years 50 th Annual Heckerling Institute on Estate Planning January 11-15, 2016

Transcription

1 years th Annual Heckerling Institute on Estate Planning January 11-15, 2016 Orlando World Center Marriott Resort and Convention Center Orlando, Florida Looking Ahead: Planning for Today and Tomorrow

2 SCOPE The Heckerling Institute on Estate Planning, now in its 50 th year, is not only the leading continuing education program for estate planners, but also the national gathering place for all members of the estate planning team, including attorneys, trust officers, accountants, charitable giving professionals, insurance advisors, elder law specialists, wealth management professionals, educators and nonprofit advisors. In addition to the highest quality educational programming, attendees enjoy valuable networking and professional development opportunities and can review the latest in technology, products and services displayed by nearly 150 vendors in an exhibit hall dedicated entirely to the estate planning industry. Rather than reviewing where we have been, our 50 th Anniversary program offers a look forward, providing practical guidance on today s most important tax and non-tax planning issues, offering valuable insights on what lies ahead, and suggesting useful planning strategies for the future. On Monday our recent developments panel, featuring three of the nation s leading estate planning experts, analyzes the most significant developments of Later in the week Dick Covey, a founding member of the Institute s faculty, offers concrete suggestions for marital planning going forward. The Lloyd Leva Plaine Distinguished Lecture features well-known author and political analyst Jeffrey Toobin who examines the legal and political developments that define today s Supreme Court. Other sessions cover planning for same-sex and unmarried couples, asset protection planning, and planning for the increasing interplay among wealth transfer tax, income tax, and investment planning. The Institute also offers attendees the opportunity to customize their educational experience by taking advantage of the following specialized program tracks: Focus Series: This unique series of programs explores planning with trusts, including the application of the Net Investment Income Tax, considerations in trustee selection, the use of Lifetime QTIPs, planning with special needs trusts, naming trusts as beneficiaries of retirement plans, and using trust-to-trust transactions to rejuvenate irrevocable trusts. FS Financial Assets: These programs examine using partnerships for income tax planning and basis management, using intra-family options and derivatives for wealth transfers, planning for retirement benefits, the ins-and-outs of alternative investments, and planning with private investment funds, preferred stock and other closely-held interests. FIN NEW! International Planning: This series provides an update on planning for clients with international connections, including the changing world view of the U.S. estate planning business and its practical implications, the basics of estate planning for both non-u.s. persons and U.S. persons with foreign connections, and the rules regarding immigration and naturalization including the related tax planning opportunities. INT Charitable Giving: These programs clarify the legal and ethical issues associated with nonprofit board service, explore the charitable tax planning implications of alternative investments, and review the nuts and bolts of CRTs and CLTs. CHR NEW! Elder Law: This track of programs covers special needs planning (including planning and administering special needs trusts), effective planning ideas for clients with diminished capacity, and protecting the rights of a client in guardianship court. ELD Litigation and Tax Controversies: This series examines the rules of privilege in the estate planning field, reviews recent cases involving fiduciaries, discusses current audit issues and trends, and offers a unique mock trial based upon the Huguette Clark probate contest. LIT Fundamentals: The fundamentals programs explore business income tax issues for estate planners, planning for non-u.s. persons and U.S. persons with foreign connections, and planning and drafting CRTs and CLTs. Please join us January 11-15, 2016 to celebrate our 50 TH Anniversary! 1 Register online today at

