|Monday, November 18|
|8:10 AM - 10:10 AM||
Federal Tax Update
Stay current with this recap of the major cases, rulings, legislation, and regulations from the past year. This session will focus on federal income, estate, and gift tax developments relevant to individuals and small businesses.
|10:10 AM - 10:35 AM||Break|
|10:35 AM - 11:35 AM||
Greasing the Squeaky Wheel: Techniques for Managing Difficult Beneficiaries
Addition and mental health issues impact family functionality, happiness and wealth preservation, and research suggests higher incidence of these issues within affluent communities. This presentation will address techniques for working with beneficiaries who face mental heath or substance abuse challenges, autism spectrum and other executive functioning disorders.
|11:35 AM - 12:35 PM||Lunch|
|12:35 PM - 2:05 PM||
Estate Planning for the Evolving Modern Family: Flexibility and Other Considerations for the 21st Century
As the traditional nuclear family has changed because of evolving social and legal norms and scientific and technological developments, estate planning advisors must be prepared both for issue spotting and thoughtful problem solving for issues clients face, how existing trusts are interpreted, and how new estate planning instruments can be drafted for sufficient flexibility. This discussion will touch upon a potpourri of issues to consider, including: divorce and blended families, unmarried couples, adoption and nonmarital children, supplemental needs planning, assisted reproductive technologies and posthumous reproduction, digital assets . . . and more!
|2:05 PM - 3:05 PM||
What's Hot in Charitable Giving
Mr. Katzenstein's talk will cover a variety of charitable planning tricks and traps, including sprinkling charitable remainder trusts, special issues for gifts of tangible personal property, use of qualified contingencies in charitable remainder trusts and new cases and rulings.
|3:05 PM - 3:30 PM||Break|
|3:30 PM - 4:30 PM||
Why Can't My Brother-in-Law Bob be the Executor of My Estate?
Often the initial meeting with a client is dominated by concerns over death and taxes, while less time is spend considering the selection of a reliable and trustworthy fiduciary. Who should serve as Executor; who should serve as Trustee for any testamentary trust; who should serve as the Attorney-in-Fact under a Financial Power of Attorney; and finally, who should serve as the Health Care Agent under a Health Care Directive? This session will examine the roles and responsibilities of fiduciaries adn how to best advise clients about their selection.
|4:30 PM - 5:30 PM||
How to Practice Law, Abide by the Rules of Professional Conduct, and Have a Life that Rules
This presentation will consider both the ethical and practical guidelines for lawyers to cope with and manage technology, including the proliferation of email traffic, client time expectations, client communication expectations, management of the practice day to day, how to be thoughtful in client selection, how to be strategic in client dismissals, how to successfully manage the day-to-day practice, how to conduct family meetings, understanding billing practices that work, and understanding demonstrating value to clients.
|Tuesday, November 19|
|8:05 AM - 9:05 AM||
Washington Probate and Trust Law Update
This presentation will survey recent legislative and case law developments affecting trusts and estates professionals under Washington law. In addition to reviewing the substance of these recent developments, we will identify practical lessons and advice that can be applied to our everyday practices.
|9:05 AM - 10:05 AM||
An Introduction to Family Offices for Estate Planners
Did you ever wonder what a family office is or what it does or how you can best interact and serve the needs of your clients with new or established family offices? This presentation by the head of a family office and a lawyer who is an outside general counsel to family offices will explain how family offices come into being, how they typically help families, the tax and regulatory issues they face, and conflict of interest issues that arise both within the office and for lawyers who work with family offices.
|10:05 AM - 10:30 AM||Break|
|10:30 AM - 11:30 AM||
Putting Life Back Into Stale Irrevocable Trusts Through Trust-To-Trust Transfers
An irrevocable trust created long ago may not serve a client’s current estate planning objectives. Often the client’s new goals cannot be accomplished through decanting, modification, reformation, or other similar procedures. Nevertheless, the assets in a “stale” trust might be used to facilitate new transfer tax planning involving updated trusts. This session examines the use of trust-to-trust transfer techniques such as loans, guarantees, purchases, consolidations, distributions, joint investments, and preferred partnerships, among others, to access the assets in existing inter-vivos and testamentary irrevocable trusts to assist the client in meeting his or her new estate planning goals.
|11:30 AM - 12:30 PM||
The 4D Experience - Drafting, Defending and Dividing Trusts in Contemplation of Divorce
This program is designed to help planners understand how trusts are sliced and diced in divorce and the best practices to apply before, during and after the divorce proceedings. This program touches upon the tax implications but also the client management that come with trusts that last forever but marriages that do not.
