THROUGH THE LOOKING GLASS XI: Friday, November 21, 2014

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1 THROUGH THE LOOKING GLASS XI: Friday, November 21, 2014 An Ongoing Reflection of Current Estate and Gift Planning Issues Dear Colleagues, We are excited to announce Through the Looking Glass XI! Once again the eleventh symposium will explore the latest trends in estate planning and charitable giving. As in the past, this year s symposium will offer the quality continuing education, networking time with your colleagues and dynamic speakers that you have come to expect. This year s committee has done its best to listen to your past feedback and put together a schedule of prominent professionals to present areas of expertise including determining capacity, IRA trusts, mitigating net investment income tax, as well as estate and tax issues, financial planning and other relevant topics. We have brought together a phenomenal faculty of speakers to address timely and interesting challenges that we all face in the year ahead. Plan on joining us on Friday, November 21, 2014 at the Museum of Ventura County, 100 East Main Street, for this year s Eleventh Annual Through the Looking Glass Symposium. The cost is $175 before 11/7/14, $225 after, and $275 at the door. For your convenience you can register on-line at or return the attached registration form. Reserve your spot today!

2 THROUGH THE LOOKING GLASS XI November 21, :30 a.m. Registration/Continental Breakfast 8:00 a.m. Welcome & Introductions Breakfast Sponsor Union Bank 8:15 a.m. Testamentary Capacity and Contractual Capacity Under California Law There are two different levels of capacity applied to Wills and Trusts in the State of California testamentary and contractual. Join Honorable Glen Reiser for a lively discussion about when a testator of a will or the settlor of a trust is competent to sign the instrument, when you should seek the assistance of a geriatric psychiatrist or clinical geriatric psychologist and what should be your "gut check" for undue influence, even if you suspect marginal capacity. Presenter: Honorable Glen Reiser The Honorable Glen M. Reiser is the current probate judge, although he also has substantial experience with the civil and criminal bench. Judge Reiser spent 20 years in private practice handling a diverse body of cases from environmental law to family law before being appointed to the bench by Governor Pete Wilson almost 15 years ago. Honorable Glen Reiser

3 9:15 a.m. How to protect Inherited IRAs after the Clark v. Rameker Decision In a landmark, unanimous 9-0 decision handed down on June 12, 2014, the United States Supreme Court held that inherited IRAs are not retirement funds within the meaning of federal bankruptcy law. This means they are therefore available to satisfy creditors claims. For many clients, retirement plans and IRAs are among their largest and most important assets. This presentation will provide an in depth review of the decision, key takeaways, and a summary of the practical application of Clark, with an emphasis on the use of Standalone Retirement Trusts. Specifically, we will discuss: The various uncertainties the decision poses, particularly in how State bankruptcy exemptions apply. The tax and strategic opportunities offered as a result of the decision. What can be done to protect Inherited IRAs from creditors? Jeffrey Sydney Could the Clark decision put IRAs inherited by spouses at risk? Why Standalone Retirement Trusts are more important than ever for clients with Retirement Assets. When should a client have a Standalone Retirement Trust? Key considerations in designing and drafting Standalone Retirement Trusts. Presenters: Jeffrey Sydney, JD, MBA Jeff Sydney has been an attorney in California for more than 30 years. He is a Certified Specialist in Estate Planning, Trust and Probate Law Certified by the State Bars of California and Arizona. Jeff s educational background includes a Juris Doctor (JD) degree from Stanford University Law School, a Master of Business Administration (MBA) degree from the University of Southern California, and a Bachelor of Arts (BA) degree from Columbia University. He is a member of WealthCounsel and the WealthCounsel Advisors Forum. Over the years, Jeff s commitment to Estate Planning and Elder Law has been reinforced by the satisfaction of helping individuals and families successfully address these matters for themselves and their loved ones. 10:15 a.m. Break