3 INSTITUTE FACULTY Steve R. Akers Bessemer Trust Dallas, Texas N. Todd Angkatavanich Withersworldwide Greenwich, Connecticut Ronald D. Aucutt McGuireWoods LLP McLean, Virginia Martin E. Basson Tax Controversy Consultant Boynton Beach, Florida Dennis I. Belcher McGuireWoods, LLP Richmond, Virginia Turney P. Berry Wyatt, Tarrant & Combs LLP Louisville, Kentucky Jonathan G. Blattmachr Pioneer Wealth Partners, LLC Lawrence Brody Bryan Cave St. Louis, Missouri Natalie B. Choate Nutter McClennen & Fish LLP Boston, Massachusetts Ann F. Cohen Ann Cohen & Associates Potomac, Maryland Brian P. Corrigan Holland & Knight LLP Richard B. Covey Carter, Ledyard & Milburn Richard L. Dees McDermott Will & Emery LLP Chicago, Illinois Samuel A. Donaldson Georgia State University College of Law Atlanta, Georgia Dana G. Fitzsimons, Jr. Bessemer Trust Atlanta, Georgia Robert B. Fleming Fleming & Curti PLC Tucson, Arizona Richard L. Fox Dilworth Paxson Philadelphia, Pennsylvania Richard S. Franklin McArthur Franklin PLLC Washington, D.C. Lawrence A. Frolik University of Pittsburgh School of Law Pittsburgh, Pennsylvania James R. George Greenberg Traurig, P.A. Fort Lauderdale, Florida Michael M. Gordon Gordon, Fournaris & Mammarella, P.A. Wilmington, Delaware Michelle B. Graham Withersworldwide Rancho Santa Fe, California David A. Handler Kirkland & Ellis LLP Chicago, Illinois Carol A. Harrington McDermott Will & Emery LLP Chicago, Illinois Rachel J. Harris Loeb & Loeb LLP Los Angeles, California Louis S. Harrison Harrison, Held, Carroll & Wall Chicago, Illinois Amy E. Heller McDermott Will & Emery LLP Nancy G. Henderson Henderson, Caverly, Pum, & Charney LLP Rancho Santa Fe, California Donald O. Jansen The University of Texas System Austin, Texas Cristin Conley Keane Carlton Fields Jorden Burt Tampa, Florida Edward F. Koren Holland & Knight LLP Tampa, Florida Bernard A. Krooks Littman Krooks LLP Robert W. Lang Holland & Knight LLP Tampa, Florida William P. LaPiana New York Law School Paul S. Lee Northern Trust Stephanie Loomis-Price Winstead PC Houston, Texas Michele A. W. McKinnon McGuireWoods, LLP Richmond, Virginia Kathryn W. Miree Kathryn Miree & Associates, Inc. Birmingham, Alabama M. Read Moore McDermott Will & Emery LLP Menlo Park, California John R. Morken Farrell Fritz, P.C. Uniondale, New York Barry A. Nelson Law Offices of Nelson & Nelson, P.A. North Miami Beach, Florida Stacie Polashuk Nelson Holland & Knight LLP San Francisco, California Randy K. Otto University of South Florida Department of Mental Health Law & Policy Tampa, Florida Mark R. Parthemer Bessemer Trust Palm Beach, Florida Jeffrey N. Pennell Emory University School of Law Atlanta, Georgia Eric W. Penzer Farrell Fritz, P.C. Uniondale, New York John W. Porter Baker Botts, LLP Houston, Texas Richard B. Robinson Robinson, Diss and Clowdus, P.C. Denver, Colorado Robert A. Romanoff Levenfeld Pearlstein, LLC Chicago, Illinois Bruce S. Ross Holland & Knight LLP Los Angeles, California Joshua S. Rubenstein Katten Muchin Rosenman LLP Daniel S. Rubin Moses & Singer, LLP Martin M. Shenkman Martin M. Shenkman, PC Fort Lee, New Jersey David A. Shevlin Simpson Thacher & Bartlett LLP Suzanne L. Shier Northern Trust Chicago, Illinois Ivan Taback Skadden, Arps, Slate, Meagher & Flom LLP Conrad Teitell Cummings & Lockwood LLC Stamford, Connecticut Jeffrey Toobin CNN Senior Analyst Steve Trow Trow & Rahal, P.C. Washington, D.C. Melissa J. Willms Davis & Willms, PLLC Houston, Texas Diana S.C. Zeydel Greenberg Traurig, P.A. Miami, Florida 2

4 Institute Schedule INSTITUTE SCHEDULEee SUNDAY, JANUARY 10 2:00-6:00 Early Registration MONDAY, JANUARY 11 7:00 Institute Registration Continues 9:00-12:15 FUNDAMENTALS PROGRAM 10:30-10:45 Break 12:15-2:00 Lunch Business Income Tax Issues for the Estate Planner Samuel A. Donaldson A guide to the federal income taxation of the three basic business entities (C corporations, S corporations, and partnerships), together with the planning opportunities and traps each presents. 2:00-2:10 Introductory Remarks Tina Portuondo, Director, Heckerling Institute Patricia D. White, Dean, University of Miami School of Law 2:10-5:15 Recent Developments :30-3:45 Break Dennis I. Belcher u Carol A. Harrington u Jeffrey N. Pennell Materials by: Steve R. Akers, Samuel A. Donaldson, Charles D. Skip Fox, IV, Jeffrey N. Pennell, and Howard M. Zaritsky Edited by: Ronald D. Aucutt 6:00-7:00 50 th Anniversary Welcome Reception TUESDAY, JANUARY 12 9:00-9:50 Heads I Win, Tails You Lose: Advising the Wealthy in Times of Protracted and Unprecedented Political, Economic, Cultural and Scientific Change Joshua S. Rubenstein This session will consider how difficult it has become to do estate planning and wealth preservation for clients when the rules are constantly changing. Topics will include changes here and abroad, tax enforcement changes leading to a plethora of new reporting obligations (including FATCA), changes in access to information and reasonable expectations of privacy, changes in the nature of families, and changes in the frequency of intra-family litigation. It will also review what changes are likely still in transition, which will return to normal, and which are here to stay and how best to advise clients in the meantime. 3 Register online today at

