Tax Forum Logo
The 41st Virtual Tax & Estate Planning Agenda – October 25 - 30, 2021
Monday, October 25, 2021
Tuesday, October 26, 2021
Wednesday, October 27, 2021
Thursday, October 28, 2021
Friday, October 29, 2021
Saturday, October 30, 2021

Monday, October 25, 2021

9:00 a.m.-10:00 a.m. Pacific Time

Firearms in Trusts & Estates—What Could Go Wrong?
C. Dennis Brislawn, Jr. Oseran Hahn, Bellevue, WA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour
Firearms regulation is a hot topic on many fronts. Both federal and state regulatory systems exist and vary widely across the United States. These laws inconsistent and complex which can unwittingly lead to criminal or civil liability. With an estimated 300 million firearms or so in circulation it is dangerous to treat firearms like other items of tangible property. We will discuss federal regulation of the possession and transfer of a firearm between persons and also how states differ in their regulatory schemes. California issues will be called out. Planning options for firearms owners and for estates will also be surveyed so that advisors can be sensitive to issues and some solutions to help avoid liability.

10:00 a.m.-10:10 a.m. Pacific Time Intermission

10:10 a.m.-11:10 a.m. Pacific Time

Understanding the Lawyer's Ethical Duty of Technology Competence
Robert J. Ambrogi Lawyer, writer, media consultant, Rockport, MA
MCLE credit: 1 hour; Ethics Credit: 1 hour
In 2012, the American Bar Association formally modified the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology. Nearly a decade later, the majority of states have adopted that duty, and intervening events have made technology competence more urgent than ever. But what does the duty actually require? And how does a lawyer become technologically competent.
This program will review the history of the duty, survey the cases and ethics opinions that have interpreted and applied it, and provide pointers on how lawyers can strengthen their technology skills and understanding.

11:10 a.m.-11:20 a.m. Pacific Time Intermission

11:20 a.m.-12:20 p.m. Pacific Time

Tech Resources for Law Firm Success in the Post-Pandemic World
Robert J. Ambrogi Lawyer, writer, media consultant, Rockport, MA
MCLE credit: 1 hour; California Ethics Credit: 1 hour
Over the course of the past year, virtually everything has changed in how we practice law and serve our clients. At the heart of that change has been technology. As lawyers continue to adapt to the new reality of post-pandemic law practice, what are the tools they should know about to survive, thrive and effectively serve their clients.
The American Bar Association's Model Rules make it clear a lawyer’s duty of competence includes both a substantive knowledge of the law and the competent use of technology. ABA Model Rule 1.1 Comment 8 provides, in part, that, “to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice including the benefits and risks associated with relevant technology.”
This program will survey the core tools lawyers should incorporate in their practices, and also introduce some of the new tools and technologies that have come about in the wake of recent events to better meet the needs of modern law practices.

12:20 a.m.-12:30 p.m. Pacific Time Intermission

12:30 a.m.-1:30 p.m. Pacific Time

Mental Health and Well-Being as a Bedrock of Competence and Success
Patrick Krill Krill Strategies, Minneapolis, MN
MCLE credit: 1 hour; California Substance/Competence Credit: 1 hour
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’. As a backdrop to his presentation on this subject, Patrick Krill will begin 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, helping the audience understand the stakes of this discussion and focusing them on the importance of help-seeking and early intervention. Additionally, Patrick will help attendees understand how to recognize when they or a colleague are struggling, some common reasons why warning signs are often missed or overlooked, and how to approach and support someone who is struggling or impaired.
Finally, Patrick will discuss 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:

  1. Setting the stage: an unprecedented global crisis
  2. What is "well-being" and why is it more important than ever
  3. Prevalence of beavioral health issues in the legal profession: a review of the reseach
  4. The critically important difference between illness and impairment
  5. Potential costs of struggling or impaired lawyers
  6. Why to get help at the first sign of trouble—for you or someone else
  7. How to spot when a colleague is struggling
  8. Law firm-specific challenges
  9. Reasons why signs and symptoms are often missed or overlooked
  10. How to approach a struggling or impaired colleague
  11. The vital connections between mental and physical health
  12. Discussion of current well-being initiatives within the profession, including the ABA Pledge
  13. How to assess your own state of well-being and make incremental improvements
  14. Suggestions and techniques for stress management
  15. Tips and instructions for building a personal well-being plan

