Estate Planning and Will Drafting 2020 (Webinar)
This full-day program will highlight current estate planning techniques and the means of implementing such techniques through a discussion of drafting of wills and trusts. Attendees will leave this program knowing how to write a basic will. Discussions will also include trusts for minors, charitable trusts, lifetime giving and planning for those with disabilities, tax implications and planning, digital assets, and ethical considerations.
- October 21, 2020
- 9:00 AM
- 5:00 PM
- 6.5
- 1.0
- 7.5
- Virtual Participation
9:00 a.m. - 9:10 a.m.
Introductory Remarks
9:10 a.m. - 10:00 a.m.
Beginning the Relationship
• Interviewing the Client
• Financial Information and Family
• Advance Directives
• Powers of Attorney
• Health Care Proxies and Living Wills
• Anatomical Gifts
• Do Not Resuscitate Orders
• Standby Guardianships
• Digital Assets
Speaker: Ian W. MacLean
[1.0 MCLE Credits – Areas of Professional Practice]
10:00 a.m. - 10:50 a.m.
Tax Planning
• Lifetime Giving
• Federal and New York State Estate Tax
• Charitable Gifts and the “Santa” Clause
• Fiduciary Income Tax
• Marital Deduction (QTIP) Trusts v. Disclaimers
• Credit Shelter Trusts- Funding with NYS or Federal Exemption
Speaker: Elisa Shevlin Rizzo
[1.0 MCLE Credits – Areas of Professional Practice]
10:50 a.m. - 11:00 a.m.
Break
11:00 a.m. - 11:50 a.m.
Medicaid Planning and Irrevocable Income Only Trust
• Basic Medicaid Eligibility Rules
• Asset Protection Trusts
o Income Only Trust
o Powers of Appointment
o Revoking an Irrevocable Trust
o Coordinating with Estate Plan and Will
Speaker: Robert Freedman
[1.0 MCLE Credits – areas of professional practice]
11:50 p.m. - 12:15 p.m.
Beneficiary Designations and SECURE Act
• Elimination of Stretch IRAs
• Eligible Designated Beneficiaries
Speaker: Albert Feuer
[0.5 MCLE Credits – areas of professional practice]
12:15 p.m. – 1:30 p.m.
Lunch
1:30 p.m. - 2:20 p.m.
Ethical Considerations
• Conflicts of Interest
• Dual Representation
• Putnam/Weinstock/Saterlee Considerations
• SCPA 2307(a) and Rule 207.16(e) Attorney-Fiduciary Issues
• Drafting Retainer Agreements
Speaker: Victoria D’Angelo
[1.0 MCLE Credits – ethics]
2:20 p.m. – 3:10 p.m.
Drafting the Will
• Capacity and Execution
• Specific and General Bequests
• Testamentary Trusts for Young Beneficiaries
• Testamentary Trusts for Spendthrifts
• Administrative Provisions
o Survivorship Requirements
o No Contest Clause
o Tax Allocations/Apportionment
• Sample Will
Speaker: Michael O’Connor
[1.0 MCLE Credits – areas of professional practice]
3:10 p.m. – 3:20 p.m.
Break
3:20 p.m. - 4:10 p.m.
Drafting the Revocable Trust
• Coordination with Pour Over Will
• Capacity and Execution
• Single Trust or Joint Trust
• Trust Provisions During Grantor’s Lifetime
• Trust Provisions Upon Grantor’s Death
• Administrative Provisions
o Fiduciaries
o Trust Protectors
o Accounting Requirements
• Funding the Trust
Speaker: Karin DeLaney
[1.0 MCLE Credits –areas of professional practice]
4:10 p.m. – 5:00 p.m.
Supplemental Needs Trust
• Testamentary Trust
• Lifetime Trust
• Funding with Retirement Account Beneficiary Designations
• Trustee Appointments
• Coordinating with Medicaid and Supplemental Security Income
Speaker: Katherine Carpenter
[1.0 MCLE Credits –areas of professional practice]
5:00 p.m.
Adjournment
- Victoria D'Angelo, Speaker, Barclay Damon LLP
- Karin DeLaney, Speaker, Sloan DeLaney P.C.
- Katherine Carpenter, Speaker, Wilcenski & Pleat PLLC
- Albert Feuer, Speaker, Law Offices of Albert Feuer
- Robert Freedman, Speaker, Robert Freedman Household
- Ian W. MacLean, Speaker, The MacLean Law Firm, P.C.
- Michael E. O'Connor, Speaker, Costello, Cooney & Fearon, PLLC
- Elisa Shevlin Rizzo, Speaker, Northern Trust
- Webinar
- 0HZ81
- Committee on Continuing Legal Education