5 9:50-10:40 FIN Modern Uses of Partnerships in Estate Planning 10:40-10:55 Break 10:55-11:45 Paul S. Lee ATRA has vaulted income tax planning and tax basis management to the forefront of estate planning. Entities taxed as partnerships are the ideal vehicle in this new paradigm. This presentation will discuss how partnerships can be used to change the basis of assets, maximize the step-up, defer and shift tax items (income and deductions), and transfer wealth in a world of diminishing valuation discounts. LIT The Prerogatives of Privileges: The Ethics of Protecting Our Planning Clients (Even From Themselves!) Stephanie Loomis-Price This session will provide practical tips with some discussion on recent developments in audits and case law related to privileges applicable to estate planning, with a particular focus on planning with closely-held entities. 11:45-12:35 Lloyd Leva Plaine Distinguished Lecture Series The Supreme Court in the Age of Obama 12:35-2:00 Lunch Jeffrey Toobin Well known author and political analyst, Jeffrey Toobin takes us behind the scenes at the Supreme Court to discuss the legal and political developments that define the nation s highest court. 2:00-2:50 FS Don t Be Afraid of the Dark Navigating Trusts Through the NIIT Robert A. Romanoff Trustee selection and trust design can dramatically affect the application of the Net Investment Income Tax under section 1411 to trusts. This presentation will focus on the application of the NIIT to trusts and will review strategies to avoid or minimize imposition of an additional 3.8% tax. 2:50-3:40 CHR Navigating the Shoals of Nonprofit Board Service: The Legal and Ethical Issues that Can Take You off Course 3:40-3:55 Break Kathryn W. Miree How well prepared are you and your clients for nonprofit board service in an era of increasing scrutiny from state Attorneys General, federal agencies, donors, and even nonprofit staff? Gain a clear understanding of the legal, ethical, and fiduciary obligations of nonprofit board service as well as best practices in board governance and liability management. 3:55-4:45 FIN Naked Derivatives and Other Exotic Wealth Transfers David A. Handler This session will discuss situations where traditional wealth transfer techniques are not viable because of the nature of the client s assets, and explain how private, intra-family options and derivatives can be used instead. FS Focus Series FIN Financial INT International CHR Charitable ELD Elder LIT Litigation 4

6 4:45-5:35 ELD Effective Estate Planning for Diminished Capacity Can You Really Avoid a Guardianship? Diana S.C. Zeydel This program will examine the effectiveness of our estate planning documents when a client begins to lose capacity. Can all of the client s personal and financial needs be addressed with proper planning? Or is there a gap in the law that can be exploited by dissenting family members? What are the best practices to ensure that a client s wishes are fulfilled when the client has become vulnerable? WEDNESDAY, JANUARY 13 9:00-9:50 ELD Special Needs Special Trusts: What You Don t Know Can Hurt FS Your Clients and You! Bernard A. Krooks Special needs trusts and special needs planning are becoming increasingly more complex and important. More and more clients have family members with special needs who could benefit from a properly constructed estate plan. Even high-net worth clients are not immune from having to deal with these issues. This session will focus on the different types of special needs trusts available, when each should be used, and relevant tax considerations. Drafting tips, as well as traps for the unwary, will also be discussed. 9:50-10:40 Planning and Drafting for the Married Couple in an Era of Mobility, Portability, and Liability 10:40-10:55 Break Turney P. Berry u Richard B. Covey This session will discuss the most effective and efficient methods of planning and drafting for the married couple in an era of large and increasing applicable exclusion amounts and the unlimited marital deduction. The emphasis will be on developing and implementing easy to understand and administer marital deduction funding clauses that are widely applicable to many different situations and flexible enough to deal with changing circumstances. 10:55-12:35 Question and Answer Panel 12:35-2:00 Lunch Dennis I. Belcher u Carol A. Harrington u Jeffrey N. Pennell 2:00-5:20 FUNDAMENTALS PROGRAM (Runs concurrently with Special Sessions I and II) INT Basic Estate Planning for Non-U.S. Persons and U.S. Persons with Foreign Connections Amy E. Heller u Rachel J. Harris This program will address the U.S. tax rules that apply to non-u.s. persons and to U.S. persons with foreign assets or interests in foreign trusts. It will also discuss some of the foreign succession law considerations that may arise when planning for U.S. persons who live or have assets abroad. 5 Register online today at

