Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Estate Planning CLE Programs, click here.

"Leap" with Confidence into the DRA Era: Things You Should Know When Representing the Elderly (12th Annual Elder Law Symposium)

Abstract: Basics of DRA: Its Impact in NC (changes, personal service contracts, annuities, transfer rules, lifting or reducing the sanction period, look back rules, non homesite real estate rules, promissory notes loans mortgages, donation gifts) ... Using Hardship Waiver to Your Client's Adv. (process, attorney?, denial of hardship waiver? recourse?) ... When a Client Wants to Give Away the Home Place (retaining a life estate in home place, eligibility for SA and Medicaid, purchase, gift of life estate, reservation of powers, irrevocable trusts, title exam and insurance) ... Tax Traps and Tips (sale of primary residence after moving out, transfer with retained life estate, trusts by children, income tax issues of stock sales, income deduction available for nursing, transfer of life insurance, harming s.s. benefits with income, purchase and liquidation of annuities, IRA distribution issues, forgiveness of indebtedness income, gift tax issues, using parent as a dependent) ... Residents Rights in a Nursing Home (Resident's Rights (Fed and NC) while living in a nursing home or an adult care home, dismissal of a resident, eviction/transfer/discharge and defenses) ... Qualifying for Special Assistance (asst living vs. intermediate care, review of eligibility, transfer of resource, income rules) ... Ethical Considerations ... *Click below on "view TOC" to search the Table of Contents*

13th Annual Elder Law Symposium

Abstract: The Basics of Medicaid Planning (Medicaid rules; Medicaid planning options, annuities, community spouse resource allowance and the income allowance for the community spouse, planning with IRAs and other planning opportunities under the DRA.) ... Tweaking the Elder Law Practice to Achieve the Highest Professional Standards (National Academy of Elder Law Attorneys; the impaired older client and conflict of interest) ... Grantor Trusts (Irrevocable trusts; Tax aspects?; Grantor trusts; Medicaid, tax, NC trust law, proper selection of fiduciaries, proper funding ) ... Veteran's Benefits: Understanding Aid & Attendance Pension Benefits ... ABCs of Non-institutional Programs: Special Assistance and Community Alternative Programs (Special Assistance in a Special Care Unit and the CAP programs) ... Special Needs Planning: It is More than Drafting a Trust ... Preventing Exploitation Perpetrated Using Powers of Attorney (Initial phone call, to drafting, to revocation issues: how can you keep the client safe?; Preventing elder abuse that starts with these documents?) ... Medicaid Planning Issues for Spouses (Plan for IRAs; How to increase the income and/or resources that the spouse is allowed to keep) ... Understanding Emerging Trends in Guardianship Law (Interstate jurisdictional problems; Ward's right to counsel; guardian ad litem)

2007 Estate Planning and Probate Law Survey Course

Abstract: North Carolina Uniform Trust Code ... North Carolina Law of Wills and Trust ... Partnerships, LLCs and Corporations: Estate Planning and Probate Issues ... Property Law: Estate Planning and Probate Issues ... Generation-Skipping ... Transfer Tax ... North Carolina Probate Law - Part II ... Annuities and Life ... Insurance: Estate, Gift and Income Tax Issues ... Guardian and Ward/UTMA ... Family Law: Estate Planning and Probate Issues ... Estate Planning with Powers of Attorney ... Charitable Giving ... Gross Estate ... Valuation of Gross Estate ... Estate Tax: Federal and North Carolina Estate Tax Deductions, Credits and Payment of Tax ... Gift Tax: Federal and North Carolina ... Marital Deduction ... Fiduciary Income Tax of Trusts and Estates ... North Carolina Probate Law - Part I ... Retirement Benefits: Estate Planning and Probate Issues ... *Click below on "view TOC" to search the Table of Contents*

2007 GP Small Firm & Solo Section Annual Meeting

Abstract: Real Estate Title Issues (From new rail road claims to maximizing title insurance coverage to new issues, statutes, and cases affecting title.) ... Personal Injury Evaluation (Step by step evaluations of your personal injury claims to help you increase the potential recovery in your case.) ... Internet Research Tools without the Expense (Instruction on how to find the legal research you need without paying the big firm price. This session will be devoted to using Casemaker and other free legal tools effectively.) ... Will and Estate Planning (Education on the in's and out's of drafting a will to protect your testator's will from mistakes and traps that can haunt the will drafting practitioner.) ... Substance Abuse/Ethics (The nature and detection of substance abuse for members of the bar.) ... Domestic (Update on cases and changes in the law as well as discuss issues involving the domestic practice.) ... *Click below on "view TOC" to search the Table of Contents*

2008 Fiduciary Litigation Update

Abstract: By some estimates, fiduciary litigation has been increasing at a rate of 20% each year. The phenomenal growth reflects not only the increasing assertiveness of beneficiaries in asserting their claims against, but also a changing legal environment and a turbulent investment climate. This annual update provides you a detailed discussion of major developments in fiduciary litigation in the last year. Among other topics, the audio CD discusses the impact of the turbulence in the financial markets on fiduciary litigation, developments related to litigation involving family businesses held in trust, and claims based on liquidity. Topics include: Investment expectancy in a turbulent market; Family business trust litigation; Claims based on liquidity; Trends in pre-mortem litigation; Fiduciaries' administrative privilege.

2008 Health Law Section Annual Meeting

Abstract: "Stark: Phase III and Promise of More to Come" (Grandfathering and delays in implementation; Lessons learned from the first 120 days of Phase III) ... North Carolina Legislative Update Including Recent Changes in Law Relating to Advance Directives ... Beyond Tort Reform (Medical liability policy; Elements of the health court proposal and comparison with existing systems in the US and overseas; Status of national and state-by-state reform initiatives) ... Practical Tips for Health Lawyers on Intellectual Property Issues (Copyright and trademark - protection and avoiding infringement) ... Current Issues in Payor/Provider Relationships (Many important (and some obscure) laws and regulations govern deals (and "divorces") between health care providers and managed care payors. To distinguish between which contracts must follow North Carolina insurance laws and regulations and how to evaluate a participating provider agreement for compliance with North Carolina mandates.) ... Attorney-Client Privilege ... *Click below on "view TOC" to search the Table of Contents*

2009 Estate Planning Update - Part 1

Abstract: The slowing economy and steep declines in asset values have put substantial new pressure on estate planners and their clients. This annual estate and trust planning and litigation update provides you a broad update of major case law, legislative and regulatory developments in planning, administration and litigation in the last 12 months. The audio CD discusses how macroeconomic dislocations are impacting planning and litigation. Among other topics, this audio CD covers gifting strategies with distressed assets, developments in Family Limited Partnerships, planning with low interest rates, trends in fiduciary litigation, and proposed changes to the estate and gift tax regime by the Obama Administration and new Congress. Part 1 Topics include: Planning in a distressed economy; Case law and statutory update; Gifting strategies with distressed assets; Recent developments and trends in fiduciary litigation and Obama Administration proposals to change estate tax regime.

