Explore the interplay between divorce litigation and trust and estate law, including the extent to which trust assets will be considered; representation and protection of trust assets; privacy rights and other beneficiary interests; and discovery of trusts and other “expectancy interests.” You will also learn about drafting considerations based on factors that may be scrutinized by a divorce court in determining the extent to which trust assets will be considered.
Learn about the differences and similarities between estate planning and asset protection planning using examples from real client circumstances. While estate planning is recommended for all, asset protection planning, may be useful only to some. Asset protection planning uses different planning criteria and often treats and repositions assets differently. You will learn why planning timeframes for asset protection planning are different depending on the occurrence of potentially or obviously different triggering events and how to use a considered analysis of these two types of planning to better serve your clients and why some plans succeed, and others fail.
A disclaimer is a denial or non-acceptance by someone of his/her title to property. Disclaimers add flexibility for estate planning, especially in a world that can often change.
The SECURE Act brought a sea of change in planning for the disposition of retirement assets. Recently issued proposed regulations answered some questions but created new ones. This session covers these and other developments in this important area.
As digital assets and cryptocurrency become more common, fiducaries must handle a multitude of realted issues, including how to obtain access to digital asset information via the Revised Uniform Access to Digital Assets Act (RUFADAA). Learn about this and other less-well-known crucial fiduciary issues relating to digital assets and cryptocurrency, including access; finding and taking control; valuation; taxation; planning; how trustees should hold these assets; and how estate planners can plan for them. Gain a better understanding of how fundamental trustee duties are implicated and how a trustee may want to address these duties in the context of dealing with these new, complex, and ever-changing assets.