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Agenda | Estate Planning and Elder Law: Planning for the Before and After Seminar | Honolulu, HI | May 17, 2016
Estate Planning and Elder Law: Planning for the Before and After Seminar
  1. Recent Developments in Estate Planning   
    1. Obama Administration 2016 Greenbook proposals and what the election year could bring
    2. The American Taxpayer Relief Act of 2012 estate tax exemption
    3. IRS portability regulations
    4. The 2704(b) regulations
    5. Same-sex marriages
    6. Digital assets
    7. Posthumous reproduction and embryos
  2. Income, Estate Tax Planning, and Retirement Benefits 
    1. Income taxation of retirement benefits
    2. Net unrealized appreciation
    3. Rollovers (Sec. 408(d)(3)(B), Bobrow v. Comm’r)
    4. Required minimum distribution update
    5. QTIPs for death benefits 
    6. Charitable contributions (permanent?)
    7. How to name trusts as retirement plan beneficiaries
  3. Divorce: Income and Transfer Tax Implications 
    1. Income tax treatment of property settlements
    2. Use of trusts in connection with marital settlement agreements
    3. Transfer tax consequences of property settlements
    4. Tax consequences of payments under premarital agreements
    5. Valuation and discounts including tax affecting C and S corporation stock
  4. Ethics in Estate Planning  
    1. Defining who your client is from the start
    2. Lawyers acting as fiduciaries
    3. Estate status updates for clients: why it pays off and how to do it efficiently
    4. Practicing before the IRS
  5. Seniors and Persons with Disabilities: Legal Issues for Today  
    1. Special powers needed in powers of attorney and conservatorships for long-term care situations
    2. Management issues in conservatorships
    3. The role of Adult Protective Services and law enforcement
    4. Decedent’s estates
      1. Death of the community spouse of a nursing home Medicaid beneficiary
      2. Existence of a Medicaid lien
      3. Medicaid estate recovery
    5. Consumer and health care fraud
    6. Same-sex marriage rights
  6. Today’s Aging World: Elder Issues
    1. Elder physical and financial abuse: con artists and caregivers vs. family members, preventing abuse
    2. "Aging in Place": real estate renovations to make a current home "disability-friendly"
    3. Larger aging population increases demand for services like Meals on Wheels, nursing care, and Medicaid
    4. What to look for in choosing a nursing home, assisted living, or continuing care community, and the contracts 
  7. Elder Care, Long Term Care, and Financing 
    1. Advanced medical directives: living will, power of attorney, and health care proxy
    2. Long-term-care issues: Medicare, Medicaid, long-term care insurance, VA benefits
    3. Guardianship: update on current issues
    4. Special needs trusts drafting and administration issues, other trusts in elder law planning
  8. Ethics in Elder Law   
    1. Counseling distraught or bereaved clients
    2. Special considerations in representing an impaired client
    3. Getting paid: billable/non-billable hour and retainer agreements
    4. Preventing unauthorized practice of law by legal staff