2009 Estate Planning Update - Part 2

Abstract: The slowing economy and steep declines in asset values have put substantial new pressure on estate planners and their clients. This annual estate and trust planning and litigation update provides you a broad update of major case law, legislative and regulatory developments in planning, administration and litigation in the last 12 months. The audio CD discusses how macroeconomic dislocations are impacting planning and litigation. Among other topics, this audio CD covers gifting strategies with distressed assets, developments in Family Limited Partnerships, planning with low interest rates, trends in fiduciary litigation, and proposed changes to the estate and gift tax regime by the Obama Administration and new Congress. Part 2 Topics include: Family Limited Partnership Update; Planning in states with a de-coupled unified credit; Planning in a low interest rate environment and Charitable giving trends.

2009 Ethics Update - Part 1

Abstract: A troubled economy is putting substantial new pressure on lawyers, law firms and their clients. Law firms are laying off attorneys and other professional staff. Billing and collecting fees can be a strained process. Managing certain client engagements is becoming more difficult. This annual update on practical lawyer ethics discusses the ethical issues arising from these and other areas of law practice in a troubled economy. The audio CD also provides a comprehensive review of developments in the conflict of interest and ethical issues in the use of new technology in the law office. Part 1 topics include: Duties of law firm management at a time of economic distress, including attorney layoffs; Traps of billing and collecting fees when clients are cutting back and Developments in conflicts of interest, Part 1

2009 Ethics Update - Part 1

2009 Ethics Update - Part 2

Abstract: A troubled economy is putting substantial new pressure on lawyers, law firms and their clients. Law firms are laying off attorneys and other professional staff. Billing and collecting fees can be a strained process. Managing certain client engagements is becoming more difficult. This annual update on practical lawyer ethics discusses the ethical issues arising from these and other areas of law practice in a troubled economy. The audio CD also provides a comprehensive review of developments in the conflict of interest and ethical issues in the use of new technology in the law office. Part 2 topics include: Managing difficult client engagements in a down economy; Developments in conflicts of interest, part 2 and Ethical traps of technology in the law office.

2009 Ethics Update - Part 2

Abstract: A troubled economy is putting substantial new pressure on lawyers, law firms and their clients. Law firms are laying off attorneys and other professional staff. Billing and collecting fees can be a strained process. Managing certain client engagements is becoming more difficult. This annual update on practical lawyer ethics discusses the ethical issues arising from these and other areas of law practice in a troubled economy. The audio CD also provides a comprehensive review of developments in the conflict of interest and ethical issues in the use of new technology in the law office. Part 2 topics include: Managing difficult client engagements in a down economy; Developments in conflicts of interest, part 2 and Ethical traps of technology in the law office.

2009 Health Law Section Annual Meeting

Abstract: RAC Audits: Corporate Compliance Redux (Recovery Audit Contractors ("RACs"): Pilot program results, Permanent program features and RAC audits) ... Hidden Liabilities in the Electronic Medical Record (The push for electronic medical records and the top 10 reasons why they are here to stay, Risks endemic to electronic medical records including metadata, electronic discovery, medical malpractice and Medical malpractice study: EMRs as both sword and shield) ... Medical Board Hot Topics (Physician profile rules - the public reporting of malpractice settlements and awards, Supervision of allied health professionals and Physician ethics and capital punishment) ... Fiduciary Responsibilities of Directors of Health Care Organizations for Oversight of Quality and Patient Safety: Emerging Theories of Liability (Role of directors in health care organizations, and the emerging theories of liability regarding directors' duties.) ... New Hospice Conditions of Participation (Contract requirements, Nursing facility agreements, Medical director agreements, General inpatient and respite care agreements and Certification surveys) ... Understanding How the Government Regulates Drugs and Medical Devices (FDA regulations of drugs and medical devices; the new administration) ... Thriving and the Legal Profession (Job dissatisfaction and depression)

2009 Nursing Home Litigation

Abstract: Assessing Patient Care: A Formula for Reducing Liability Claims Against Skilled Nursing Facilities (Practical Tips to Pass on to Nursing Homes; Practical Tips for Attorneys Reviewing Facility and Medical Records and Documents; Possible Upcoming Issues/Trends in Nursing Home Liability Claims) ... The New Medicare Reimbursement Rates and their Impact on Liability Claims ... An Ounce of Prevention: Anticipatory Protection of Nursing Home Residents ... The Impact of Staffing on the Quality of Nursing Home Care (Low staffing levels and high staff turnover in US nursing homes: a vicious cycle; Current staff reporting mechanism: problems resulting in inaccurate staffing data (OSCAR versus Medicaid Cost Reports accuracy); to improve staff retention and staffing levels among RNs, LVNs and CNAs in nursing homes: some controllable factors) ... Who Do You Represent? Pitfalls and Perils of Representing an Organization ... Who Do You Represent? Pitfalls and Perils of Representing Estates and Incompetents in Nursing Home Litigation ... Interviewing the Defendant Organization's Employees: When Can You, When Should You, When Are You Ethically Prohibited From Doing So?

28th Estate Planning and Fiduciary Law Section Annual Meeting

Abstract: Recent Developments (Recent NC and federal tax rulings and cases) ... Legal Malpractice (Rules of Professional Conduct; Malpractice Liability; estate planning and administration) ... Special Needs and Medicaid Planning (Deficit Reduction Act of 2006) ... Modern Trustee Investing (Uniform Prudent Investor Act, Uniform Principal & Income Act and Uniform Trust Code; IRC §643(b) regulations) ... Death of a Professional - Closing the Solo Practice ... Solving the 3-D Puzzle-Making Sense of Planning for Retirement Accounts ... The Grim Reaper Cometh: Tax Planning for Clients with Short Life Expectancies ... Planning for the End - Anticipating Post-Mortem Issues at the Death of the Owner of a Pass-Through Entity ... Neurobiology of Addiction and Recovery ... To Dream the Impossible Dream: Estate Planning for the Owners of the Family Business ... GRAT v. Installment Sale ... *Click below on "view TOC" to search the Table of Contents*

29th Estate Planning and Fiduciary Law Program

Abstract: Recent Developments ... What's New and What's Left in Sophisticated Life Insurance Techniques ... Litigation Issues in Estate Planning and Administration ... "OOO La La, The Paranoid Planner Returns, This Time With an International Flair!" (effective disposition of asset considerations, situs and treaty issues, and the non-citizen spouse provisions) ... Succession Planning for the Owner of a Closely Held Business ... Operating a Private Foundation ... End of Life Planning ... Community Property for North Carolina Lawyers - What You Don't Know Can Hurt You ... Retirement: Plan Early and Often-Putting Tax-Deferred Accounts to Best Use ... *Staying Out of Trouble with Clients and the State Bar ... Planning to Minimize the Generation-Skipping Transfer Tax ... *Click below on "view TOC" to search the Table of Contents*

30th Annual Estate Planning & Fiduciary Law Program

Abstract: Recent Developments (Wealth transfer planning; trust and estate administration and charitable giving.) ... Repeal of NC Rule against Perpetuities ... Trust Decanting: An Overview and Introduction to Creative Planning Opportunities ... Court Proceedings Involving Trusts Sophisticated Asset Protection Planning Tools and Techniques Including Offshore Trusts (Analysis of the decreasing protections afforded by bankruptcy statutes, LLCs, LPs and spendthrift trusts) ... Probate Mediation/Mediation Before the Clerk ... Estate Administration Issues for the Non-Taxable Estate (Insolvent or illiquid estate, elective share rights, summary administration, probate and caveat proceedings) ... When Donors Want to Make the Rules: Dealing with Donor-Imposed Restrictions on Charitable Gifts (Restrictions and limitations; Uniform Prudent Management of Institutional Funds Act.) ... Substance Abuse ... Open Issues and Close Calls - Using Grantor Trusts in Modern Estate Planning ... The Perfect Country Song: A Panel Discussion of Non-Tax Estate Planning and Drafting Along Life's Winding Country Roads (Blended families, problem assets/beneficiaries, creative distributions from trusts, Trustee selection, and equalizing distributions among beneficiaries.)

