Live Seminar

Estate Planning and Administration: The Complete Guide

Seminar

Date:

2 Day Seminar
Monday, April 23, 2018 -
Tuesday, April 24, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78758ER

Location:

Pan American Conference and Media Center

601 Poydras Street, 11th Floor

New Orleans, LA 70170

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • LA CLE - 12.00

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

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process Overview
  2. Post-Mortem Tax Planning Options
  3. Marshalling Assets and Dealing with Creditors
  4. Legal Ethics in Estate Practice
  5. Trust Administration and Termination Basics
  6. Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *

Financial Planners – Financial Planners: 14.00

International Association for Continuing Education Training – IACET: 1.20


* 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, Rose S. Sher
    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. Testamentary Documents - Drafting Do's and Don'ts
    9:45 - 10:45, Ronald W. Morrison Jr.
    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
  3. Common Trust Structures and When They're Used
    11:00 - 11:45, William J. Dutel
  4. Transfers During Life and Inter-Vivos Trusts
    11:45 - 12:45, Elsbet C. Smith
    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
  5. Planning for Long-Term Care and End-of-Life Decisions
    1:45 - 3:15, Steven M. Jankower
    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
  6. Tax Consequences of Trusts
    3:30 - 4:30, Skip Lloyd

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process Overview
    9:00 - 10:00, Danielle Clark Davenport
    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
    10:15 - 11:15, Skip Lloyd
  3. Marshalling Assets and Dealing with Creditors
    11:15 - 12:15, William J. Dutel
    1. Dealing with Creditors: Notices, Apportionment
    2. Solving Liquidity Problems
    3. Claiming Portability Election
  4. Legal Ethics in Estate Practice
    1:15 - 2:15, Danielle Clark Davenport
    1. Who is Your Client?
    2. Testamentary Capacity
    3. Protecting Confidentiality
    4. Attorney Fees
  5. Trust Administration and Termination Basics
    2:15 - 3:15, Gregory S. LaCour
  6. Closing the Estate
    3:30 - 4:30, Gregory S. Marsiglia
    1. Final Accounting
    2. Final Tax Returns
    3. Final Beneficiary Distributions

DANIELLE CLARK DAVENPORT is an attorney at her law firm Danielle Clark Davenport, Attorney at Law, in Gretna, Louisiana, where she practices in the areas of estate planning, child custody and divorce law. Ms. Davenport has served as a research assistant, student intern for the Louisiana First Circuit Court of Appeal, student representative for Thomson West, law clerk for the Louisiana Department of Natural Resources and Criminal Justice Committee clerk for the Louisiana House of Representatives. She earned her B.A. degree from the University of New Orleans and her J.D. degree from Southern University Law Center.

WILLIAM J. DUTEL is the owner of Dutel Law Firm. Mr. Dutel focuses his practice in estate planning, trusts and successions, as well as succession and trust litigation, business representation and business litigation. He has more than 30 years of experience in handling successions and trusts and also has a great deal of experience with trust litigation. Mr. Dutel has previously lectured to various groups on his areas of practice, including speaking at the annual meeting of the American Bar Association on new forms of lending. Mr. Dutel is a member of the 22nd Judicial District Court Bar Association, Louisiana State Bar Association, and the American Bar Association. He earned his B.S. degree from the University of New Orleans and his J.D. degree from Tulane University School of Law.

STEVEN M. JANKOWER has practiced law in Lafayette, Louisiana, for more than 33 years. He is the father of a child with special needs and has focused much of his practice on the handling of estate planning issues involving individuals with disabilities. Mr. Jankower currently serves as the president of the Board of Directors of LARC and is a past president of the organization. He is a member of the National Association of Elder Law Attorneys. Mr. Jankower has written several articles on the subject of estate planning for individuals with disabilities through the use of special needs trusts. He is the author of a regular newsletter on Medicaid planning issues. Mr. Jankower earned his undergraduate degree from the University of Southwestern Louisiana and his J.D. degree from the Louisiana State University Law Center.

GREGORY S. LaCOUR is a partner with the law firm of Blue Williams, LLP. He specializes in fiduciary litigation and corporate governance. Mr. LaCour draws from over 21 years of litigation experience as he provides advice both to fiduciaries and to business owners. His other practice areas include estate planning, business succession planning, corporate acquisitions, sales and mergers, and contractual drafting and negotiations. He has extensive litigation and trial experience in both state and federal courts. Mr. LaCour earned his undergraduate degree from the University of Virginia and his J.D. degree from the Paul M. Herbert Law Center at Louisiana State University.

