transfers During Life and Inter-Vivos Trusts
    2:30 - 3:30, Written by Daniel Medina .
    Presented by Daniel Medina in Orlando and John M. Hemenway in Tampa.
    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 Peggy C. Clarie Senentz.
    Presented by Keith Durkin in Orlando and Peggy C. Clarie Senentz in Tampa.

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process Overview
    9:00 - 10:30, Written by R. Craig Harrison.
    Presented by Harley S. Herman in Orlando and R. Craig Harrison in Tampa.
    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
  2. Post-Mortem Tax Planning Options
    10:45 - 11:30, Written by James F. Gulecas.
    Presented by Meredith Pitts Smith in Orlando and James F. Gulecas in Tampa.
  3. Legal Ethics in Estate Practice
    11:30 - 1:30, (Lunch 12:00-1:00) Written by Harley S. Herman .
    Presented by Harley S. Herman in Orlando and Peggy C. Clarie Senentz in Tampa.
    1. Who is Your Client?
    2. Testamentary Capacity
    3. Protecting Confidentiality
    4. Attorney Fees
  4. Marshalling Assets and Dealing with Creditors
    1:30 - 2:15, Written by Larry P. Studer.
    Presented by Larry P. Studer in Orlando and James F. Gulecas in Tampa.
    1. Dealing with Creditors: Notices, Apportionment
    2. Solving Liquidity Problems
    3. Claiming Portability Election
  5. What to do if the Estate/Trust is Challenged
    2:30 - 3:30, Written by Taso M. Milonas.
    Presented by Taso M. Milonas in Orlando and Tampa.
  6. Closing the Estate
    3:30 - 4:30, Written by Jeffrey S. Goethe.
    Presented by Meredith Pitts Smith in Orlando and Jeffrey S. Goethe in Tampa.
    1. Final Accounting
    2. Final Tax Returns
    3. Final Beneficiary Distributions

PEGGY C. CLARIE SENENTZ is an attorney with Clarie Law Offices, P.A. She is a member of The Florida Bar, St. Petersburg Bar Association and Clearwater Bar Association. Ms. Clarie Senentz holds memberships in the American Council Association, Florida Association for Women Lawyers, and the Florida Adoption Council. She frequently speaks at seminars and writes publications on the topics of estate planning, probate and trust administration, adoptions, and contested litigation. Ms. Clarie Senentz has been recognized by The Florida Bar as a board certified adoption attorney. She earned both her B.A. degree and M.A. degree from the University of Tampa, and her J.D. degree, cum laude, from Barry University School of Law. (Tampa location)

KENNETH J. CROTTY is a partner in the Clearwater, Florida, law firm of Gassman, Crotty & Denicolo, P.A. He practices in the areas of estate tax and trust planning, taxation, physician representation, and corporate and business law. Mr. Crotty has co-authored several handbooks that have been published in BNA Tax & Accounting; Steve Leimberg's, Estate Planning and Asset Protection Planning Newsletters; and Estate Planning magazine. Mr. Crotty, Alan Gassman and Christopher Denicolo are the coauthors of the BNA book, Estate Tax Planning, in 2011 & 2012. He received his B.A. degree from the University of California, his J.D. degree from Quinnipiac University and his LL.M. degree from the University of Miami. (Tampa location)

D. REP DELOACH III is an attorney in the Seminole law firm of DeLoach & Hofstra, P.A., where he practices in the areas of elder law, estate planning, and probate. Mr. DeLoach is board certified in elder law by The Florida Bar Board of Legal Specialization and Education. He has previously lectured for National Business Institute on elder law issues. Mr. DeLoach is a member of the National Academy of Elder Law Attorneys, the Florida Academy of Elder Law Attorneys, the Pinellas County Estate Planning Council, the Life Care Planning Law Firm Association, and the St. Petersburg and Clearwater bar associations. He earned his B.A. and J.D. degrees from Mercer University. (Tampa location)

KEITH DURKIN is a partner in the Orlando office of Broad and Cassel. He is a member of the estate planning and trusts practice group and has experience in a full range of estate planning documents, including charitable remainder trusts, QTIP trusts, generation skipping trusts, short-term irrevocable trusts, insurance trusts, and special needs trusts. His focus also includes asset purchase agreements, shareholder agreements, complex financing documents, international licensing and distribution agreements, operating agreements with guaranteed payments, preferred returns, tag along/drag along rights, and detailed tax allocation exhibits including qualified income offset provisions and deficit restoration obligations. Mr. Durkin has also drafted various corporate merger documents including "A," "E," and "F" type reorganizations, as well as researched, drafted, edited, and prepared memos on all areas of taxation, including S-Corp taxation, partnership taxation, employee benefits, corporate tax, personal tax, tax-exempt entities, payroll tax, excise tax, international tax. He also represents taxpayers in tax controversies before the IRS, and preparing Non-Profit 501(c)(3) applications. Mr. Durkin was named a 2011 Rising Star by Super Lawyers magazine in estate planning and probate law, an honor earned by less than 2.5% of attorneys in Florida. He received his B.A. degree from Tulane University, New Orleans; his J.D. degree, cum laude, from University of Miami School of Law, Coral Gables; and his LL.M. degree in taxation from New York University School of Law, New York. He is admitted to The Florida Bar and is a member of the American Bar Association. (Orlando location)