ADR in Estate Planning Disputes

Abstract: Disputes in estate litigation can be particularly bitter and protracted. Often the litigation involves family members and long-standing rivalries and resentments that present timely distribution of an estate's assets or severely hampers its regular administration. In order to combat this problem, many jurisdictions have begun to mandate the use of ADR in estate litigation. This audio CD provides a guide to effective uses of ADR to timely settle estate and trust disputes before litigation or to settle litigation.

Advanced Planning & Drafting

Abstract: New Directions or the Well Worn Path? Best Practices of Trust and Estate Attorneys (IRA distribution, trust accounting income, proper application of the separate share rules, private unitrust vs. unitrust conversion. Irrevocable life insurance trust, maximizing estate income tax deductions not subject to the 2% floor, maximizing the credit shelter trust through the Hubert regulations, facilitating the making of a 754 election on death of a partner or LLC member.) ... Attorney-Client Privilege and other Ethical Considerations in Estate Planning ... Planning for the Executive Compensation and Benefits (stock options, restricted stock, employer stock, qualified and non-qualified retirement plans) ... The Rule Against Perpetuities and the NC Estate Planner (Multi-generational planning within NC. Income tax considerations regarding multi-generational trusts and estate and GST tax considerations.) ... It's Better to Give When It is Less Taxing (valuation discounts and leverage, defined value clauses, installment sales, grantor trusts, incomplete gifts, and charitable giving.) ... *Click below on "view TOC" to search the Table of Contents*

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Attorney Ethics in E-Discovery

Abstract: One of the primary challenges of managing modern litigation is e-discovery - mining the vast storehouses of electronic files for relevant evidence. Often those electronic files contain certain "hidden" information - for example, earlier drafts of documents, edits, creation dates and times - that the creator may not know exists and certainly does not want disclosed. That information may be subject to the attorney-client privilege and is not properly discoverable. The intersection of modern electronic forensics and vast storehouses of electronic data has created an ethical minefield for attorneys. This audio CD is a practical guide to how metadata is created and how it can be destroyed - and the ethical implications of discovering that information. Topics include: Mining electronic files for metadata; Inadvertent disclosure of metadata, the attorney-client privilege and return of documents; Spoliation of evidence issues; Preventing the creation of or eliminating metadata and Ethical issues in working with e-discovery vendors.

Attorney Ethics in E-Discovery

Avoiding Fraudulent Transfers in Asset Protection Planning

Abstract: Asset protection planning is a legitimate form of preserving a client's wealth from depletion by creditors and other claimants. In its most common form it can use retirement accounts, life insurance policies, and forms of property ownership to shield assets from potential claims. Asset protection planning often uses trusts, too. But the great risk of asset protection planning is that certain techniques will slip from legitimate protection to fraudulent transfers intended to deprive creditors and others of their rights. Fraudulent transfers bring grave consequences in their wake. This audio CD provides you a practical guide to avoiding the legal traps of asset protection planning. Topics include: Tension between asset protection planning and fraudulent transfers; How legitimate forms of asset protection planning can go wrong; Restrictions on certain transfers; Types of creditors and their specific rights and Special bankruptcy, tax, and criminal law considerations.

Avoiding Fraudulent Transfers in Asset Protection Planning

Avoiding Malpractice in Trust and Estate Planning

Abstract: There is perhaps no greater risk of a malpractice claim than when money and emotion mix in the estate planning and administration context. Expectations are disappointed. Family animosities surface and grow. Miscommunication and misunderstanding spread. Often clients and beneficiaries will turn and blame their estate and trust planners and administrators for what they perceive to be faulty planning and administration. Planners and administrators need to be particularly vigilant in guarding against these claims. This audio CD provides you a practical guide to common sources of malpractice liability and practical techniques for avoiding them. Topics include: Risks of not identifying your client, particularly in the family context; Framework of conflict issues; When does representation begin/end - planning only or planning and administration? and Communications with clients.

Basics and Beyond: Elder Law

Abstract: Practice Management (So you want to be an Elder Law attorney? Organize your time, your clients, and practical marketing tips for building a successful and rewarding Elder Law practice.) ... Supplemental Security Income (SSI) Basics ... Social Security, SSI and Family Law (Public benefit planning in divorce, child support and non-traditional marriages) ... Guardianships and Incapacity (A step by step comprehensive guide for the beginning practitioner from initial filing through termination.) ... Medicaid Estate Recovery ... Medicaid Planning for Nursing Home and Special Assistance ... Appeals (Your planning is denied. How do I appeal?) ... Basic SNT Overview ... SNT Drafting (Sample forms, sample clauses, and important resources for building and maintaining SNT expertise)

Basics of Elder Law (2007)

Abstract: Understanding Dementia (Types of dementia; dealing with the dementia patient and his caregiver) ... Planning for Disability: Medical Directives (Living wills, medical powers of attorney and health care proxies) ... Planning for Disability: Appointing Financial Agents (durable general powers of attorney) ... Incompetency and Guardianship ... Long-term Care Issues (Nursing homes, adult care facilities, board and care, CCRCs - including contract review, admission, level of care, transfers and discharges, medication/restraint issues, and other patient rights issues) ... Personal Injury on Behalf of Older Persons (Medical/nursing malpractice, negligence of health care providers and senior safety issues) ... Special Needs Trust Overview ... Benefit Programs That May Help with Cost of Long-term Care (Medicaid for the Aged, Blind and Disabled; State-County Special Assistance and PLA Medicaid)... *Click below on "view TOC" to search the Table of Contents*

Basics of Estate Administration ("You A-Z Guide")

Abstract: Pre-Qual Procedures ... Summary Admin and Small Estate Admin (Assets not subject to admin; small estates; summary admin; family allowances; estates composed of real estate only and transfers of motor vehicles) ... Qual and Post-Qual Procedures (Qual procedures for testate and intestate estates; determination of beneficiaries, etc.) ... Handling Assets (Handling bank accounts; CDs, stocks, bonds, mutual funds, DRIP accounts, life insurance, government bonds, income tax refunds, real property, tangible personal property, motor vehicles, mobile homes and beneficial interests in trusts and other estates) ... Handling Retirement Accounts (employee benefit plans, individual retirement accounts and annuities) ... Handling Business Assets (sole proprietorship, partnerships, LLCs, C and S corps and professional corps) ... Inventories, Accounting and Distributions (Inventories; annual and final accounts; distributions and apportionment of taxes) Estate Taxation (Fed and NC estate taxes) ... Decedent's Tax Returns (Final income tax returns; estate and trust income tax returns; gift tax returns and tax returns for other states) ... Guardianship (Guardianship practice and procedure; use of guardianship; standby guardians for minor children; guardianship alternatives; NC Uniform Transfers to Minors Act and NC Uniform Custodial Trust Act)

Basics of Will and Revocable Trust Drafting (2008)