Lora is a Regent at ACTEC, and also Chair of the Practice Committee and a Co-Chair of the Artificial Intelligence Task Force of ACTEC.
Katarinna is an ACTEC Fellow, a member of the Program Committee, Practice Committee Special Projects Chair, and International Estate Planning Committee at ACTEC, Chair of the ABA Asset Protection Committee and Chair of STEP Chicago.
|12:30 PM - 1:30 PM||Lunch|
|1:30 PM - 2:30 PM||
Electronic Wills: Because Paper is So 20th Century
The Uniform Law Commission has developed an Electronic Wills Act, in part to address a growing wave of state adoptions of e-will statutes. Like it or not, and most of us don't like it, estate planners need to understand how electronic wills may be executed and revoked and whether they will be given effect. This presentation will review the new uniform act and discuss the differences in statutes around the country.
|1:30 PM - 2:30 PM||
Oregon Update: Legislation, Cases, and Ethics
This presentation will review the year’s developments affecting estate planning in Oregon, including legislation enacted by the 2019 Oregon Legislature, new cases decided by the Oregon appellate courts, and new rulings by the Oregon State Bar involving ethical issues in estate planning settings.
|1:30 PM - 2:30 PM||
Tax Planning with Nongrantor Trusts
Though often viewed largely as estate planning tools, trusts can also play an important role in income tax planning. Following the passage of the Tax Cuts and Jobs Act of 2017, even those clients who are not currently subject to federal estate tax may be able to take advantage of nongrantor trusts to realize significant tax savings. This presentation will review the requirements for nongrantor trusts and discuss the planning opportunities they present, as well as some of the issues that can arise when implementing a nongrantor trust into a client’s estate and income tax planning.
|2:40 PM - 3:40 PM||
An Overview of the Uniform Guardianship Act
A review of the recently-enacted Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, which becomes effective on January 1, 2021, and replaces and repeals existing guardianship law in Washington State.
|2:40 PM - 3:40 PM||
Dirty Deeds and Not So Humble Abodes: Helping Clients Preserve Privacy in Real Estate Transactions
Whether motivated by discretion or personal safety, many clients are placing greater importance on the protection of their privacy than other, more traditional estate planning objectives. Helping clients preserve the confidentiality of their acquisition and ownership of real property presents a unique set of estate planning challenges, and there is no one-size-fits-all approach. This presentation will review client motivations, basic property acquisition instruments (LLCs and trusts), and pitfalls in advising and assisting clients striving to keep their real estate holdings confidential.
|2:40 PM - 3:40 PM||
Working with the Principal and Income Acts in Washington and Oregon
One of the most important and complex aspects of trust management is navigating the Principal and Income Act of the state in which the trust is administered. Though both are based on the Uniform Act, Washington and Oregon each have unique features that trustees, lawyers and accountants should be aware of. This presentation will review both states' statutes and highlight some planning opportunities they provide.
|3:40 PM - 4:00 PM||Break|
|4:00 PM - 5:00 PM||
Look Both Ways Before Crossing: Warning Signs for Cross-Border Estates
Even if your client's estate will not require tax planning or estate tax administration, if assets or beneficiaries are located across an international border, or if your client is from another country, you will likely have to address issues arising from different situs and choice of law rules, marital property regimes, inheritance expectations and creditor/debtor schemes. This presentation will cover several issues that can be addressed proactively and what may happen when they are not.
|4:00 PM - 5:00 PM||You Be the Judge: Ethical Dilemmas Posed by Current Cases and Ethics Opinions|