7 SPECIAL SESSIONS I 2:00-3:30 Session I-A FS Make, Remake and Remodel Trust Design and Redesign to Minimize Taxes and Maximize Family Wealth Robert A. Romanoff u Suzanne L. Shier Trust design and the modification of existing trusts can at once accomplish significant tax savings, preserve family wealth and accomplish a client s nontax wealth planning goals. This presentation will focus on the intersection of income tax, gift and estate tax, and non-tax objectives in drafting trusts and crafting strategies to modify existing trusts. Session I-B When $25 Million Is Middle Class, How Should We Plan and Draft for the Middle Class Married Couple? Turney P. Berry u Richard B. Covey u Melissa J. Willms The panel will discuss interesting planning ideas for married couples who have taxable estates but who do not need (or want!) all the bells and whistles of complicated estate planning. Ensuring that the couple retains sufficient income to provide a comfortable standard of living while balancing estate reduction with the need for a potential step-up in basis will be the focus. Session I-C LIT A Fine Tasting Opinion: The Art of Reviewing an Appraisal, Ethically Protecting Privileges and Popping the Cork off of Kovel Stephanie Loomis-Price u Louis S. Harrison This session will provide guidance to planners in reading and commenting on valuation reports, with a focus on privileges in hiring appraisers and in refining appraisals to ensure that transfer tax returns are prepared most defensibly. Session I-D ELD Sophisticated Special Needs Trust Drafting and Administration Issues FS Bernard A. Krooks u Robert B. Fleming u Lawrence A. Frolik This session will examine options available to practitioners drafting special needs trusts and how to address issues that arise during the administration of the trusts. It will explore the differences between first party SNTs and third party SNTs, as well as how to avoid problems during administration. Session I-E CHR Alternative Investments: What Are They? How Do They Work? FIN 3:30-3:50 Break David A. Shevlin This program will examine alternative investments in-depth. It will cover the different types of alternative investments and how such investments are structured. The program will also focus on the tax implications of such investments, including the charitable tax planning considerations that may arise. Session I-F In Honor of Heckerling s 50 th Anniversary, and with Apologies to Paul Simon, There Must Be 50 Ways to Make Insurance Planning Mistakes Lawrence Brody u Donald O. Jansen This presentation will identify common life insurance planning mistakes in both the estate planning and employee benefit context. The presentation will also offer suggestions on how to avoid those mistakes in planning for the use of life insurance in a client s estate plan or in an employment context. FS Focus Series FIN Financial INT International CHR Charitable ELD Elder LIT Litigation 6

8 SPECIAL SESSIONS II 3:50-5:20 Session II-A FS Review of the Past Year s Significant, Curious, or Downright Fascinating LIT Fiduciary Cases (at least it seems to me) Dana G. Fitzsimons, Jr. This session will review recent cases from across the country to assist fiduciaries and their advisors in identifying and managing contemporary fiduciary challenges. Session II-B FIN Modern Uses of Partnerships that You Might Not Have Considered Paul S. Lee u Richard L. Dees Cristin Conley Keane u Richard B. Robinson The panel will discuss innovative income and transfer tax planning techniques utilizing entities taxed as partnerships. Topics include: preferred and profits interests, structures with S corporations and trusts, estate planning with disregarded entities, partnership reorganizations and divisions, capital shifts without taxable gifts, tax elections, and tax basis management techniques. Session II-C LIT Both Sides, Now : As Joni Mitchell so Eloquently Penned, There Are Two Sides to Everything in Life Martin E. Basson u John W. Porter A discussion of current audit issues, leading cases, and trends from the perspectives of both a former IRS supervisory attorney and a prominent litigator in the estate and gift tax arena. Session II-D Estate Planning for Same-Sex and Unmarried Couples after Obergefell: Detriment or Opportunity? Joshua S. Rubenstein u William P. LaPiana Many basic estate planning techniques are unavailable to unmarried or deemed unmarried couples whether opposite sex couples who decline to marry, samesex couples who are unable to marry or same-sex couples whose marriages are not recognized for all purposes. This session will examine estate planning detriments and opportunities for such couples, particularly in view of the landmark United States Supreme Court decisions of Obergefell, Windsor and Perry. Session II-E CHR When Good Intentions Go Awry: Case Studies, Cautionary Tales, Ethics, and Advice for Nonprofit Board Service Kathryn W. Miree u Ann F. Cohen Do you or your clients serve on a nonprofit board? Learn how to be more effective in that board role and manage personal liability in an interactive discussion of recent lawsuits and common fact situations. Session II-F ELD Can Your Client s Estate Plan Be Protected If You End Up LIT in Guardianship Court? Diana S.C. Zeydel u James R. George u Randy K. Otto How well does the law protect your client s civil rights? Using actual case studies, this program will examine, from a litigation and medical perspective, the potential consequences of your client s family taking your client to guardianship court. 7 Register online today at

