NAEPC Webinars:

Wednesday, July 8, 2020 at 3:00pm - 4:00pm ET - What Estate Planning Professionals Need to Know About Cybersecurity in the Era of COVID-19

Source: The Robert G. Alexander Webinar Series

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Clients regularly trust planning professionals with something nearly as valuable as their money — their personal information. Cyber criminals are well aware that financial planners, trust officers, CPAs and attorneys are treasure troves of information that can be exploited to perpetrate a variety of schemes and frauds. Concerned with this growing problem, clients are increasingly expecting that planning professionals will keep their information private as well as secure. Additionally, those professionals with access to client assets may be targets of cyber attacks to steal those funds. The challenge of keeping client information and assets secure has increased in recent months, as work environments have changed dramatically and rapidly due to the COVID-19 pandemic, and sadly, many cyber criminals are exploiting the impacts of the health crisis for their own financial gain.

This presentation will discuss the various cyber threats confronting estate planning professionals, legal obligations and risks in the context of data security, and some non-technical strategies for reducing this legal risk with specific considerations related to impacts from COVID-19.

Justin Joy is a shareholder in the Memphis office of the Lewis, Thomason, King, Krieg & Waldrop, P.C law firm.  He also serves as the firm’s privacy officer.  In addition to a range of experience in healthcare liability defense litigation and business law matters, Justin heads up Lewis Thomason’s cybersecurity practice group.  He provides counsel to clients in a variety of industries in the area of information privacy and data security including incident investigation and breach response management, regulatory compliance, privacy and security policy review and drafting, and cyber risk management.  Justin speaks frequently to various groups and organizations on the topic of information privacy and cybersecurity.

Justin is a Certified Information Privacy Professional/US (CIPP/US) and a Certified Information Privacy Technologist (CIPT) through the International Association of Privacy Professionals.  He is a 2001 graduate of Wake Forest University and holds a law and MBA degree from the University of Memphis.

REGISTER HERE for the individual program. To purchase the 2020 webinar series, please click HERE.

Wednesday, August 12, 2020 at 3:00pm - 4:00pm ET - Creative Ways to Fund Business Owner Retirement

Source: The Robert G. Alexander Webinar Series

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Every Business Owner leaves their businesses whether voluntarily or involuntarily.  Consideration in the positioning and use of life insurance prior to the exit can mean a huge difference in ultimate retirement cash flow for the Business Owner.  This intermediate presentation will provide valuable food for thought for the professional who has business owner clients.

Vincent M. D’Addona MSFS, CLU®, ChFC®, RICP®, CExP®, AEP® (Distinguished) is an advisor at Strategies for Wealth with 41 years of experience providing services in three core areas: Estate Planning, Exit Planning for the owners of closely held businesses and Investment Coaching.  Vince has served as workshop sub-committee chair for the AALU 2010 annual meeting, in addition to being a featured speaker in 2005.  Vince is a Life and Qualifying member of MDRT, Court of the Table for 31 years and Top of the Table for 17 years and has spoken at the MDRT National Meeting.  Vince is a member of the Forum400, Financial Planning Association, the National Association of Insurance and Financial Advisors, and the National Association of Estate Planning Councils.  He has served as president of the New York City Chapter of the Society of Financial Services Professionals, and on the boards of the New York City Association of Insurance and Financial Advisors and the New York Estate Planning Council.

 

REGISTER HERE for the individual program. To purchase the 2020 webinar series, please click HERE.

Wednesday, September 9, 2020 at 3:00pm - 4:00pm ET - Zen and the Art of Trust Modification

Source: The Robert G. Alexander Webinar Series

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Step back from the mind-numbing distinctions and details of particular decanting and nonjudicial modification statutes to focus on the universal issues that should be addressed when taking a trust into the shop and the nuts and bolts of getting your trust on the road again.

Susan T. Bart is a partner in the Private Clients, Trusts & Estates Group of the Chicago office of Schiff Hardin LLP. She is a Fellow of The American College of Trust and Estate Counsel (ACTEC) and Chair of its Estate and Gift Tax Committee. She was the Reporter for the Uniform Law Commission Trust Decanting Act.

REGISTER HERE for the individual program. To purchase the 2020 webinar series, please click HERE.

Wednesday, October 14, 2020 at 3:00pm - 4:00pm ET - International Planning

Source: The Robert G. Alexander Webinar Series

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Detailed information regarding this presentation will be posted soon.

REGISTER HERE for the individual program. To purchase the 2020 webinar series, please click HERE.

Wednesday, December 9, 2020 at 3:00pm - 4:00pm ET - TBD

Source: The Robert G. Alexander Webinar Series

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Detailed information regarding this presentation will be posted soon.

REGISTER HERE for the individual program. To purchase the 2020 webinar series, please click HERE.

Issue 24 – August, 2016

NAEPC Journal of Estate & Tax Planning

Editor’s Note: This “dinner menu” summary is designed to help you with the flavor of the article before you read more. If you are interested in the article, click its title to access a copy. The opinions expressed by authors do not necessarily reflect those of the National Association of Estate Planners & Councils.