Tuesday, October 26, 2021

9:00 a.m.-12:20 p.m. Pacific Time (includes two ten minute intermissions)

Strategic Estate Planning in Light of the Uncertainty Brought About by Potential Tax Reform
Jonathan Blattmachr, Pioneer Wealth Partners, New York, NY
MCLE credit: 3 hours; California Specialization Credit in Estate Planning, Trust and Probate: 3 hours; California Specialization Credit in Taxation: 3 hours
Two bills have been introduced in the Sentate: the "For the 99.5% Act," and the Sensible Taxation and Equity Promotion Act of 2021," or the "STEP" Act. Each of these bills proposes changes which would cause a fundamental shift in estate planning. Moreover, the Biden Administration has made proposals including taxing long term capital gain as ordinary income if total income is over $1 million for the year.
This comprehensive presentation will not only cover these proposals but explain what they mean for clients and their advisors. The presentation will also cover in detail the latest updates on Federal tax law changes: what we know, what we don't know, and what you do to most efficiently use the current hight gift and estate tax exemptions when the client has wealth with a value lower than the current exemption, and how to "undo" action if legislation has retroactive effective date. It will cover when and how to deal with existing family limited partnerships in light of proposals to eliminate discounts in valution. Moreover, it will cover concerns about the possible elimination of the income tax free step-up in basis. It will offer thoughts on which proposals on taxing unrealized gains are likely to be subject to constutional challenges and how those challenges may fare before the current composition of the Supreme Court.

12:20 p.m.-12:30 p.m. Pacific Time Intermission

12:30 p.m.-1:30 p .m. Pacific Time

California 2021 Developments Affecting Estate Planning, Probate, Conservatorships, and Guardianships
Patrick Kohlmann, Temmerman Cilley & Kohlmann, San Jose, CA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust, and Probate 1 hour

Wednesday, October 27, 2021

9:00 a.m.-10:00 a.m. Pacific Time

Don't Get Lost in Cyberspace: How to Plan and Administer Digital Assets
Gerry W. Beyer, Texas Tech University School of Law, Lubock, TX
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour
This presentation covers estate planning for digital assets and access to digital assets after a person’s death. The speaker also spends some time discussing planning for cryptocurrency. This topic is especially timely as Missouri recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act.

10:00 a.m.-10:10 a.m. Pacific Time Intermission

10:10 a.m.-11:10 a.m. Pacific Time

Electronic Wills: The Changing Future of the Estate Practice
Gerry W. Beyer, Texas Tech University School of Law, Lubock, TX
Robert Fleming, Fleming & Curti, Tucson, AZ
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust, and Probate 1 hour
A growing number of states have enacted e-will legislation. The Uniform Law Commission approved the Uniform Electronic Will Act in July 2019. This presentation explains the history behind e-wills, the policies in favor and against, and the existing statutes.

11:10 a.m.-11:20 a.m. Pacific Time Intermission

11:20 a.m.-12:20 p.m. Pacific Time

Trust Protectors: Experiences from the Frontlines
Robert Fleming,< Fleming & Curti, Tucson, AZ
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust, and Probate 1 hour
We have all become familiar with the notion of a trust protector -- though many prefer alternate terms. But what has been the real-world experiencewith trust protectors, and the developing case law?

12:20 a.m.-12:30 p.m. Pacific Time Intermission

12:30 a.m.-1:30 p.m. Pacific Time

Overcoming Implicit Bias in the Legal Profession
Anne Jenrette-Thomas, Chief Divrsity & Inclusion Officer, Stinson LLP , MN
MCLE credit: 1 hour; California Elimination of Bias Credit: 1 hour
The speaker takes an innovative approach in addressing challenges within the legal profession relating to diversity and inclusion. Her two-pronged approach centers on individual responsibility–equipping people with the knowledge, skills and tools they need to create an inclusive environment–and eradicating the effects of bias through systems and process. She addresses structural bias by continuously evaluating the profession's policies, practices and norms and identifying unique methods to achieve desired outcomes.