9 THURSDAY, JANUARY 14 9:00-9:50 INT A New World Order for Estate Planners or Why Is It So Difficult to Open a Bank Account? M. Read Moore As American estate planners we rely on the widespread use and acceptance of trusts, simplicity in organizing companies, and expediency in financial transactions. Governments and regulators around the world, however, are often skeptical of these features, suspecting them of facilitating money laundering and tax evasion. Combined with the worldwide trend towards tax transparency and government sharing of information, this skepticism has the potential to result in legislation and regulation that could significantly change the American estate planning business. This presentation will address these important developments, and their impact on our clients and the advice we give them. 9:50-10:40 FS The Trustee Selection Minefield Mark R. Parthemer This session will explore key tax and non-tax considerations in navigating trustee selection to avoid adverse surprises by identifying optimal fiduciary appointments. Problems can arise under sections 2036, 2038, 2041; situs; self-dealing don t blame the IRS (or others) if you aren t paying enough attention to avoid the dangers! 10:40-10:55 Break 10:55-11:45 FS Diamonds in the Rough: Rejuvenating Stale Irrevocable Trusts Through Trust-To-Trust Transfers Nancy G. Henderson An existing irrevocable trust no longer serving a client s estate planning objectives may fall to the wayside and become stagnant. However, such old and cold trusts can be diamonds in the rough that simply need a little polish to shine again. This session will examine in-depth the use of trust-to-trust transfer techniques such as loans, guarantees, purchases, consolidations, distributions, joint investments, and preferred partnerships, among others, to rejuvenate existing inter-vivos and testamentary irrevocable trusts to assist the client in meeting his or her new estate planning goals. 11:45-12:35 FS Lifetime QTIPs: Why Should They Be Ubiquitous in Estate Planning? Richard S. Franklin Lifetime QTIPs are increasingly the strategy of choice for exclusion use, but these versatile trusts also facilitate minority interest valuation savings, asset protection, gift tax valuation protection, sales to defective grantor trusts, and more. This session will provide ideas for specific uses of Lifetime QTIPs and practical implementation guidance. 12:35-2:00 Lunch FS Focus Series FIN Financial INT International CHR Charitable ELD Elder LIT Litigation 8

10 2:00-5:20 FUNDAMENTALS PROGRAM (Runs concurrently with Special Sessions III and IV) CHR The Nuts and Bolts of Charitable Remainder and Charitable Lead Trusts: FS Tax Rules, Drafting Guidelines, and Creative Planning Ideas Michele A.W. McKinnon u Richard L. Fox Charitable remainder and lead trusts offer significant income and transfer tax benefits, while enabling a donor to achieve philanthropic and personal objectives. Effective use of CRTs and CLTs requires an understanding of the applicable tax laws and the planning opportunities as well as careful attention to drafting and administration. For each type of trust, this program will address (1) the tax rules and the creative planning opportunities, (2) the IRS sample forms and appropriate modifications, (3) the application of the private foundation and unrelated business income tax rules, and (4) proper administration and tax filings. SPECIAL SESSIONS III 2:00-3:30 Session III-A FS IRD Meets DNI: Everything You Need to Know About Trusts Named as Beneficiary of Retirement Benefits Natalie B. Choate From the basics (how to title the account) to sophisticated tax planning (avoiding the separate share rule) to practical tips (which account do you pay the trustee s fee from?), make your retirement benefits-trust experiences less stressful and more rewarding. Session III-B FS A Deeper Scrutiny of the Trustee Selection Minefield Mark R. Parthemer u Edward F. Koren This session will further explore the tax and non-tax factors that should be considered in order to avoid adverse surprises in making fiduciary appointments. Don t blame the IRS (or others) if you aren t paying enough attention to avoid the dangers! Session III-C FS Lifetime QTIPs: Tax and Asset Protection Strategies and Post-Divorce Concerns Richard S. Franklin u Barry A. Nelson The panel will explore tax and asset protection uses of Lifetime QTIPs, analyze income tax and marital law consequences of divorce and compare Lifetime QTIPs to other estate planning alternatives. Session III-D FIN Wealth Transfer Planning with Interests in Private Investment Funds and Other Closely-Held Entities N. Todd Angkatavanich u David A. Handler u Ivan Taback This program will discuss various issues that planners need to navigate when structuring transfers of interests in closely-held entities, including interests in hedge and PE funds, preferred stock and other interests. Among other issues, this program will cover Code Section 2701 and the so-called vertical slice, as well as certain non-vertical alternatives including preferred partnerships and derivatives. In addition, the panelists will discuss issues relating to the section 2701 attribution rules, incomplete gifts, valuation uncertainty, buy-sell arrangements including related pitfalls, as well as section 2036 considerations. 9 Register online today at

