Table of Contents
Monday, October 21, 2024
Tuesday, October 22, 2024
Wednesday, October 23, 2024
Thursday, October 24, 2024
Friday, October 25, 2024

Considerations for Buy Sell Agreements After Supreme Court ruling in Connelly
In Connelly, the Supreme Court ruled that life insurance used to fund an entity redemption agreement is not excluded from the value of the entity for estate tax purposes. This presentation will explain the Connelly ruling and how the ruling impacts business owners using buy-sell agreements funded with life insurance. The Presentation will cover economic considerations of using life insurance and present strategies and considerations for buy-sell agreements.

Mary Vandenack, Duggan Bertsch LLC, Omaha, NE

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Planners Plan and Litigators Laugh: How Will a Court Interpret Your Well-Intended Plan?
This presentation covers the powers of various parties to an estate plan including the power of revocation and amendment, the power of distribution and the power of investment. It will look at how distribution may be augmented by the rights of third parties, interlopers, and other creditors. Finally, the speakers will provide some tips and tricks for planners and litigators alike as they wade through these issues in their practice.

Jennifer Scharre, Coblentz Patch Duffy & Bass LLP, San Francisco, CA
Erika Gasaway, Hopkins & Carley, San Jose, CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Update: Corporate Transparency Act Compliance and Reporting
This presentation covers the current filing requirements and preparation of Beneficial Ownership Information (BOI) reports under the Corporate Transparency Act (CTA). It discusses the applicable due dates for these reports and identify which entities are required to report. The presenta-tion also addresses other compliance matters, such as defining "beneficial owner," understanding control of the entity, determining which business partners or officers are responsible for filing reports, and identifying entities and individuals exempt from reporting. The presentation will explore other CTA-related topics, including additional required reports, the new FinCEN ID number, and the latest guidance from insurance carriers and tax organizations concerning tax practitioners preparing BOI reports and the potential for "failure to advise" claims.

Phil Jelsma, CGS3 Law, San Diego, CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

California Property Tax Reassessment After Proposition 19
Since Proposition 13 passed in 1978, an entire body of law interpreting it has developed, affecting nearly all real estate transfers from ordinary sales of residential property, investment in and development of commercial and multi-family housing, ownership and management of agricultural property, and (of course) inheritances of all types of real estate and interests in legal entities holding real property.
Over the years, California voters approved material changes to the constitutional framework of what constitutes a “reassessable change in ownership” under Proposition 13, most notably Proposition 58 (the parent-child exclusion) in 1986, Proposition 193 (the grandparent-grandchild exclusion) in 1996, and Propositions 60 and 90 (base year transfers) in 1986 and 1988.
Then in 2020, voters approved Proposition 19 (“Prop 19”), eliminating many of the benefits of the parent-child and grandparent-grandchild exclusion while at the same time liberalizing the rules for base year value transfers. We will discuss the new “Prop 19” reality, the administrative and regulatory scheme under Prop 19, and why the old Propositions and their enacting statutes and promulgated regulations continue to be relevant.

Matthew Burke, Burke Law, Los Angeles, CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Cybersecurity Obligations for Attorneys

Brian E. Finch, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Alternative Dispute Resolution under the Uniform Trust Code and in Key States Including Arizona, California, and Florida
Achieving binding settlements of trust disputes is an important aspect of trust administration. This presentation will discuss the requirements for achieving binding settlements outside of court including through arbitration. Particular attention will be paid to the Uniform Trust Code and the law in the key states of Arizona, California, and Florida. Included will be a discussion of the enforceability of arbitration provisions in trusts and drafting suggestions for such provisions.

David M. English, Professor of Law, University of Missouri, Columbia, MO

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Understanding and Eliminating Implicit Bias in the Legal Profession
Although progress has been made, bias continues to affect every aspect of the legal profession, including judges, juries, clients, and attorneys. Implicit bias refers to attitudes and stereotypes that unconsciously influence our understanding, actions, and decisions. These biases, which can include both positive and negative stereotypes, are often activated involuntarily and without an individual’s awareness or intent. Our everyday decision-making is inevitably influenced by implicit biases, stereotypes, and other cognitive biases. Identifying and addressing implicit bias becomes even more challenging when dealing with intersectionality. However, as attorneys, it is crucial that we understand these biases and take steps to prevent them from causing unfair or harmful consequences. This training will address intersectionality and implicit bias, focusing on how attorneys can recognize and mitigate implicit bias within themselves and in the courtroom setting.

• Recognize implicit bias in themselves, their workplace, and the courtroom
• Understand why it is important to keep intersectionality in mind when addressing implicit bias issues
• Learn and incorporate specific techniques that can interrupt implicit bias in courtroom settings
• Identify biased behaviors that may violate California Rules of Professional Conduct 8.4.1 (prohibited discrimination, harassment, and retaliation)

Vida Lisa Thomas, Oppenheimer Investigations Group LLP, Oakland, CA

MCLE Credit: 1. Specialization Credits in Elimination of Implicit Bias: 1.