SKIP LLOYD, CPA, CGMA, is a senior tax manager with Carr, Riggs & Ingram, LLC, in their Mandeville, Louisiana office. For over 41 years he has practice in the area of income tax, and estate and gift tax planning for closely held companies and their owners. His practice has been concentrated with professionals such as doctors, dentists, engineers, and attorneys; and in the field of agriculture and aquaculture. Mr. Lloyd has extensive experience dealing with IRS audits of income, estate and gift tax returns. He concentrates on large LLCs taxed as partnerships. Mr. Lloyd is a member of the American Institute of Certified Public Accounts. He earned his B.B.A. degree in accounting at The University of Mississippi.

GREGORY S. MARSIGLIA is an attorney with the New Orleans firm of Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., practicing in the areas of banking and finance law, bankruptcy law, business and commercial law, business organizations, probate, estate planning and administration, insurance law, complex litigation, state trial practice, personal injury, real estate law, and land use and zoning. He is admitted to practice in Louisiana and the U.S. District Court. Mr. Marsiglia received his B.A. degree, in economics, from Tulane University and his J.D. degree from Tulane Law School.

RONALD W. MORRISON JR. is a board certified estate planning law specialist as certified by the Louisiana Board of Legal Specialization and is a partner in the Metairie law firm of Morrison & Morrison, PLC. Mr. Morrison's estate planning practice includes wills, living wills, and powers of attorney; successions; succession, trust and fiduciary litigation; special needs trusts; Louisiana Veterans Administration planning; elder law; and business planning and litigation. He is a member of the Louisiana State Bar Association, the Jefferson Bar Association and the New Orleans Estate Planning Council. Mr. Morrison has given numerous presentations on elder law, Medicaid, business and estate planning topics to attorneys, CPA's, financial advisors, certified financial planners, and insurance agents. He earned his B.S. degree from the University of New Orleans and his J.D. degree, cum laude, from Southern University Law Center.

ROSE S. SHER is an attorney in the law firm of Sessions, Fishman, Nathan & Israel, L.L.C., where she practices primarily in the areas of estate planning, estate administration, elder law and special needs planning. Prior to joining the firm, Ms. Sher served for two years as a law clerk to the Honorable Brian A. Jackson, chief judge of the U.S. District Court for the Middle District of Louisiana. Ms. Sher is the co-chair of the New Orleans Bar Association's Wills, Trusts and Successions Committee, and she is a member of the New Orleans Estate Planning Council, the Association for Women Attorneys, the American Bar Association and the Louisiana State Bar Association. She earned her undergraduate degree, cum laude, from the University of Southern California and her Juris Doctor, cum laude, from Tulane Law School.

ELSBET C. SMITH is an attorney in the law firm of Chehardy, Sherman, Williams, Murray, Recile, Stakelum & Hayes, LLP. Since 2007, Ms. Smith’s practice focuses primarily on estate planning, including wills and trusts, as well as successions. She also handles business and commercial law matters, ranging from entity formation and organization to contract negotiations to real estate transactions. Ms. Smith currently serves as chair-elect of the Greater Hammond Chamber of Commerce and as secretary of the Louisiana Children’s Discovery Center. She also serves on the Board of Directors of the Tangipahoa Economic Development Foundation. Ms. Smith is a member of the Louisiana State Bar Association, the Twenty-First Judicial District Bar Association, and the Northshore Estate Planning Council. She earned her B.A. degree, summa cum laude, at Sweet Briar College and her J.D. degree and Bachelor of Civil Law at the Paul M. Hebert Law Center at Louisiana State University.

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

LA CLE: 12.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of 12.0 hours (based on a 60-minute credit hour) of credit, of which 1.0 hour will apply to ethics. NBI, Inc. intends to apply to the Louisiana Board of Legal Specialization for specialization CLE credit for this program.


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. Distinguish between a will and a living trust. 3. Explain when to use a special needs trust. 4. Recall at least 3 methods of non-probate transfers to beneficiaries. 5. Recall at least 3 ways to fund long-term care. 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.

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. Distinguish between a will and a living trust. 3. Explain when to use a special needs trust. 4. Recall at least 3 methods of non-probate transfers to beneficiaries. 5. Recall at least 3 ways to fund long-term care. 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.

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Fax: 715.835.1405
Mail: NBI
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