11 3:30-3:50 Break Session III-E INT Immigration and Citizenship Law and Related Tax Issues for Estate Planners M. Read Moore u Michelle B. Graham u Steve Trow Did you ever wonder what all those different kinds of visas are or how an individual can obtain a green card? Do you want to know when an individual is a U.S. citizen even if he or she has never set foot in the United States? In this session you will learn about these rules and other important immigration and naturalization rules that apply to prospective U.S. citizens and residents including the tax consequences of moving to America and becoming a U.S. citizen and the related tax planning opportunities. Session III-F LIT The Almost-Trial of the Half-Century: The Huguette Clark Saga (Part I) Bruce S. Ross u Ronald D. Aucutt u Brian P. Corrigan u Robert W. Lang John R. Morken u Stacie Polashuk Nelson u Eric W. Penzer The case the jury never got to hear! Opposing counsel in the historic Huguette Clark probate contest will face off for a mock trial before a presiding judge. The program will also provide strategies for settlement, and planning tips to avoid litigation and best position the estate for a successful resolution. SPECIAL SESSIONS IV Session IV-A 3:50-5:20 FS Problem Irrevocable Trusts: If It Is Broken, Then Do Fix It Nancy G. Henderson u Michael M. Gordon As a result of the passage of time and changed circumstances, trustees and beneficiaries of an irrevocable trust can become frustrated by constraints imposed under the trust instrument or applicable state law. This session will explore the various tools available to amend an otherwise irrevocable trust agreement to better fulfill the objectives of the grantor, to improve the trust administration and to maximize the value of the trust. The discussion will include judicial modification and reformation actions, mergers, divisions, nonjudicial settlement agreements, administrative situs changes, and decantings. Session IV-B Post-Mortem Income and Transfer Tax Planning Steve R. Akers This session will explore the myriad of income, gift and estate tax as well as distribution planning issues and opportunities facing advisors representing estates. Session IV-C Asset Protection Without the Asset Protection Trust Daniel S. Rubin Even before there were asset protection trusts, there was, of course, still asset protection. However, with the proliferation of such trusts in recent years, the use of less sexy techniques for protecting assets has become under utilized, even where such techniques might provide equal or even better results than an asset protection trust. This session will examine non-trust based asset protection planning strategies such as the use of disclaimers, powers of appointment, state creditor and bankruptcy exemptions, limited partnership, limited liability company and corporate structures, as well as the use of trusts (but not asset protection trusts). FS Focus Series FIN Financial INT International CHR Charitable ELD Elder LIT Litigation 10

12 Session IV-D Dynamic and Effective Communication Skills for Estate Planners Conrad Teitell This session will help you become an effective communicator with clients, other lawyers, the public and groups to make you a better counselor, advocate, negotiator and public speaker. It will demonstrate how to deliver a clear and understandable message with honesty, respect and integrity. It will also explore the tenets of effective public speaking including how to conquer fear; know your audience; develop your opening; structure the body of your talk; develop a closing; select topics; gather information; develop a personal speaking style; handle questions; use effective delivery techniques; speak without notes; and appreciate when and how to use humor. Session IV-E LIT The Almost-Trial of the Half-Century: The Huguette Clark Saga (Part II) Bruce S. Ross u Ronald D. Aucutt u Brian P. Corrigan u Robert W. Lang John R. Morken u Stacie Polashuk Nelson u Eric W. Penzer The Trial continues, and the panelists conclude with a discussion of settlement and lessons learned. Friday, January 15 9:00-9:50 FIN Estate Planning for Retirement Benefits: A Step-by-Step, How-to-Do-It Manual for Practitioners Natalie B. Choate Finally! A practical guide to estate planning for those troublesome assets called retirement benefits, from choosing a beneficiary through how to implement the choice, including checklists, drafting tips, and dealing with the plan administrator. 9:50-10:40 FIN Chapter 14 Soup to Nuts : A Practitioner s Guide Through the Minefield 10:40-10:50 Break N. Todd Angkatavanich This presentation will provide a discussion of the many estate and gift tax pitfalls that practitioners need to keep in mind whenever structuring transactions between family members. It will provide a broad overview of the statutory provisions of sections 2701 through 2704, including the historical policy reasons behind the sometimes confounding rules included in Chapter 14. Additionally, the presentation will give proactive planning tips with compliant structures to help practitioners navigate the Chapter 14 minefield. 10:50-12:00 Practical Planning Strategies for the Future Jonathan G. Blattmachr u Martin M. Shenkman This presentation will review several of the key planning strategies covered during the week, and explain why and how some of them will remain viable strategies for the future. It will explain why the future is nearer than ever before, and offer practical suggestions for how practitioners can prepare and thrive despite the uncertainty the future presents. The discussion will include ideas on how estate planning will become increasingly dependent upon investment strategies and results, and explain why planning will be more predictable with greater investment certainty. This session will also present alternative ideas for structuring an estate planning practice should the future turn out to be different than forecasted. 11 Register online today at