Thursday, October 28, 2021

9:00 a.m.-11:10 a.m. Pacific Time (Includes one ten minute break)

Proposition 19: New Guidance and the Great Rewrite
Jennifer Scharre, Temmerman Cilley & Kohlmann, San Jose, CA
MCLE credit: 2 hours; California Specialization Credit in Estate Planning, Trust and Probate: 2 hours; California Specialization Credit in Taxation: 2 hours
The Speaker will discuss the implications of Proposition 19 with a focus on the post-implementation guidance from the State of California and the Board of Equalization. Participants will learn about new BOE rules related to Proposition 19 and current outstanding questions. Strategies for future planning in light of Proposition 19 will be discussed.

11:10 a.m.-11:20 a.m. Pacific Time Intermission

11:20 a.m.-1:30 a.m. Pacific Time (Includes one ten minute break)

Beware of the Con in Conservatorships: A Perfect Storm for Financial Elder Abuse
Kenneth Heisz, Gorman & Miller, Santa Monica, CA
MCLE credit: 2 hours; California Specialization Credit in Estate Planning, Trust and Probate: 2 hours
This presentation will address the issue of financial elder abuse and the potential danger of such abuse by conservators in California. It will examine the following topics: basic probate conservatorship law and financial elder abuse law and the relationship between the two; the enactment and subsequent revisions of the Elder Abuse Act; the known studies and news articles where financial elder abuse by conservators has been documented; the procedural safeguards and shortcomings of current law to combat financial elder abuse; the Britney Spears conservatorship case and state and federal laws being proposed as a result; and some practical suggestions for attorneys in advising elderly clients on how to prevent financial elder abuse.

Friday, October 29, 2021

9:00 a.m.-10:30 a.m. Pacific Time

Estate Planning for Retirement Benefits in a Post Secure World
Natalie B. Choate, Lawyer, Wellesley, MA
MCLE credit: 1.5 hours; California Specialization Credit in Estate Planning, Trust and Probate: 1.5 hours; California Specialization Credit in Taxation: 1.5 hours
What’s new in planning for retirement benefits in the last year or so? SECURE, SECURE, SECURE! Enacted in December 2019, SECURE has upended estate planning techniques for our clients’ IRAs and other retirement plans.

  1. What to tell new clients about their options for retirement benefits
  2. Reviewing existing estate plans—don’t change the document, change the plan!
  3. How trusts and other beneficiaries will deal with the "10-year rule"
  4. The four different sets of minimum distribution rules for the five categories of “eligible designated beneficiaries” who still get the life expectancy payout
  5. Alternatives—charitable trusts, Roth conversions, beneficiary grantor trusts?
  6. The 7 fiduciary income tax facts estate planners must understand when leaving benefits to a trust
  7. The trusts you will need and what they must say: Conduit trusts, see-through accumulation trusts, and “applicable multi beneficiary trusts”
  8. Case studies: 3 spouses, two disabled beneficiaries, some minors, plain old designated beneficiaries (PODBs) and several “NoMTTYYs” (not-more-than-10-years-younger)

10:30 a.m.-10:45 a.m. Pacific Time

10:45 a.m.-11:45 a.m. Pacific Time

Workshop/Lecture Estate Planning for Retirement Benefits in a Post Secure World (cont.---see above)
Workshop includes time for Q&A

Natalie B. Choate, Lawyer, Wellesley, MA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour; California Specialization Credit in Taxation: 1 hour

11:45 a.m.-12:00 p.m. Pacific Time

12:00 p.m.-1:00 p.m. Pacific Time

Roth Immersion Workshop
Natalie B. Choate, Lawyer, Wellesley, MA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour; California Specialization Credit in Taxation: 1 hour
Everything you need to know about Roth retirement plans, to help your clients decide on and implement a Roth conversion or otherwise start a Roth account. Roth IRAs offer tax-free distributions and no required distributions during the participant’s life. To help you advise your clients regarding this significant planning opportunity, Natalie Choate explains the rules and shares expert tips about:

  1. How to create a Roth IRA
  2. Designated Roth accounts (“Roth 401(k)s”) and why everyone who can have one should get one
  3. How the minimum distribution rules apply to Roth IRAs
  4. How to get a “free” (or cheap) Roth conversion
  5. Beneficiary Roth conversions
  6. Estate planning with Roth IRAs
  7. The ideal asset to leave to a noncitizen spouse
  8. Which clients should (and should not) “go Roth”