Mitigation for the Successor Trustee or… War Stories of an Expert Witness
It’s hard to be a successor trustee. The common preference of most settlors is to name a non-professional – typically a family member or friend – as the successor trustee. Unfortunately, few of these successor trustees have the time, interest, or training to manage the complex responsibilities required of a trust administration. Due to their unfamiliarity with the role, successor trustees face a high risk of making mistakes and exposing themselves to personal responsibility. During this webinar we will explore the seven key risk mitigation strategies that, if adopted, can dramatically reduce the risk of the administration.
Learning Objectives:

• Identify key risk areas for the successor trustee.
• Rules of thumb re trustee compensation.
• The annual account is not a court accounting.
• UPIA matters: Manager Selection, Delegation and Monitoring
• NOPA, when to use it.

Josh Yager, Anodos Advisors, Santa Barbara CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Mental Health and Well-Being as a Bedrock of Competence and
Success High levels of problematic substance use and mental health distress among lawyers and law students have led to a significantly increased focus on lawyer well-being in recent years, culminating in what is quickly becoming a profession-wide well-being ‘movement’. Mr. Krill begins with a discussion of what well-being means in the context of the legal profession, followed by a brief review of the research which prompted much of the current focus on mental health and well-being. He will highlight some of the potential costs and risks associated with untreated substance use and mental health problems, focusing on the importance of help-seeking and early intervention. Additionally, he will help attendees understand
how to recognize when they or a colleague are struggling, and how to approach and support someone who is struggling or impaired.
Finally, Patrick discusses some of the more significant well-being
initiatives currently underway within the legal profession, and help attendees understand how they can assess their own state of well-being and make important improvements through more effective stress management and better self-care.
Topics to be covered in the session:

• What is “well-being” and why is it more important than ever
• Prevalence of behavioral health issues in the legal profession: a review of the research
• Depression, anxiety, burnout
• Substance use disorders
• The critically important difference between illness and impairment
• Potential costs of struggling or impaired lawyers
• Why to get help at the first sign of trouble for you or someone else
• How to spot when a colleague is struggling
• Signs and symptoms
• Lawyer-specific considerations
• Reasons why signs and symptoms are often missed or overlooked
• How to approach a struggling or impaired colleague
• The vital connection between mental and physical health
• Discussion of current well-being initiatives within the profession, including the ABA Pledge
• How to assess your own state of well-being and make incremental improvements
• Suggestions and techniques for stress management
• Tips and instructions for building a personal well-being plan

Patrick Krill JD, LLM, MA, Krill Strategies, Saint Paul, MN

MCLE Credit: 1. Competence Credit: 1.

Estate Planning’s Most Powerful Tool: Powers of Appointment
Whether you represent clients who are creating trusts, or who are trustees or beneficiaries of trusts, powers of appointment are and will continue to be important planning tools. The role of powers of appointment will be magnified in the near future, as significant amounts of wealth will be transferred in trust over the next two decades. This presentation examines the opportunities, limitations, and pitfalls relating to powers of appointment. We will also cover what can go wrong when analyzing, reviewing, and exercising powers of appointment – especially in a world of increasing document automation and AI-driven tools.

Griffin H.Bridgers, Hutchins & Associates, Denver, CO

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Getting Ready for 2026—Sleep Now as You Won't Next Year
Regardless of who wins the November elections, it seems virtually certain the halving of the exemptions will occur. Moreover, all the other 2017 Tax Cuts & Jobs Act changes also will expire, bringing back the deduction for charitable contributions and for state and local income taxes. This presentation discusses the consequences of these developments and why and how you need to act now.

Jonathan Blattmachr, Pioneers Wealth Partners. New York, NY

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5

Other Developments to Plan for Including Democratic Proposed Changes to Make the Tax System "Fairer"
This presentation covers gains tax at death and upon gift, treating trust loans as distributions, radical new taxation of interest in IRAs. Many of these proposals are to take effect on January 1, 2025, so you need to plan now for yourself and for your clients as well as an Introduction to the Most Important Factor in Effective Estate Planning.

Jonathan Blattmachr, Pioneers Wealth Partners, New York, NY

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5.

California 2024 Developments Affecting Estate Planning, Trusts, Probate, Conservatorships, and Guardianships
This presentation reviews significant California judicial decisions, administrative guidance, and statutory developments relating to wealth transfer taxation over recent months, providing a thorough update on the current estate planning landscape.

Patrick Kohlmann, Temmerman, Cilley & Kohlmann, LLP, San Jose, CA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5.

Final SECURE Act Regulations Released
The IRS has finally released the much-anticipated final regulations implementing the SECURE Act changes. These regulations will take effect 60 days after their publication date, which is July 19, 2024. Notably, certain provisions will impact required minimum distributions (RMDs) for calendar years beginning on or after January 1, 2025. While the final regulations closely follow the structure of the proposed rules from 2022, they also introduce some changes, including a few potentially welcome surprises. This presentation highlights some of the key changes in the final regulations, particularly those affecting post-death planning for retirement benefits.
OK, the Drama is Over, Let's Get to Work: Practical Choices in Estate Planning for Retirement Benefits
No more speculations and what ifs: The IRS has FINALLY issued FINAL regulations on RMDs! Using case studies, now learn REALISTICALLY what are the planning choices for client's IRA left to spouse, minor child, disabled beneficiary, same age/older beneficiary, or none of the above.