13 DIAMOND SPONSORS PLATINUM SPONSORS ADVISORY COMMITTEE Tina Portuondo, Chair University of Miami School of Law Coral Gables, Florida Steve R. Akers Bessemer Trust Dallas, Texas Ronald D. Aucutt McGuireWoods, LLP Tysons Corner, Virginia Dennis I. Belcher McGuireWoods, LLP Richmond, Virginia Norman J. Benford Greenberg Traurig, PA Miami, Florida Turney P. Berry Wyatt, Tarrant & Combs LLP Louisville, Kentucky Lawrence Brody Bryan Cave, LLP St. Louis, Missouri J. Donald Cairns Spieth, Bell, McCurdy & Newell Co., LPA Cleveland, Ohio Samuel A. Donaldson Georgia State University Atlanta, Georgia S. Stacy Eastland Goldman Sachs & Co. Houston, Texas Carol A. Harrington McDermott Will & Emery LLP Chicago, Illinois Ellen K. Harrison McDermott Will & Emery LLP Washington, D.C. Donald O. Jansen University of Texas System Austin, Texas Stephanie Loomis-Price Winstead PC Houston, Texas Carlyn S. McCaffrey McDermott Will & Emery LLP Jerry J. McCoy Law Office of Jerry J. McCoy Washington, D.C. Louis A. Mezzullo Withers Bergman LLP Encinitas, California Malcolm A. Moore Davis Wright Tremaine, LLP Seattle, Washington M. Read Moore McDermott Will & Emery LLP Menlo Park, California Jeffrey N. Pennell Emory University School of Law Atlanta, Georgia John W. Porter Baker Botts, LLP Houston, Texas Susan Porter Fiduciary Consultant Bruce S. Ross Holland & Knight LLP Los Angeles, California Alan F. Rothschild, Jr. Hatcher Stubbs Columbus, Georgia Gideon Rothschild Moses & Singer, LLP Pam H. Schneider Gadsden Schneider & Woodward, LLP Radnor, Pennsylvania Robert H. Sitkoff Harvard Law School Cambridge, Massachusetts Bruce M. Stone Goldman Felcoski & Stone P.A. Coral Gables, Florida Patricia D. White University of Miami School of Law Coral Gables, Florida Howard M. Zaritsky Consulting Counsel Rapidan, Virginia EMERITUS MEMBERS Byrle M. Abbin WTAS Washington, D.C. Mark L. Ascher University of Texas School of Law Austin, Texas Alan D. Bonapart Bancroft & McAlister LLP Larkspur, California Dave L. Cornfeld St. Louis, Missouri Joseph G. Gorman, Jr. Sheppard, Mullin, Richter & Hampton LLP Los Angeles, California Max Gutierrez, Jr. San Francisco, California Marcia Chadwick Holt Davis Graham & Stubbs LLP Denver, Colorado Judith W. McCue Chicago, Illinois John R. Price Seattle, Washington 12

