Agenda / Content Covered

1. To Expand Your Planning Options (The Basics)
   8:30 - 9:00, Nancy B. Goodman
   
   1. Main Terms and Legal and Financial Concepts Explained
   2. Complying with Governing Laws and Jurisdiction Considerations
   3. Identifying Trust Main Parties and Their Rights and Duties
   4. Clarifying the Clients' Circumstances, Planning Needs, Assets
   5. Choosing Revocable vs. Irrevocable
   6. Addressing State-Specific Matters
2. To Transfer Assets and Avoid Probate (Versatile Revocable and Testamentary Trusts)
   9:00 - 9:40, Nancy B. Goodman
   
   1. Using Trusts as Will Substitutes
   2. Choosing and Crafting Key Provisions (with Sample Trust Language)
   3. Using the Letter of Intent to Ensure the Assets are Managed and Transferred as Intended
   4. Marital and AB/Credit Shelter Trusts: When are They Still Useful?
   5. Special Designations for Unique, Hard to Sell, and Highly Appreciated Assets
   6. Joint Ownership and Pay on Death Accounts/Instruments as an Alternative to RLTs
3. To Decrease Taxes
   9:40 - 10:25, James B. Swain
   
   1. Complying with the Current Tax Laws
   2. Predicting and Planning for Tax Consequences of the Trust
   3. Minimizing Transfer and Estate Taxes: Portability, Step-up Basis, and More
   4. Planning for Multiple Generations
   5. Using Defective Trusts
   6. Allocating the Taxation of the Trust Income/Principal
   7. CRTs vs. CLTs: Determining the Priority of the Charitable Intent and Structuring the Trust Accordingly
   8. Grantor vs. Nongrantor Trusts in Tax Planning
   9. Sample Trust Provisions Review
4. To Control Distributions and Manage Inherited Assets
   10:40 - 11:10, James B. Swain
   
   1. Ensuring Full Trust Funding
   2. Planning for Regular, Mandatory, and Discretionary Distributions (with Sample Trust Language)
   3. IRA Trusts: Stretching out IRA Distributions
   4. How the Grantor can Control Beneficiary Behavior
   5. Investment and Power of Appointment Provisions
   6. Designing Trust Continuation and Assets Management
   7. Planning for Tax Consequences of Trust Distributions
5. To Preserve Medicaid Benefits and Provide for Disability (Special Needs Trusts, Income-Only Trusts and More)
   11:10 - 11:55, Mandy Moyer
   
   1. Choosing the Right Trust Structure
   2. Preserving Family Assets
   3. How and When IDGITs can Help
   4. Preserving Public Benefits
   5. Making the Funds Available to the Disabled
   6. Trusts, ABLE Accounts and the Medicaid Payback Obligation
6. To Guard Against Third Parties (DAPTs, Spendthrift Provisions, Etc.)
   12:55 - 1:40, Kort D.L. Peterson
   
   1. Determining Top Asset Protection Priorities
   2. First-Party vs. Third-Party Protection
   3. What Jurisdiction Works Best?
   4. Choosing the Trust Structure
   5. Drafting Trust Provisions That Insulate the Grantor (with Sample Trust Language)
   6. Third-Party Discretionary Trusts in a Nutshell
   7. Making Sure Protections Don't Get Stripped
   8. Are Subtrusts Needed?
   9. Using Trusts to Own Real Estate
7. To Transfer and Record Gun Ownership and Use
   1:40 - 2:10, Mandy Moyer
   
   1. Complying with the U.S. Gun Laws
   2. Determining Whether the Firearms in the Estate are Regulated
   3. Drafting the Gun Trust (with Sample Provisions)
   4. Useful Firearms Forms You'll Need and How to Complete Them
   5. Vetting the Beneficiaries as Recipients of Title II Firearms
   6. Preventing Liability
8. To Manage and Transfer a Family Business
   2:10 - 2:55, James B. Swain
   
   1. Using Trusts for Lifetime Transfers
   2. Preventing Family Conflict and Ensuring Continued Operation
   3. Structuring Material Participation by Trusts
   4. Coordinating Family LLC Agreements and Trusts
   5. When and How to Use Dynasty Trusts
   6. Working with Trust Protectors for Business Interests
   7. Determining Whether the Trust Should Operate a Decedent's Family-Owned Business
9. To Own, Purchase and Transfer Real Estate
   3:10 - 3:40, James B. Swain
   
10. Legal Ethics in the Trusts Practice
    3:40 - 4:40, Diane Weinberg
    
    1. Setting Reasonable Attorney Fees
    2. Guarding Client Confidentiality
    3. Verifying Testamentary Capacity
    4. Conflicts of Interest in Joint Representation
    5. Fiduciary Liability