4 10:30 a.m. Great Estate Debates of the Rich and [In]Famous Whether they died too soon or lived too long, several of America s rich and [in]famous left estates full of planning pitfalls from which every professional can learn. Anissa Morse will present the highlights and the lowlights of these estates that will long deserve the spotlight. Presenter: Anissa B. Morse Anissa Morse rejoined the Center for Estate and Gift Planning in 2013 after a five-year hiatus during which she practiced estate planning in Tennessee and Utah and worked as the Associate Director of Planned Giving at the University of Utah. Anissa graduated from the Pepperdine University School of Law in 2001 and served as editor of the Dispute Resolution Law Journal. She earned her Bachelor of Science degree in Communication (Magna Cum Laude) from the University of Utah in Anissa is admitted to the State Bars of California, Tennessee and Utah. Anissa B. Morse 11:30 a.m. Lunch 12:00 p.m. Using Planned Gifts to Mitigate the Net Investment Income Tax The Affordable Care Act created a new net investment income tax of 3.8% on the long-term capital gain and investment income of most upper-income taxpayers. As such, many upperincome persons now find themselves paying capital gains tax at a rate of 18.8% or 23.8%. For these persons, charitable planned gifts can be a great solution to these higher tax rates. Different strategies involving charitable remainder trusts and lead trusts can help these ndividuals mitigate the negative effects of the 3.8% tax while providing them or their heirs with lifetime income and the added benefit of helping charity. Presenter: Tim Boone, JD Tim Boone is an attorney and Assistant Vice President of Crescendo Interactive s legal team, the largest provider of planned giving solutions. He is responsible for client education and customer support for Crescendo's software services. In addition, he writes weekly articles for Crescendo publications and teaches at Crescendo seminars. He graduated from CSU Stanislaus with a Bachelor's Degree in Business Administration, and from Liberty University School of Law where he served as Symposium Editor of the Law Review and Chaplain of the Student Body Association. He is admitted as a member of the State Bar of California. Tim Boone, JD

5 1:00 p.m. Break 1:30 p.m. Recent Developments Affecting Estate Planning beyond 2014 Mr. McCaffery and Mr. Yoshitake will discuss the practical applications for current planning and drafting. They will also discuss planning opportunities and pitfalls going forward. As always, the Dynamic Duo will also shed some light on current developments relevant to practitioners and their clients. As of press time, our two featured speakers may be joined by a third panelist bearing another perspective on current trust and estate planning practices. Presenters: Edward J. McCaffery, Esq. and Alan T. Yoshitake, Esq. Edward McCaffery and Alan Yoshitake are partners in the law firm of Seyfarth Shaw LLP, Los Angeles. Mr. McCaffery practices in the area of trusts and estates, taxation and intellectual property. He was the former dean of the USC law school and remains on their faculty. He currently teaches at Caltech. Edward earned his JD from Harvard Law School and is a member of the American Law Institute and National Tax Association. Mr. Yoshitake s practice focuses on tax issues related to estate and financial planning and to charitable giving for individuals and privately owned businesses. His professional affiliations include the American, Los Angeles, Beverly Hills and Hawaii Bar Associations, the U.S. Supreme Court, and member of the USC Tax Planning Committee. Edward J. McCaffery 2:45 p.m Closing Remarks Alan T. Yoshitake

6 For Attorneys, CPAs, Financial Planners and Insurance Agents Reserve your space now! November 21, 2014 The Museum of Ventura County 100 E. Main Street Ventura, CA :30 a.m. Registration 8:00 a.m. 3:30 p.m. Program From Los Angeles Take the US-101 N Exit California StreeT turn RIGHT Turn left on Main Street From Santa Barbara Take the US-101 S Exit at Main Street Turn RIGHT on Main Street Thank You To Our Sponsors: Symposium Planning Committee: Christopher B. Bannon, CFP Senior Financial Advisor, UnionBanc Investment Services Grant Blindbury, CFP Partner, FMB Wealth Management Jesse E. Cahill, Esq. Partner, Ferguson Case Orr Paterson LLP Dena Jenson,Vice President & Director Ventura County Community Foundation Center for Nonprofit Leadership Joanna L. Orr, Esq. Director of Legal Affairs, Reiter Affiliated Companies Shanon Rice Director of Events and Promotion, Museum of Ventura County Robin Woodworth Management Consultant to Nonprofit Organizations Channel Islands Equities Limited Rich Holmes Senior Director, Major Gifts and Planned Giving California Lutheran University Continuing Education Credits: CFP Board 5.75 Hours State Bar of California 5.75 Hours California Board of Accountancy 6.9 Hours Thank You To Our Partnering Organizations Estate Planning Council of Ventura County Please complete and return this card with registration payment to: Ventura County Community Foundation (VCCF) 4001 Mission Oaks Blvd., Suite B, Camarillo, CA djenson@vccf.org Fax: (805) OR Register on-line at: Name Company Address City State Zip Work Phone Cell Phone To pay with credit card-please register on-line at: Please make check payable to VCCF Early bird registration q $175(Before 11/17) Registration q $225 At Door Registration q $275 Students q $75 (Limited Availability) Fees include Continental Breakfast, Lunch, Materials and Continuing Education Credits For more information, please call ext. 128