JEFFREY S GOETHE is a partner with the Bradenton law firm of Barnes, Walker, Goethe, Hoonhout, Perron & Shea, PLLC. Mr. Goethe earned his B.A. degree from Maryville College in Tennessee and his law degree from the University of Tennessee at Knoxville. He is board certified by The Florida Bar as a specialist in wills, trusts and estates law and a fellow of the American College of Trust and Estate Counsel. Mr. Goethe has been an active member of The Florida Bar’s Real Property Probate and Trust Law Section, serving on its Executive Council; Probate Law and Procedure Committee; Florida Bar Journal Committee; Ad Hoc Committee on Estate Planning Attorney Conflicts of Interest; Homestead Problems Study Committee; and the Wills, Trusts and Estates Certification Review Course Committee. In 2016, he was awarded the John Arthur Jones Annual Service Award for service to the RPPTL Section. He currently serves on The Florida Bar Probate Rules Committee and is a past chair. He is a member of the Manatee County Bar Association, has served on its Board of Directors, and is a past president, and is also a member of the Sarasota County Bar Association. Mr. Goethe is a master with the Manatee County Inn of Court and a member of the Manatee Estate Planning Council. (Tampa location)

JAMES F. GULECAS is the principal of the Dunedin law firm of James F. Gulecas, P.A., where he practices in the areas of estate planning, probate and trust administration and litigation, taxation, and corporate and business law. Mr. Gulecas is an active member of the The Florida Bar (member, dual board certified in tax law and wills, trusts and estates). He earned his B.A. degree from Dartmouth College; his M.B.A. and J.D. degrees from the University of California at Davis; and his LL.M. degree, in taxation, from the University of Florida, where he was a graduate editor of the Florida Tax Review. Some of his many written works include, “Old Trusts - New Tricks (with Forms)” and “Drafting the Lifetime QTIP Trust (with Sample Provisions),” which were both published in the Practical Tax Lawyer. Mr. Gulecas is a member of the Pinellas County Estate Planning Council, the Dartmouth Lawyers Association, and the Clearwater Bar Association. (Tampa location)

R. CRAIG HARRISON is a partner with the law firm of Lyons, Beaudry & Harrison, P.A., in Sarasota, Florida. His areas of practice include civil trial practice, real estate, real property law, trusts, estate planning and litigation, trust litigation and guardianship avoidance, and litigation. Mr. Harrison earned his A.A. degree at Grand Rapids Junior College, his B.A. degree from the University of Michigan at Ann Arbor, and his J.D. degree from the University of Detroit. He is a past recipient of the American Jurisprudence Award in trusts and estates. Mr. Harrison is board certified by The Florida Bar as a specialist in estate planning, trust and probate law. He is a member of The Florida Bar and the State Bar of Michigan. Mr. Harrison also is a member of the Sarasota Bar Association, a former president of the Sarasota Downtown Association and director of the Sarasota Downtown Association. (Tampa location)

JOHN M. HEMENWAY is a founding partner of Bivins & Hemenway, P.A., where he serves as a trusted legal advisor to business owners, real estate investors, and families seeking to preserve and pass down their wealth and values. His practice focuses on estate planning and probate, closely held businesses, and real estate, combining experience in each of these areas to provide a comprehensive approach to transactions and planning. Mr. Hemenway is a cum laude graduate of the University of Florida College of Law, and is named to the Super Lawyers Magazine Florida Rising Stars list. He is a member of the Board of Directors of the Tampa Bay Estate Planning Council, and a prior presenter at National Business Institute seminars on both probate and estate planning topics. (Tampa location)

HARLEY S. HERMAN practices litigation probate and general civil trial law as a managing partner of Herman and Herman, a Plant City law firm. He has taught estates and trust law at the FAMU College of Law and Business Law; criminal justice at Savannah State University; and numerous CLE courses for lawyers, accountants, and law-related professionals. Mr. Herman continues to mentor young attorneys through The Florida Bar's Lawyer to Lawyer program. In addition to his work in estates, trusts and elder law, Mr. Herman earned his LL.M. degree from Stetson University and his J.D. degree from the University of Florida. (Orlando location)

DANIEL MEDINA is a member of Medina Law Group P.A., where he practices in the areas of estate planning, wills, trust law, corporate tax planning, probate administration and corporate law. Mr. Medina is a member of the Lakeland and American bar associations, The Florida Bar, and the Estate Planning Council of Polk County. He is board certified in wills, trusts and estates. He earned his B.A. degree from Northeastern Bible College and his J.D. degree, with honors, and LL.M. degree University of Florida. (Orlando location)