Abstract: Basics of Estate Planning (Definition of estate planning; goals and objectives; significance of title, form or ownership and beneficiary designations; types of wills; statutory alternatives to wills; durable powers of attorney; health care powers of attorney; living wills; basic transfer tax concepts) ... Will Drafting: Non-Tax Issues (Exordium clause; payment of debts and other claims against the estate; funeral, burial or cremation instructions; devise of tangible personal property, real property and residuary estate; execution procedures) ... Will Drafting: Tax Issues (Planning for estate tax savings with marital and credit shelter trusts; tax implications of fiduciary selection and fiduciary powers) ... Revocable Trust Drafting (Uses of revocable trusts; funding issues and transfer of assets to trusts; disposition of personal property and real property; integration of tax planning strategies) ... *Click below on "view TOC" to search the Table of Contents*

Beyond the Basics of Elder Law

Abstract: Understanding Dementia (Understanding Dementia?; Types of dementia; Dealing with the dementia patient and his caregiver) ... Planning for Disability: North Carolina's New Medical Directives (Advance Directive for a Natural Death (living will); Health Care Power of Attorney; The Medical Order for Scope of Treatment (MOST)) ... Planning for Disability: Appointing Financial Agents (Taking a new look at durable general powers of attorney from the elder's perspective; Gifting and exploitation) ... Advising or Being the Fiduciary in a Guardianship (Taking on a fiduciary practice or counseling those who are guardians) ... Housing and Long-term Care Issues (When the elder can no longer live alone at home, housing options and issues) ... Current Issues in Special Needs Trusts (Using SNTs to help elderly clients or clients with disabilities; Issues in drafting, funding and administering these trusts) ... Practical Medicaid Issues following North Carolina's Implementation of DRA (Coping with recent regulatory changes: trusts, annuities, mortgages, deeds, gifting; the application; undue hardship) ... *Click below on "view TOC" to search the Table of Contents*

Client Incapacity & Special Needs Trusts

Abstract: Special Needs Trusts are special types of trusts that preserve the eligibility of the disabled for Medicare and Medicaid benefits even though they may have other personal or family resources available for their support. SNTs are used by parents to provide for their disabled children or by persons who have become disabled to provide for their own long-term care. There are different types of trust, each with their own eligibility standards and potential traps. This audio CD is designed to provide you a practical guide to using SNTs - planning for and administering trusts, integrating them into larger estate plans, and drafting tips and common traps for the planner and clients. Topics include: Types of Special Needs Trusts (SNTs); Eligibility standards; Drafting tips and traps; Integration of special needs trusts within larger estate plans of family; Selecting trustees and pooled trusts and Administration of SNTs.

Corporate Goverance for Family Businesses

Abstract: Although the principles of good corporate governance apply universally without regard to the size of the business, family and privately held businesses pose challenges unique to them. This audio CD covers board of director, voting, management and buy-out issues of corporate governance as they apply specifically in the context of family-owned and closely-held businesses, with a emphasis on practical techniques avoiding paralyzing internal disputes.

Dealmakers & Deal Breakers: Coordinating Business and Estate Planning Goals

Abstract: Nuts & Bolts, Choice of Entity Considerations and Tools and Techniques (How entity considerations impact future planning opportunities, including liquidity events, estate planning, charitable planning and business succession planning. Topics include: Choice of entity considerations in business formations; How to structure effective estate planning techniques; Use of entities in charitable gift planning; What types of tax consequences to expect and look for in a liquidity event; How to effectively utilize business succession planning techniques.) ... Softer Side of Succession Planning/Social and Psychological Issues ... Funding Buy/Sell Agreements with Insurance (Goals - ensure business viability and orderly transfer of business control; Challenges - triggering events; types of funding mechanisms and insurability; Relationship between business valuation and insurance planning; Insurance funding - selection; Types of buy/sell arrangements - structure; Effect of choice of business entity on buy/sell structure and selection of insurance) ... Valuation Issues ... *Click below on "view TOC" to search the Table of Contents*

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Elder Law: Reverse Mortgages, Long-Term Care Insurance, and Planning for Old Age

Abstract: Perhaps the biggest and most fearful challenge for clients as they approach old age is providing for their long-term care and maintenance. Rising institutional and home health care costs, together with longer life expectancy, has made this a particularly widespread and urgent concern. This audio CD provides you a practical guide to three techniques for funding long-term care. The audio CD discusses the types of long-term care insurance and their uses in planning for old age. Also, the audio CD discusses the real-world risks and opportunities of "reverse mortgage" products. Finally, the audio CD covers Medicare/Medicaid funding of long-term care. Topics include: Uses of long-term care insurance in estate planning for the elderly; Medicaid/Medicare considerations in planning the elderly; Opportunities and risks of using reverse mortgages; Common planning traps.

Elder Law: What's Important Now (11th Annual Elder Law Symposium)

Abstract: Special Needs Trusts: Caregiving and Budgeting Considerations (statutory and drafting considerations involved in using a case manager and life care plan) ... Deficit Reduction Act Answers (Affect on Medicaid eligibility for NC residents) ... Recent Developments (changes in NC statutes and cases (excluding DRA)) ... Ethical Considerations in the Contested Guardianship Special Needs (d)(4)(c) Pooled Trusts: Creation and Administration (Medicaid and SSI; drafting, funding and administering a Pooled Trust) ... Real Estate Mechanics (real estate deed transfers, including transfers between spouses, transfers to and from spouses, gift deeds, warranty/non-warranty deeds, title insurance and more) ... Use of Annuities for Medicaid Eligibility (annuities under DRA) ... *Click below on "view TOC" to search the Table of Contents*

End-of-Life Planning: New Living Will, Health Care Power of Attorney and Organ Donation Statutes

Abstract: House Bill 634 Overview (The lack of clarity in NC's previous living will and health care power of attorney statutes and the statutory clarifications made in H634. New statutory forms and the new rules resolving any conflicts between different patient instructions.) ... The MOST Form - Background (Medical needs that the MOST addresses and how patients can use it to enhance their health care directives. Interplay with living wills and health care powers of attorney) ... Use of and Variations on the Statutory Forms (Pros and cons of using (a) both the living will and the health care power of attorney, (b) only the living will and (c) only the health care power of attorney.) ... The Realities of End-of-Life Situations (Medical aspects of withholding life-prolonging measures and dispel common misconceptions. "Artificial nutrition and hydration" and to comfort care in end-of-life situations. How health care pros address family conflicts in end of life situations, both with and without advance directives. The role of medical ethicists and ethics committees in end-of-life situations.) ... New Organ Donation Law (New organ donation statute and the changes to funeral statutes and the interplay with Living Will and Health Care Power of Attorney.) ... *Click below on "view TOC" to search the Table of Contents*

Estate and Gift Tax Audits

Abstract: This audio CD provides an intermediate level introduction to the process of defending a client's estate against an IRS estate or gift tax audit. The audio CD guides listeners through the steps in the audit process and guidance from experts on how to bring the audit to a successful close.

Estate and Gift Tax Audits

Abstract: This audio CD is a practical guide to what to do once your client gets an audit letter for their estate or gift tax return - and how to reduce the risk of audit at the planning stage. What are the red flags or triggers which estate planners should avoid in the first instance? Once your client receives a letter, how and when should you respond? What issues can you expect at audit? How can you bring the audit to timely resolution? These and many other practical questions will be answered on this audio CD on how to help you clients avoid or successfully defend an estate and gift tax audit. Topics include: Current enforcement priorities of the IRS; Flags and triggers to avoid at planning stage; Procedural tips once you get an audit letter; Common issues at audit and Tips on bringing a quick resolution to the audit.