1:00 a.m.-1:10 p.m. Pacific Time

1:10 p.m.-2:10 p.m. Pacific Time

California SALT Substitute
Phillip L. Jelsma, Crosbie Gliner Schiffman Southard Swanson, San Diego, CA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour; California Specialization Credit in Taxation: 1 hour
This year California enacted a workaround to allow passthrough entities to pay tax on behalf of their owners so the entities can deduct the tax payments for federal income tax purposes. Since December 2017, state and local taxes (“SALT”) have been nondeductible for individuals to the extent they exceed $10,000. Beginning in 2021, California adopted an elective income tax that is deductible for federal tax purposes because its paid by passthrough entities and the owners get a tax credit for their share of the payments. This program will discuss the new elective tax, who should elect in and who should elect out. Is this the year to put SALT back in your diet?

Saturday, October 30, 2021

9:00 a.m.-12:20 p.m. Pacific Ti (includes tw0 ten minute breaks

Recent Estate and Gift Tax Developments
Samuel A. Donaldson, Professor of Law, Georgia State University College of Law, Atlanta, GA
MCLE credit: 3 hours; California Specialization Credit in Estate Planning, Trust and Probate: 3 hours; California Specialization Credit in Taxation: 3 hours
In an always lively and informative fashion, this presentation details significant court decisions, rulings, and statutory and regulatory developments relating to trust and wealth transfer taxes over the last year.

12:20 p.m.-12:30 p.m. Pacific Time

12:30 p.m.-1:30 p.m. Pacific Time

Practicalities and Recent Developments in the Prepartion of Form 709 (Gift Tax and GST Tax Return.
Keith Schiller, Schiller Law, Alamo, CA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour; California Specialization Credit in Taxation: 1 hour
Federal gift tax returns (Form 709) remain extensively filed and have taken on greater significance because of the huge increase in major gifting while exemption allowances are still at record highs. Form 709 preparation demands awareness of GST treatment (exemption use and opt-out elections), the correct reporting of gifts on Schedule A to facilitate accurate GST treatment, reporting fixed-amount formula gifts, and the over-riding importance of making “adequate disclosure” (one of the most misleading terms in tax law). In addition, the Form 709 was changed in 2019 to assist practitioners with the identification and reporting of terminations of the estate tax inclusion prior (ETIP). This program will review significant practical actions to follow in the preparation of the Form 709 and illustrate key points though the use of an updated example. This illustration and other presentation materials will cover almost every kind of gift for presentation on the Form 709.

1:30 p.m.-1:40 p.m. Pacific Time Break

1:40 p.m.-2:40 p.m. Pacific Time

Workshop: Answering Your Questions in the Preparation of Forms 706 and 709: Major Alert Points and What Is Of Concern to You?
Keith Schiller, Schiller Law, Alamo, CA
MCLE credit: 1 hour; California Specialization Credit in Estate Planning, Trust and Probate: 1 hour; California Specialization Credit in Taxation: 1 hour
This workshop is designed to meet your needs and respond to your questions to assist practitioners in the preparation of Form 706 and Form 709. The federal estate tax return has been a major source of liability claims against professionals. This workshop will address questions that you have in the preparation of the federal estate and gift tax return. Participants are encouraged to send to Keith Schiller in advance of the class questions they would like discussed. Send them to Keith by clicking the following link: Keith Schiller. In addition, Keith will address questions raised during class. Key practice points and alerts from an IRS Group Manager will be shared by Keith during the workshop. Among common significant topics are avoidance of overstatement of the marital deduction; identification of required estate tax returns and elections potentially lost from late filing; use of formula clauses; reporting of promissory notes – including those to family members with spotty payment histories; obtaining gift tax transcripts; new IRS addresses for form transmittal; and impact of IRC Sec. 642 elections on marital deduction, charitable deductions and portability exemption amounts.


Home   |  2021 Agenda   |  2021 Registration   | 
The Tax & Estate Planning Forum
2470 Union Street, San Diego, California 92101 | Phone: 1-800-332-3755 |
Email: admin@thetaxandestateplanningforum.com
© 2021 The Tax & Estate Planning Forum