Regular Columns and Reports

Note from the Editor: Time to Start the Estate Planning Conversation with Your Privately Held Business Owner Clients
Author: Susan P. Rounds, JD, CPA, LL.M., AEP®
List of Conferences
2016 Conferences on Estate, Financial Planning
Distance Learning Programs
Upcoming and on-demand professional education

Accredited Estate Planner® Designee – Top Pick

Creative Planning Strategies Once the 2704 Regs Become Final (PDF file)
Hot off the presses. A critical read for some direction on the 2704 regs.
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
Authors: Steven J. Oshins, JD, AEP® (Distinguished) and Robert S. Keebler, CPA, MST, AEP® (Distinguished)

Features

A Comprehensive Perspective on Four UPIA-TOLI Cases, Plus One That Includes the UTC, and Their Astounding Implications for ILIT Trustees, Part 1 of 2 (PDF file)
Provides a critical and thorough review of the prudent investor duties of a trustee with respect to life insurance. Part I: Cochran vs. KeyBank (Coauthor Randy Whitelaw was the lead expert for the plaintiffs.)
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
Authors: Gary L. Flotron, MBA, CLU®, ChFC®, AEP® and E. Randolph “Randy” Whitelaw, AEP® (Distinguished)
A Comprehensive Perspective on Four UPIA-TOLI Cases, Plus One That Includes the UTC, and Their Astounding Implications for ILIT Trustees, Part 2 of 2 (PDF file)
Part 2: Describes and analyzes 3 subsequent UPIA-TOLI cases. Includes Rafert v. Meyer which applies the UTC in addition to UPIA to TOLI.
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
Authors: Gary L. Flotron, MBA, CLU®, ChFC®, AEP® and E. Randolph “Randy” Whitelaw, AEP® (Distinguished)
Elephant in the Room (PDF file)
The author identifies the potential negative impact of our enduring low interest rate environment on life insurance products and on the industry as a whole.
Author: Lawrence Rypka, JD, CFP
Estate Planning Strategy Using Cost Segregation (PDF file)
This article was penned especially for our NAEPC Journal readers. Cost segregation is an income tax strategy used to accelerate depreciation deductions. While depreciation is generally a use it or lose it deduction, if a decedent missed the opportunity to accelerate during life—the estate may still be able enjoy the benefits of this technique via the decedent’s final income tax return. Moreover, the estate and beneficiaries may avoid the potential depreciation recapture on a subsequent sale. Learn how.
Authors: Gian Pazzia, CCSP
A Primer on Tax and Other Issues Relevant to Art Collectors and Their Advisors(PDF file)
A thorough outline that walks through both the income and the transfer tax ramifications of owning and transferring works of art, whether to third parties, charity or chosen beneficiaries. Details of California Sales and Use tax are also provided along with strategies for dealing with dealers.
Author: Paul N. Frimmer, Partner, Loeb & Loeb LLP
Note Sales, Economic Substance and “The 10% Myth” (PDF file)
The authors analyze the often used 10% seeding strategy used to establish economic substance in a sale to IDGT transaction and demonstrate why the Reality of Sale approach has more validity and is the true key. They conclude that the correct test is whether the note payments can be projected to be satisfied and how that standard can be met.
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
Authors: Jerome M. Hesch, Esq., Richard Oshins, MBA, LL.M., AEP (Distinguished) & James Magner, JD, CLU, ChFC
2nd Annual Non-Grantor Trust State Income Tax Chart (PDF file)
Is the “tax drag” wasting your client’s investment returns? Many trusts accumulate income that is subject to state income tax even if the income is not sourced in that state. The author discusses the triggers – and the fixes.
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
Author: Steven J. Oshins, JD, AEP® (Distinguished)
High Performance Teaming & Professional Collaboration (PDF file)
The NAEPC mission is to promote the inter-disciplinary approach to estate planning. This article, adapted from our full whitepaper on the topic, illustrates the when, the why, the how, and the incomparable benefits to both clients and advisors.
Originally published in the May 2016 issue of Trusts & Estates. See subscription information.
Our NAEPC collaboration whitepaper was authored by members of the NAEPC Multi-Disciplinary Teaming and Professional Collaboration Committee. Primary Contributing Authors: Todd Fithian, CLWC®; Albert E. Gibbons, CLU®; ChFC®, AEP® (Distinguished); and, David W. Holaday, ChFC®, CAP®. The whitepaper was adapted to this article by Susan P. Rounds, JD, CPA, LL.M., AEP®.
Proposed Regulations IRC Section 2704 (PDF file)
The long promised proposed regulations under IRC Section 2704 have just been released. The government document is attached in its entirety. Expect analysis and commentary in the days and weeks to come. More information appears in Note from the Editor: Time to Start the Estate Planning Conversation with Your Privately Held Business Owner Clients.
Author: Department of the Treasury, Internal Revenue Service

News Nook: A Compendium of Current Affairs

The NAEPC Journal of Estate & Tax Planning Quarterly Tax Update 2Q 2016 (PDF file)
Author: Scott E. Swartz, JD, LL.M., AEP®
Practical Planner Newsletter April – June 2016  (PDF file)
Author: Martin M. Shenkman, CPA, PFS, MBA, JD, AEP® (Distinguished)
Pre-Election Estate Tax Proposals: Clinton vs. Trump  (PDF file)
Learn the stark contradictions in the candidates’ current proposals and the steps you can take now to best prepare your clients—no matter who wins.
Author: Martin M. Shenkman, CPA, PFS, MBA, JD, AEP® (Distinguished)
NAEPC Monthly Technical Newsletter
Reproduced courtesy of Leimberg Information Services, Inc. (LISI)