Estate Planning for Liquidity

Abstract: Liquidity to pay income and estate tax liabilities is one of the biggest challenges facing estate planners and administrators. The problem is particularly acute in the current market environment where asset values are declining across-the-board and there are few, if any, buyers because of limited access to credit and growing economic uncertainty. Selling assets at fire-sale prices to fund tax liabilities or trust distributions can easily have a substantially adverse financial impact on the estate and its beneficiaries. This audio CD provides you a practical guide to planning for liquidity before it is too late - and what you can do to limit the financial damage once your client is in a bind. Topics include: Tension between needs for liquidity and illiquid estate and trust assets; Liquidity for tax liability, trust distributions, and estate administrative expenses; Uses of insurance and buy-sell agreements to obtain liquidity; Special issues involved in family assets and Sale techniques to limit losses.

Estate Planning for Pets

Abstract: Pets can be a substantial source of comfort and affection for elderly clients. Providing for their safety and care once the client dies can be a source of great urgency for the client and raises several unique challenges for the attorney. This audio CD is a practical guide to the special challenges of creating and administering trusts for the safety and care of pets and the integration of the trust into the a client's larger estate plan. Among other topics, the audio CD covers the types of pet trusts and where they are available - some are universally available, others are the creature of statute, the special challenge of selecting trustees and caretakers for pet trusts, establishing administration standards, funding pet trusts, and a guide to challenges by other beneficiaries. Topics include: Types of pet trusts and where they are available - universally available versus special statutorily created trusts; Issues in selecting trustees and caretakers; Establishing effective standards of administration; Funding pet trusts and Potential legal challenges.

Estate Planning for Pets

Estate Planning for Real Estate - Part 1

Abstract: Estates with substantial real estate holdings have special challenges for estate planners, starting with the illiquidity of most property and the difficulty of making periodic distributions to beneficiaries, or tax payments. This audio CD provides an overview of the life cycle of working with real estate entrepreneurs in preparing their estate, business succession, and charitable giving plans. Part 1 focuses on the right choice of entity for real estate holdings, restructuring real estate portfolios and plans for lifetime giving. Topics include: Problems unique planning for real estate, including liquidity issues; Lifecycle of planning for real estate; Choice of entity issues; Asset restructuring and Planning for lifetime gifting.

Estate Planning for Real Estate - Part 2

Abstract: Estates with substantial real estate holdings have special challenges for estate planners, starting with the illiquidity of most property and the difficulty of making periodic distributions to beneficiaries, or tax payments. This audio CD provides an overview of the life cycle of working with real estate entrepreneurs in preparing their estate, business succession, and charitable giving plans. Part 2 focuses on valuation discount issues, business succession planning whether family members are involved in the business or not, and charitable giving. Topics include: Valuation issues; Reducing value through retained interests; Business succession planning and Charitable giving.

Estate Planning for Retirement Benefits

Abstract: Personal retirement accounts - traditional IRAs, Roth IRAs, 401(k)s - are the biggest source of liquid retirement assets for most people. Steep declines in real estate values have diminished the value of the other big source of retirement assets - personal residences. Stock market turbulence has also added a substantial degree of uncertainty to estate planning with these plans. This audio CD provides you a practical guide to estate planning for retirement benefits in a troubled market, including valuing IRAs in an erratic and volatile stock market, avoiding designation of beneficiary traps, new developments in charitable transfers, and many other issues. Topics include: Valuing IRAs in a market downturn; Designation of beneficiary traps and techniques; Martial trust issues; Non-spousal rollovers; Developments in charitable direct transfers and What constitutes a distribution or disposition for Section 2032 purposes.

Estate Planning for Retirement Benefits

Abstract: As the savings rate among most people remains remarkably low, most Americans rely on their IRAs and 401(k) plans to fund their retirements. Indeed, next to their personal residences, the largest single asset of most people is likely their retirement plans. The singular importance of retirement plans to the financial well-being of most people puts particular emphasis on successfully integrating IRAs and other retirement funds into your client's estate plan. This audio CD discusses in detail practical techniques for planning distributions and rollovers and integrating them into your client's estate plan. The audio CD also discusses changes made by the recent pension reform act. Topics include: Spousal rollovers from estates and trusts; Non-spousal rollovers; Direct Rollovers from qualified plan to Roth IRA; Marital trusts as beneficiary - satisfying the income requirement; Qualified charitable distributions and Changes to existing law made by recent pension reform.

Estate Planning for Young Clients

Abstract: Some clients are fortunate to come to substantial wealth earlier in time than is the typical experience. The challenges of planning for them are different than planning for older clients. Younger clients have a longer life expectancy, likely have very young children, and possibly more uncertainty about their wealth. This implicates a series of issues for the estate and trust planner. This audio CD provides you a framework and practical guide for planning for younger clients, including the integration of health care and educational trusts for young children and the integration of custodial documents, trust investments decisions for longer life expectancies, and other issues. Topics include: How planning for younger clients differs from typical older clients; Trust planning for health care and education of younger children; Integration of custodial and other issues and Investment decisions in planning for a longer life expectancy.

Estate Planning for Young Clients

Estate Planning in a Low Interest Rate Environment

Abstract: The Federal Reserve has moved aggressively to push down both short- and long-term interest rates with the intent of increasing liquidity and spurring economic activity. One of the collateral benefits of lower interest rates is to optimize certain estate planning techniques over others. This audio CD provides you a practical guide to using certain estate planning techniques, including GRATS, CLATs and installment sales, in a low interest rate environment. The audio CD also discusses making and refinancing loans to family members and the often overlooked benefits of using a Qualified Personal Residence Trust (QPERT) during a period of low rates. Topics include: How to capitalize on a low interest rate environment; Optimal estate planning techniques when rates are low falling; GRATS, CLATS, and installment sales; Making and refinancing loans to family members and The overlooked benefits of Qualified Personal Residence Trusts in a low interest rate environment.

Estate Planning in Prenuptial Agreements

Abstract: The prevalence of one or multiple divorces and mixed families has increased acceptance of the use of prenuptial agreements in estate planning. This audio CD reviews the federal estate and gift tax implications of prenuptial agreements and analyze the techniques estate planners should incorporate into those agreements.

Estate Planning Update - Part 1

Abstract: This annual audio CD is an update on significant developments affecting your estate and trust planning, administration and controversy practice. The audio CD will include federal legislative developments, case law and decisions from the IRS. The audio CD covers: developements involving FLPs and LLCs, penalties on tax return preparers, status of estate tax legislation, use of defined value formulas (Christiansen) and charitable developments.

Estate Planning Update - Part 2

Abstract: This annual audio CD is an update on significant developments affecting your estate and trust planning, administration and controversy practice. The audio CD will include federal legislative developments, case law and decisions from the IRS. The audio CD covers: planning in a low-interest rate environment, built-in capital gains tax impact on estate value of closely held corporation, use of defined formulas, proposed IRC § 67(e) regulations & inclusion of income in estate and valuation developments, including fractional interests in tangible personal property and whether 7520 tables must be used in valuing annuities.