TASO M. MILONAS focuses his practice principally in the areas of estate planning and probate litigation. He routinely represents both fiduciaries and beneficiaries in complex will and trust disputes throughout Florida. Mr. Milonas is a Florida Bar board certified tax lawyer. He received his LL.M. in taxation from the University of Florida Frederic G. Levin College of Law and J.D. degree from Stetson University College of Law. Mr. Milonas has been ranked highly by his fellow attorneys in numerous professional peer review ratings, including Martindale-Hubbell’s AV® rating (highest possible), Florida Trend’s Legal Elite, and Florida Super Lawyers. He also has a 10/10 Avvo rating. Mr. Milonas currently serves on the Executive Council of The Florida Bar Tax Section and was recently appointed co-director of the Federal Tax Division. He has published numerous articles and is a frequent lecturer on taxes, estate planning and probate matters. (Tampa and Orlando locations)

CHRISTINA MINER is an attorney with Giles & Robinson, P.A., Orlando’s oldest law firm. She practice includes full-service estate plan preparation, estate and trust administration, guardianship and guardian advocate services, special needs trusts, and probate. She is a member of the Central Florida Estate Planning Council; The Florida Bar (Real Property, Probate, and Trust Law Section); co-chair of the Orange County Bar Association Estate, Guardian, and Trust Committee; and the National Association of Divorce Professionals (NADP). She earned her B.S. and M.S. degrees at the University of Central Florida, and her J.D. degree at Florida A&M College of Law. (Orlando location)

MEREDITH PITTS SMITH is a partner in the Orlando office of CPLS, P.A. She is a member of the firm's litigation, guardianship, elder law, estate planning, probate, and personal injury law groups. Ms. Smith is a member of The Florida Bar and Orange County Bar Association. She earned her B.S. degree at Florida State University and her J.D. degree at Florida State University College of Law. (Orlando location)

LARRY P. STUDER is a sole practitioner in Orlando, Florida, where he focuses his practice in the areas of wills, trusts, and estates; assistance planning; litigation involving wills, trusts, and estate matters; guardianships; and real property transactions. Mr. Studer has handled numerous hearings and other matters that arise in litigation, as well as appeals to the Florida District Court of Appeal for the Fifth District. He is admitted to The Florida Bar. Mr. Studer earned his bachelor's degree and master's degree from Florida State University, and his Juris Doctorate degree from the University of Florida Fredric G. Levin College of Law. (Orlando location)

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

FL CLE: 14.50 Includes - Elder Law: 14.50, Ethics: 1.00, Tax: 14.50, Wills, Trusts and Estates: 14.50
Approved by The Florida Bar for a maximum of 14.5 general hours of CLER credit including 1.0 hour of ethics. Certification: 14.5 - Elder Law; 14.5 - Tax Law; 14.5 - Wills, Trusts and Estates


Financial Planners

N CF: 14.00
This program has been accepted by the Certified Financial Planner Board of Standards Inc. and qualifies for 14.0 hours of CE credit for CFP® Certificants. The Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with plaque design) and CFP® (with flame design) in the US, which it awards to individuals who successfully complete initial and ongoing certification requirements.

Upon completion of this course, attendee will be able to: 1. Identify top 3 reasons clients seek estate planning. 2. Recall at least 3 ways to fund long-term care. 3. Distinguish between a will and a living trust. 4. Explain when to use a special needs trust. 5. Recall at least 3 methods of non-probate transfers to beneficiaries. 6. Analyze how transfers during life affect tax. 7. List all the key steps of probate process. 8. List at least 2 post-mortem tax planning techniques. 9. Recall how notice to creditors is to be handled. 10. Distinguish between ethical and unethical practices. 11. Explain how an estate/trust is challenged. 12. Recall at least 3 key pieces of information that must be included in the final accounting.

International Association for Continuing Education Training

N IACET: 1.20
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 1.2 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Identify top 3 reasons clients seek estate planning. 2. Recall at least 3 ways to fund long-term care. 3. Distinguish between a will and a living trust. 4. Explain when to use a special needs trust. 5. Recall at least 3 methods of non-probate transfers to beneficiaries. 6. Analyze how transfers during life affect tax. 7. List all the key steps of probate process. 8. List at least 2 post-mortem tax planning techniques. 9. Recall how notice to creditors is to be handled. 10. Distinguish between ethical and unethical practices. 11. Explain how an estate/trust is challenged. 12. Recall at least 3 key pieces of information that must be included in the final accounting.

National Association of State Boards of Accountancy

N NAS: 14.00 Includes - Regulatory Ethics: 1.00, Specialized Knowledge: 5.00, Taxes: 8.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 14.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of the process of estate planning and administration. Upon completion of this course, attendee will be able to: 1. Identify top 3 reasons clients seek estate planning. 2. Recall at least 3 ways to fund long-term care. 3. Distinguish between a will and a living trust. 4. Explain when to use a special needs trust. 5. Recall at least 3 methods of non-probate transfers to beneficiaries. 6. Analyze how transfers during life affect tax. 7. List all the key steps of probate process. 8. List at least 2 post-mortem tax planning techniques. 9. Recall how notice to creditors is to be handled. 10. Distinguish between ethical and unethical practices. 11. Explain how a trust is terminated. 12. Recall at least 3 key pieces of information that must be included in the final accounting. Field(s) of Study -- Taxes; Specialized Knowledge; Regulatory Ethics.

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702