Natalie B. Choate, “The First Lady of Employee Benefits,” Wellsley, MA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5.

Estate Planning for Retirement Benefits, cont.: Trusts as Beneficiary of Retirement Benefits
What RMD payout period applies to a trust? How to draft a trust to qualify as a "designated beneficiary trust," how to test a trust for DB status, when to use a conduit trust (and when you don't have to), tradeoffs in deferral vs. client's goals, and post-death duties and opportunities for the trustee.

Natalie B. Choate, “The First Lady of Employee Benefits,” Wellsley, MA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5.

California’s New Uniform Fiduciary Income & Principal Act
On June 29, 2023, the Governor signed into law Probate Code Sections 16320 -16383 to become effective January 1, 2024. These new state statutory accounting rules repeal the California Uniform Principal & Income Act (UPIA), add new features, and rearrange the structure and order of the prior code. This presentation will review portions of this new Code and focus both on the similarities and the differences between the two sets of fiduciary accounting rules.
Topics Covered:

• Introduction and Background of State Statutory Accounting Rules for Trusts and Estates
• Overview of the Layout of the New Accounting Rules
• Analyze Changes or Expansions in the Accounting Rules
• Discuss the Interaction of Fiduciary Accounting with Fiduciary Taxation

Jacqueline A. Patterson, JD/CPA/MBT, Buchanan & Patterson, LLP, Los Angeles, CA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5. Specialization Credit in Taxation Law: 1.5.

Federal Tax Update Part 1
Stay up to date with this informative and entertaining recap of important cases, rulings, regulations, and legislation from the past 12 months in the federal income, estate, and gift tax laws. Specific topics will depend on recent developments but will likely include the estate tax aspects of corporate-owned life insurance, the constitutionality of a wealth tax, reduced deference to IRS regulations, and distributions of QTIP to a surviving spouse.

Samuel Donaldson, Professor of Law, Georgia State University School of Law, Atlanta, GA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5 Specialization Credit in Taxation Law: 1.5

Federal Tax Update Part 2
See description above.

Samuel Donaldson, Professor of Law, Georgia State University School of Law, Atlanta, GA

MCLE Credit: 1.5. Specialization Credits in Estate Planning, Trust and Probate Law: 1.5 Specialization Credit in Taxation Law: 1.5

Meeting the Challenge of AI in Legal Practice
In the year since the large language model chatbot ChatGPT debuted, the legal profession has become consumed with the possibility of using generative artificial intelligence (AI) in the practice of law. Such tools consist of deep learning models that train on vast amounts of data, and generate text, images and other data based on that data. This enables sophisticated outputs that come closer than ever before to human thinking and understanding, as well as significant efficiencies in processing significant amounts of data. The possible applications for AI in legal practice appear to be almost limitless and raise significant questions about what it means to practice law. Law firms and lawyers have no choice but to pay close attention to this fast-evolving technology and its implications for the practice of law.

Merri A. Baldwin, Rogers Joseph O’Donnell, San Francisco, CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.

Reverse Home Mortgages in Estate and Retirement Planning: Defined and Explained
Reverse home mortgages can be a valuable tool in estate or retirement planning by providing homeowners aged 62 and older with a way to access the equity in their homes. Here are several ways they are used:

• Supplement Retirement Income: Reverse mortgages can provide a steady stream of income, helping retirees cover living expenses, healthcare costs, or other financial needs without having to sell their homes.
• Delay Social Security Benefits: By using funds from a reverse mortgage, retirees can delay taking Social Security benefits, allowing them to receive higher monthly payments later.
• Pay Off Existing Mortgages: Proceeds from a reverse mortgage can be used to pay off an existing traditional mortgage, eliminating monthly mortgage payments and freeing up income for other uses.
• Home Improvements and Maintenance: Funds can be used to make necessary home repairs or modifications, allowing retirees to age in place safely and comfortably.
• Estate Planning Flexibility: Reverse mortgages can provide liquidity to an estate, giving heirs more flexibility. For example, the proceeds can be used to pay estate taxes, equalize inheritances among heirs, or provide immediate funds while other estate assets are being settled.
• Long-Term Care Funding: The funds can be used to cover the costs of long-term care, either in-home or in a facility, without the need to deplete other retirement savings.
• Preserving Other Investments: By using home equity, retirees can avoid selling other investments during market downturns, allowing those investments to potentially recover and grow.

Barry H. Sacks, Law Office of Barry H. Sacks, San Francisco, CA

MCLE Credit: 1. Specialization Credits in Estate Planning, Trust and Probate Law: 1. Specialization Credit in Taxation Law: 1.