Estate Planning with S Corps

Abstract: Many closely held businesses are S Corporations, reflecting the historic preference of entrepreneurs for the tax advantages of S Corps. However, those benefits come with many restrictions on ownership and capital structure, all of which pose substantial challenges for estate planners and fiduciaries planning with or managing S Corp stock. This audio CD provides you a guide to estate planning for S Corp stock, including the lifetime transfer of S Corp stock to trusts, custodial and trust techniques for managing S Corp shares, and post-mortem considerations once a S Corp shareholder dies. The audio CD discusses S Corps and their interrelationship with the martial deduction and planning for the benefit of children. Topics include: Lifetime transfers of S Corp stock to trusts; Custodial and trust techniques for managing S Corp shares; Qualified Subchapter S Trusts & martial deduction trusts qualifying as QSSTs; The "Electing Small Business Trust" (ESBT) and Post-mortem considerations on the death of S Corp shareholder.

Estate Tax Audits & Procedure

Abstract: Dealing with the IRS and revenue departments can be disconcerting. Advice will be given to increase confidence levels.

Ethical Issues for Estate Planners (2007)

Abstract: Ethical issues for attorneys are particularly acute in estate planning because it involves the benefactor's final wishes and the often competing claims of family members -- all of which may arise at a difficult time in the life of the family. This audio CD examines common ethical dilemmas for estate planners. Among other areas, the audio CD covers legal fee disputes, representing multiple family members, and sharing information with other professional service providers.

Family Law: Estate and Tax Guide to Divorce

Abstract: The process of obtaining a divorce and negotiating the division of property and debts gives rise to substantial tax and estate planning issues. Many questions vex practitioners advising clients on the practical financial and estate planning aspects of dissolving their marriages. What is the tax effect of assigning joint property to one party versus the other? Are there any tax implications of debt? How are tax-favored retirement plans, such as IRAs and 401(k) accounts, treated when divided among former spouses? Can they be divided without penalty? How does all of this affect pre-existing estate plans, particularly funding of educational expenses for children and the later division of property? These and many other questions will be answered in this practical guide to the tax and estate planning implications of divorce. Topics include: Income tax implications on division of property and debts on divorce; Consequences of dividing shared retirement assets, including IRAs, 401(k)s, and other retirement benefits; Use trusts to protect assets from claims of spouses; Estate planning techniques to protect interests of other family members and Post-marital agreements.

Family Limited Partnership Update - Part 1

Abstract: Family Limited Partnerships continue to be the most popular vehicle for passing family businesses and property from a family's senior generation to junior generations. They have the potential for substantial tax savings and flexibility in achieving non-tax goals. This audio CD provides a detailed examination of recent case law, the response of the IRS to case law developments, planning opportunities for selling or otherwise transferring interests, and defenses to IRS attacks. This two-part audio CD provides a detailed review of both decisional law developments and emerging planning techniques for planning with and defending FLPs. Part 1 topics include: Case law update and reaction of IRS; How to avoid using Section 2036 using spousal interplay and Opportunities and advantages for selling or transferring interests.

Fiduciary Income Taxation: The Basics

Abstract: The use of trusts and the creation of other fiduciary relationships plunges legal counsel into the complicated world of fiduciary income taxation. This audio CD is an intermediate-level guide to the intricacies of the fiduciary income taxation of trusts and estates.

Fiduciary Litigation Update (2007)

Abstract: This audio CD provides estate and trust planners and litigators an update on recent developments in fiduciary litigation. Among other topics covered are the prudent investor rule, trustee liability, fiduciary removal, and the duty to disclose.

Financial Crisis Audio CD Series: Getting Under the TARP (Troubled Asset Relief Program): Selling Toxic Assets to the Gov & Gov Purchases of Stock

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part series will provide you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation.vernment and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt ; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much moret on interest on reserves; Much more.

Financial Crisis Audio Cd Series: Housing Market: Fannie, Freddie and Foreclosure Abatement

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provide you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 4 topics include: New underwriting standards for conforming loans; What Fannie and Freddie will buy from banks and will not; Foreclosure mitigation efforts under the bailout legislation; New residential loan servicing standards; New housing goals: The New Fannie and Freddie.

Financial Crisis Audio CD Series: Impact of the Credit Crisis on Banking Regulations: New Rules of the Road

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much more.

Financial Crisis Audio CD Series: Understanding the Bailout: An Overview of Sprawling Changes to Banking, Accounting and Real Estate

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 1 topics include: Background of crisis: Collapse of the housing market, growth of collateralized debt obligations, and rising defaults; Congressional Action: Detailed review of Emergency Economic Stabilization Act of 2008; Federal Reserve Activity: interest rates, new lending facilities, commercial paper intervention, loans to industry; SEC Activity: rules changes and enforcement activity; Recapitalization of banks across the nation.

Financial Crisis FOUR Audio CD Series Package - The Bailout, TARP, Banking Regulations and the Housing Market

Fundamentals of Gift Taxation

Abstract: Tax-efficient gifting techniques are a very important element of a client's overall estate and trust plan. The federal gift tax regime has logic all its own with special issues arising for spouses, gifts to minors and to trusts, and gifting of certain types of future interests. As with the estate tax, the valuation of certain gifts is actively contested by the IRS. There are also regular reporting requirements under the gift tax regime. This audio CD provides you an introduction to the fundamentals of the federal gift tax, and discuss practical gift tax planning techniques and how to integrate them into larger estate plans. Topics include: Tax-efficient gifting techniques; Special issues for gifts to minors; Exclusions for tuition and medical expenses; Valuation issues; Gifts of future interests and "gift trusts" and Returns and other reporting issues.

Generation Skipping Transfer Tax (GSTT) Planning

Abstract: The Generation Skipping Transfer Tax regime imposes a tax on the transfer of property at each generational level. The tax regime is one of the most complex that estate planners grapple with and involves a bewildering array of terms and points of potential taxation. It is a complicating factor for most trust and estate planning. This audio CD provides you with a practical guide to the GST regime, it's essential terminology and framework. Among other topics, the audio CD discusses generational assignment, taxable terminations and distributions, and exemption planning. The audio CD also discusses the application of the tax to dynasty trusts. Topics include: Framework of the Generation Skipping Transfer Tax - essential terminology and triggering taxable events; Generation assignment; Taxable transfers; GST exemption planning and Application to Dynasty Trusts.

Health Care Issues in Estate Planning

Abstract: There is a natural tension in health care and estate planning between those who direct health care decisions and trustees who control financial decisions. Health care agents often do not have the power to pay for the care of beneficiaries and trustees, who do have the authority to make payments, often do not have the competence to make health care decisions. Also, many trust documents are written with health care triggers that do not reflect current realities of health care and decision making. This audio CD examines the intersection between health care decision making and trust planning, and provide a practical guide for trust planners in drafting their trust documents. Topics include: Tension between health care agents and trustees: Areas of competence, conflict, and necessary cooperation; Trustees making health care decisions and practical alternatives; Problems with traditional health care triggers in trust documents and Power to remove trustees: Integrated health care and fiduciary considerations.