14 GUEST PROGRAMS The Heckerling Institute offers the following programs for our registrants guests. Tours are subject to availability and fees are non-refundable. Tuesday, January 12 th Simply Seafood Cooking Class (10:00 a.m. 4:30 p.m.) $90 This hands-on class will inspire you to cook seafood like a top chef! Learn how to prepare a variety of delicious seafood recipes for your friends and family. After lunch, we will make a quick stop at one of the local outlet malls for a little retail therapy! Wednesday, January 13 th Catamaran Cruise (8:30 a.m. 4:30 p.m.) $110 Join us for this two-hour private catamaran charter on the beautiful Gulf of Mexico. Kick off your shoes, relax and scout for dolphins along the horizon. Grab lunch on your own in one of Clearwater Beach s waterfront restaurants followed by a walk on the iconic Pier 60. Thursday, January 14 th Day at Winter Park (9:00 a.m. 4:30 p.m.) $40 Start the day with a docent-led tour at the Charles Hosmer Morse Museum of American Art, home of the world s most comprehensive collection of works by Louis Comfort Tiffany. Next, explore the many galleries, boutiques, fine restaurants and sidewalk cafes along fashionable Park Avenue. GENERAL INFORMATION REGISTRATION Advanced online registration is highly recommended. The $1,060 registration fee includes admission to the educational sessions, continental breakfasts, and the Monday evening Institute reception. To register and pay by credit card, please visit our website You may also mail a completed registration form, and payment by check (payable to the University of Miami School of Law), to the address included on the form. Register by Friday, November 6, 2015 to be included in the Conference Guide & Registration List. For additional information please call Sharing registrations is not permitted. MATERIALS Registrants will receive one set of materials available in: Print, CD-ROM, or USB. The registration fee also includes complimentary on-site access to the conference materials on your ipad or Android tablets during the Institute. Access instructions for the Heckerling App will be distributed at the Institute registration desk. Additional materials may be purchased for $250. Conference materials are copyrighted and cannot be duplicated, reused, or shared without written consent from the Heckerling Institute. CANCELLATIONS, COMPLAINTS, AND REFUNDS Registration fees are refundable (less a $100 administrative fee) if written notice is received no later than 12 Noon EST, Friday, December 18, For more information regarding administrative policies such as complaints or refunds, please call Refunds are not available for guest programs. CONSENT TO USE OF PHOTOGRAPHIC IMAGES Registration and attendance at, or participation in, the Heckerling Institute constitutes an agreement by the registrant to the Institute s use and distribution of the registrant, speaker or attendee s image in photographs, video, and electronic media for educational and promotional purposes. Tape recording of sessions is not permitted. PROCEEDINGS LexisNexis will publish the proceedings of the 50 th Annual Heckerling Institute on Estate Planning. Registrants may order the volume at the LexisNexis booth in the exhibit hall. The proceedings of the 49 th Annual Heckerling Institute (January 2015) are now available from LexisNexis. For further information, please direct your inquiries to LexisNexis at or visit HECKERLING GRADUATE PROGRAM IN ESTATE PLANNING The University of Miami School of Law offers a unique Graduate Program in Estate Planning taught by the nation s leading experts. The program provides comprehensive coverage of the tax and nontax aspects of individual and estate planning, and is ideally suited for both entry level attorneys and more experienced attorneys interested in expanding their estate planning practice. The two-semester program is offered on either a full or part-time basis. 13 Our Joint J.D./LL.M. Program allows Miami Law students and visiting students from other law schools, to earn both degrees over either six or seven semesters. A Triple Degree Program (J.D./M.B.A./LL.M.) is also available to University of Miami students. For additional information on our Graduate Programs visit

15 ACCREDITATION Continuing legal education credit has been applied for in every state that has mandatory continuing legal education requirements and has been routinely granted for past Institutes. In the past, continuing education credit has also been available for other estate planning professionals, including accountants, IRS enrolled agents, financial planners, banking and insurance professionals, elder law specialists and planned giving advisors. We urge you to contact our office in advance with questions regarding the availability of credit for a specific jurisdiction or profession, as we cannot guarantee that credit will be available in all cases. The University of Miami School of Law is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: Program Level: Advanced; Program Prerequisites: General familiarity with estate planning principles; Delivery Method: Group-Live; Amount of Recommended CPE credit: 33.5 hours; Recommended Field of Study: Taxes; Advance Preparation: None; Learning Objectives: Upon completion of the program, participants will be able to identify, analyze and resolve practical estate planning, administration and tax reporting issues. TRAVEL ARRANGEMENTS HEADQUARTERS HOTEL Orlando World Center Marriott Resort & Convention Center ($265 single/double) Reservations: or visit Cut-Off Date: December 15, 2015 or until the room block is sold out ALTERNATE HOTEL ACCOMMODATIONS Courtyard Marriott Village at Lake Buena Vista ($200 single/double) Reservations: or visit Cut-Off Date: December 8, 2015 or until the room block is sold out Complimentary continuous shuttle to and from conference during programming hours. Marriott s Sabal Palms / Marriott s Royal Palms (rates vary) Reservations: Villas located on the World Center Golf Course Hilton Orlando Bonnet Creek ($239 single/double) Reservations: or visit Cut-Off Date: December 10, 2015 or until the room block is sold out Complimentary shuttle departs hotel at 8:00 a.m. and returns at 6:00 p.m. Waldorf Astoria Orlando Resort ($289 single/double) Reservations: or visit Cut-Off Date: December 10, 2015 or until the room block is sold out Complimentary shuttle departs hotel at 8:00 a.m. and returns at 6:00 p.m. All hotel rates are subject to availability DISCOUNTED TRANSPORTATION Avis is the official car rental company for the Institute. Reservations: or visit (Discount Code: J787579) Mears Transportation provides airport shuttle service for the Institute. Reservations: or visit for a printable discount voucher COMPLIMENTARY EVENING TRANSPORTATION Complimentary evening shuttle service will be provided to selected dining and entertainment areas from 6:00 p.m. to midnight. Downtown Disney: Monday & Wednesday Universal City Walk: Tuesday & Thursday Save the Date! 51 st Annual Heckerling Institute on Estate Planning January 9-13, 2017 at the Orlando World Center Marriott * The Heckerling Institute on Estate Planning reserves the right to change, with or without notice, any statement in the brochure concerning, but not limited to, rules, policies, tuition, fees, curriculum, courses, faculty and programs. 14

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17 P.O. Box Coral Gables, Florida Telephone: An Equal Opportunity/Affirmative Action University