Accreditation Details:

NANCY B. GOODMAN is a sole practitioner and the owner of Nancy B. Goodman, PC. She practices in the areas of estate planning, estate administration, elder law, contracts and closely-held corporate entities. She is admitted to practice in Georgia, North Carolina, and South Carolina. Ms. Goodman works as a volunteer with the Atlanta Volunteer Lawyers Foundation and is on the Board of Directors for the Stonewall Bar Association. She is a member of the Emory Gift Planning Advisory Board, O4W Business Association, State Bar of Georgia, North Carolina State Bar, and South Carolina Bar. Ms. Goodman earned her B.A. degree from Emory University and her J.D. degree from the University of South Carolina. She is a frequent speaker on topics related to estate planning, estate administration, elder law and advanced healthcare directives.

MANDY MOYER is the founder and managing attorney of Georgia Probate Lawyers Moyer, LLC, a boutique firm focused on helping families navigate the legal processes after the death or disability of a family member. She opened her firm earlier this year following a three year tenure as the Forsyth County Probate Court's staff attorney. Ms. Moyer's practice handles probate and estate administration, trust administration, and adult guardianships and conservatorships exclusively. She handles both uncontested and contested cases. Ms. Moyer lives and works in Cumming, Georgia, and focuses her practice geographically on the counties north of Atlanta. She is a frequent speaker and writer on fiduciary law topics. Ms. Moyer is the current president of the Forsyth County Bar Association, a member of the Board of Directors of the Young Lawyers Division of the State Bar of Georgia, chair of the Young Lawyers Division's Estate and Elder Law Committee, and co-chair of the Fiduciary Law Section's Intranet Committee. She is admitted to practice in state of Georgia, having earned her B.S. degree, summa cum laude, from Kennesaw State University and her J.D. degree from the University of Georgia.

KORT D. L. PETERSON is of counsel with Adams Hemingway Wilson Rutledge LLC, where he practices in the areas of estate and tax planning and corporate and transactional law. Mr. Peterson assists clients with the design and implementation of sophisticated estate and business succession plans, helping guide clients through administrating complex trusts and estates. He also advises businesses on a wide variety of tax issues, including the formation and operation of captive insurance companies. He represents clients before the IRS and the U.S. Tax Court. Mr. Peterson is a member of the Federalist Society and the Macon Bar Association. He received his B.S. degree, summa cum laude, from Kennesaw State University; his J.D. degree from Washington & Lee University School of Law; his LL.M. degree in taxation from Georgetown University Law School; and a certificate in estate planning from Georgetown University Law Center.

JAMES B. SWAIN is the founder and principal of Swain Law Firm with offices in Rosswell, Georgia and founder and CEO of the Academy of VA Pension Planners. He is licensed to practice law in Georgia and Tennessee and was one of the first 50 attorneys in the country and first three in Georgia to be accredited by the VA. He has a unique background with extensive knowledge and experience in wealth transfer and estate planning, business planning, Medicaid planning, advising veterans about their benefits, assisting veterans and surviving spouses to get the benefits they have earned, and coordinating VA benefits with Medicaid. Mr. Swain conducts seminars for charitable organizations, individuals, attorneys, CPAs, investment advisors, insurance agents, advisors to the elderly, and trust officers on estate planning, wealth preservation, business succession, charitable gifting, wealth transfer, Medicaid, and military veterans benefits. He is a co-developer and co-presenter for the ElderCounsel VA Pension Immersion Course, the Academy of VA Pension Planner's Conference on Implementation of VA Pension Planning for Attorneys, the Georgia State Bar Association Attorney VA Accreditation Course, and a frequent speaker on VA Pension Benefits at events. Mr. Swain is a member of the ElderCounsel, WealthCounsel, National Academy of Elder Law Attorneys, Tennessee Bar Association, State Bar of Georgia, American Legion Post 201, Veterans of Foreign Wars Post 12002, John's Creek Veterans Associations, Atlanta Vietnam Veterans Business Association and the Georgia Vietnam Veterans Association. Mr. Swain earned his B.A. degree from Pepperdine University, and his MBA and J.D. degrees from Memphis State University.

DIANE WEINBERG of counsel with the law firm of Morgan & DiSalvo, P.C., where she specializes in assisting families with medical, financial and housing-related legal challenges that often accompany aging and disability. She offers solutions to clients in the elder law area, including Medicaid and disability planning, veterans' benefits counseling, Social Security issues, guardianships and conservatorships, and special needs trusts. Ms. Weinberg is a member of the Academy of Special Needs Planner, the National Academy of Elder Law Attorneys, and the Atlanta Bar Association. She earned her B.A. degree at the University of Pennsylvania and her J.D. degree from the Emory University School of Law.