Health Care Issues in Estate Planning: Proxies, Organ Donors, Living Wills, and Directives

Abstract: The population of the elderly is growing rapidly. Medical science and nutrition have contributed to substantially longer life spans. Because of these developments, estate planners have an increasing number of aged clients. This brings into renewed focus the host of health care issues that estate and trust planners must be cognizant of as they advise their clients not only about the transfers of property but also about their essential physical care in the later stages of life. This audio CD provides estate planners with a practical guide to health care issues as they advise their clients on estate and trust plans. Topics include: Health directives; HIPPA and access to patient information; Organ donations; Health care powers of attorney and proxies; Use of revocable trusts.

Hot Topics in Estates for Paralegals

Abstract: Tax and Economic Considerations for Legal Entities (Tax and economic considerations for estates when dealing with: Corps, LLC's and Partnerships) ... 706 Preparation (Probate estate v. taxable estate; Proper asset identification deductions on the 706; Swing expenses - estate income vs. estate tax deduction; Marital and charitable deductions; Application of the unified credit and state death tax deduction; Gifts during life; Post-mortem estate tax planning; Effects of disclaimers; Strange schedules) ... IRA and Retirement Accounts (Retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs and other tricky beneficiary designation issues) ... Same-Sex Estate Issues in NC ... The Never-ending Obligation of Confidentiality (Communications, including electronic correspondence; Medical Records; Metadata and the other mysteries of the Internet; Trust Accounts; Digital Age Devices - personal digital handhelds, laptops and the growing power of cell phones) ... *Click below on "view TOC" to search the Table of Contents*

How to Build and Manage an Estates Practice

Abstract: Written by a veteran estates lawyer, How to Build an Manage an Estates Practice contains time-saving tips, practical advice, and easy solutions to assist you. Designed specifically for the estates lawyer, this manual pinpoints the steps you must take to enhance your practice, and covers all the details of everyday situations you may face. You'll gain valuable insights and learn how to avoid common mistakes that the novice and veteran estates lawyer may confront. Whether you work in a small or large firm, a solo or home office, you'll benefit from the many practical tips and strategies that will help you at every stage of your practice's growth. Covering situations that range from defining your niche in estates law to marketing your practice on the Internet, this handbook covers nearly every situation you might encounter when setting up and or simply maintaining your estates practice. Published by American Bar Association. (6x9 Paperback - 207 pages.)

How to Read Financial Statements

Abstract: The passage of the Sarbanes-Oxley Act has created a new reporting environment for attorneys and analysts. GAAP accounting continues to present an ever-moving target. Transparency and disclosure are the new rallying cries, and yet financial statements can be impenetrable to the untrained eye. This audio CD provides an introduction to the reading of financial statements and disclosures, with special attention paid to recent changes in financial reporting.

Incentive Trusts: Encouraging Good Behavior in Beneficiaries

Abstract: Parents and grandparents grasp for every tool to encourage good character and productive lives in their children and grandchildren. Increasingly, they are adapting family trusts to provide material incentives for beneficiaries to obtain certain educational or other developmental goals of the benefactor. Incentive trusts blend traditional trust planning with very delicate issues of intra-family relations and personal behavior. This audio CD provides a practical guide to advising clients on forming an incentive trust, and structuring it to achieve the benefactor's goals and to provide effective administration by the trustee. Topics include: Advantages and disadvantages of incentive trusts; Relationship to larger estate plans and family businesses; Best practices in fiduciary administration of incentive trusts; Setting objective, measurable standards for beneficiaries and Legal limitations and practical pitfalls of incentive trusts.ractical pitfalls of incentive trusts.

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

NC Legislative Update: A Review of Recent Changes to NC Trust and Estate Law

Abstract: This audio CD discusses recent changes to North Carolina's trust and estate law including amendments to the Uniform Trust Code, the trustee compensation statutes, the Uniform Principal and Income Act, the Testamentary Additions to Trust Act and the Simultaneous Death Act. Also included is a discussion of North Carolina's decision to repeal the common law rule against perpetuities as it applies to trusts. The audio CD not only explains the amendments to the law but will provide practical pointers and drafting implications arising from the amendments.

NCBA 2009 Annual Review

Abstract: n/a

NCBA 2009 Annual Review

Abstract: n/a

No Bones About It: Animal Law in North Carolina

Abstract: Introduction, History and Evolution of Animal Law (Gain insight into the parallels between prior civil rights movements and the current animal law evolution; see where animals reside in our current system; and learn about the cruelty laws that already exist to protect animals: Prior Civil Rights Movements analyzed in light of the current animal law trends, Animals as property, Emotional damages for your companion animal?, Criminal Cruelty) ... Civil Remedies for the Protection and Humane Treatment of Animals (When the criminal laws aren't enough learn what civil remedies exist to ensure protection of animals and how to use them. Also discover regulations regarding the mandatory hold periods on stray animals in the local shelters: General Statute 19A (1-4) Protection of Animals, Shelter dealings, Holding animals, When animals can legally be euthanized, Adoption options) ... Laws Involving Dangerous Dogs and Public Health/Rabies (A discussion of State and local laws regarding rabies and dangerous dogs, with a particular emphasis on the role of state and local governments in enforcing those laws: Overview of North Carolina law, Discussion of variations of county ordinances, Hot topics for local governments in administration and enforcement) ... *Click below on "view TOC" to search the Table of Contents*

North Carolina Estate Administration Manual, Supplemented Sixth Edition (2006/2008)

Abstract: Introducing the 2008 Supplement to the procedural guide that has proven to be helpful to lawyers and paralegals, thereby improving the quality of probate practice in NC through the use of systematic and uniform procedures. The Supplemented Sixth Edition includes the same great resource as it was introduced in 2006 with complete updates through December 2008 inserted into the original text. The supplemented edition updates forms, chapter content and appendices. (*Click below on "view TOC" to search the Table of Contents*)

North Carolina Estate Administration Manual, Supplement to the Sixth Edition (2008)

Abstract: Introducing the 2008 Supplement to the procedural guide that has proven to be helpful to lawyers and paralegals, thereby improving the quality of probate practice in NC through the use of systematic and uniform procedures. The Supplement comes with detailed instructions, making it easy to update your existing copy of the the Estate Administration Manual, Sixth Edition (2006). The supplement updates forms, chapter content, and appendicies. (*Click below on "view TOC" to search the Table of Contents*)

Prudent Trustees: Duties and Liability

Abstract: Appointment as a trustee can bring with it enormous power to control substantial assets - but also bears substantial risk of litigation and liability. The tensions between trustees, who are charged with preserving and growing assets, and beneficiaries, who often want greater distributions now and actively question the judgments of trustees, is the well chronicled. Led by two trust attorneys with decades of experience, this audio CD provides a detailed framework of the responsibilities of - and potential sources of liability for - trustees, with an emphasis on how to counsel trustees in the discharge of their many and important duties. Topics include: Framework of trustee duties; Investment duties, risks, and role of the Prudent Investor Rule; Duties of disclosure; Sources of friction with beneficiaries and common sources of liability and Appointment of trustees: professional/institutional v. family members.

Quarterly Estate and Gift Planning Update (First Quarter 2007)

Abstract: This first quarter 2007 update is intended to keep the estate planner abreast of major legislative, regulatory and case law developments in estate, gift legislative, regulatory and case law developments in estate, gift and trust plannings of and citations to major developments, gathering into one throughout the year. The audio CD provides summaries of and citations to major developments, gathering into one place all major developments occurring since the last update.

Quarterly Estate and Gift Planning Update (Second Quarter 2007)

Abstract: Our second quarter 2007 estate planning update will provide a wide-ranging review and discussion of new case law and administrative decisions affecting estate, gift and trust planning and administration, and charitable giving. Focusing on the real world impact of these changes, the speakers will highlight the developments and their significance in changing current law or practices. The audio CD includes under-the-radar administrative decisions affecting income taxation and practice before the IRS. In one place and in one hour, this quarterly update will provides a review of major developments affecting your practice. Topics include: New case law and IRS decisions; Estate and gift tax; Income tax developments; Charitable giving and Procedural and administrative developments.

Quarterly Estate and Gift Planning Update (Third Quarter 2007)

Abstract: This third quarter 2007 estate, gift and trust planning update will provide you a detailed review of major developments important to your estate and trust practice. Among other developments, the audio CD reviews new regulations or proposed regulations related to Family Limited Partnerships, the deductibility of trust expenses and the Generation Skipping Transfer Tax. The audio CD also reviews proposed regulations related to the deduction of claims against an estate in arriving at the estate's taxable value. In addition, this audio CD also provides a review of major case law developments. Topics include: Family Limited Partnerships and §§2036, 2039 regulations; Developments related to the deductibility of trust expenses; New Generation Skipping Transfer Tax proposed regulations; Proposed §2053 regulations and deductions for claims against an estate and Recent IRS Notices of Interest, 2007-72 and 2007-73.

Quarterly Estate Planning Update (Fourth Quarter 2007)

Abstract: In this Fourth Quarter 2007 update, a panel provides a review of the most recent legal and practice developments affecting your estate and trust planning and administration practice. The audio CD highlights late-breaking decisions out of the courts and rulings of the IRS. Topics include end-of-year charitable giving, the status of congressional proposals involving the death tax, Family Limited Partnerships, and trends in valuation. Don't miss this opportunity for wide-ranging discussion of developments affecting your estate and trust planning and administration practice. Topics include: Case law update and legislative developments; Recent IRS rulings; Trends in valuation; Family Limited Partnerships and Charitable giving developments.

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

Separation of Powers Under the Federal and North Carolina Constitutions (Constitutional Rights and Responsibility Law Section Annual Meeting)

Abstract: Overview of Separation of Powers Philosophy Under the Federal and North Carolina Constitutions ... North Carolina Separation of Powers: Where We've Been and Where We're Headed ... The Practical Aspects of Separation of Powers in North Carolina ... Separation of Powers during the "War on Terror" ... Presidential Signing Statements (habeas corpus, separation of powers doctrine) ... *Click below on "view TOC" to search the Table of Contents*

Settlors, Beneficiaries & Trustees: Conflict Management in Trusts

Abstract: There is inherent tension in virtually every trust. Settlors want to retain control but trustees are required to have independence. Beneficiaries want greater distributions but trustees often are directed to preserve and grow trust assets. Unless actively managed, these competing interests can erupt into open dispute and potentially litigation, which can defeat the purposes of the trust. This audio CD discusses practical techniques for identifying and resolving potential disputes before they become active litigation. Among other topics, the audio CD discusses planning and drafting techniques to avoid trust conflicts, the uses of formal and informal mediation once disputes arise, and special issues related to family businesses held in trust. Topics include: Planning techniques to avoid trust conflicts; Communication as an essential tool to identifying and resolving potential disputes; Use of formal and informal mediation to avoid litigation; Special issues related to family businesses held in trust.

Tax Planning for Educational Expenses

Abstract: There are many options available for planning for college expenses of children, grandchildren and others. There single "right" plan for everyone. Instead, there are many tradeoffs among the competing considerations of flexibility, control and tax benefits. One of the most common plans - the ubiquitous "Section 529 plan" in its various forms - is not for everyone. In many instances, 529 plans provide no real benefits to the benefactor. This audio CD reviews in detail the many options available to parents, grandparents and others wishing to plan for the college expenses of children, grandchildren and others. Importantly, the audio CD also covers the interrelationship of these plans to the "Kiddie Tax" and how educational expense planning affects your clients' larger estate and gift plans. Topics include: Review of planning choices available for paying for college expenses; "Independent" versus "regular" Section 529 plans; Alternative trust planning options; Impact of the "Kiddie Tax" on college planning; How educational expense planning affects your clients' larger estate plans and Types of clients for whom Section 529 works - and those for whom they don't.

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Fundamentals of Fiduciary Income Taxation

Abstract: This will provide you a practical guide through the fundamentals of fiduciary income taxation in the context of trust and estate planning. The audio CD provides you a framework of the basic concepts of fiduciary income taxation and how they translate into practical reporting requirements. A panel also guides you through the important elections that estate planners need to make when filing a fiduciary income tax return. Finally, the audio CD provides a roadmap for avoiding the most common fiduciary income tax errors and traps for trusts and estates. Topics include: Fundamental principles of fiduciary income taxation; Reporting requirements; Principal and income allocation and accounting; Application to simple, complex, and grantor trusts; Important tax elections and Common planning traps.

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

The Marital Deduction: Planning, Funding & Distributing

Abstract: History of Marital Deduction & Marital Deduction Planning ... Planning & Drafting Marital Deduction Formula Bequests ... Income and Estate Tax Effects of the Pecuniary & Fractional Marital Deduction Formulas ... Funding the Marital Trust and Making Distribution ... Choosing a Proper Trustee (code section 2056, marital bequests, pecuniary marital bequests, fractional formula bequests, basic tax principals, estate taxation, family share, trust funding, distributions, will and trust, marital formula, trustee selection, family dynamics) ... *Click below on "view TOC" to search the Table of Contents*

The Marital Deduction: Planning, Funding and Distributing

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... History of Marital Deduction and Marital Deduction Planning (Code Section 2056) ... Planning and Drafting Marital Deduction Formula Bequests (Types of marital bequests and pecuniary marital bequests, typical situations; appropriate use of this approach; Analysis of fractional formula bequests) ... Choosing a Proper Trustee (After a marital formula has been wisely selected and the trust has been cleverly designed, choose the correct trustee: entails sensitivity to family dynamics and an understanding of the law) ... Income and Estate Tax Effects of the Pecuniary and Fractional Marital Deduction Formulas (Application of basic tax principles applicable to the pecuniary and fractional marital bequest formulas and how the choice of the marital formula will ultimately affect both estate taxation and the amount ultimately passing to either the marital or family share of the estate) ... Funding the Marital Trust and Making Distribution ... Panel Discussion: Where are we Headed in Transfer Tax Planning (Transition from one administration to another with budget deficits spiraling; what changes can we expect from the Democratic-controlled Congress, the Obama administration and the NC General Assembly)

The Prudent Investor Rule: Understanding the Rulesof Trust Investments

Abstract: Modern Portfolio Theory generally holds that risk can be reduced and returns protected through diversification across asset classes. The many practical investment implications of MPT inform the Prudent Investor Rule, adopted by most states, and how fiduciaries are required to invest assets. Trustees cannot fulfill their fiduciary obligations under the Prudent Investor Rule unless they understand MPT. This audio CD is designed to be a practical guide to understanding how MPT relates to the Prudent Investor Rule, including avoiding fiduciary liability by establishing processes for evaluating investment decisions, making investment decisions in a highly volatile market, the risks of concentrated positions in family businesses, and choosing the appropriate level of risk for trust investments. Topics include: Understanding Modern Portfolio Theory and how it relates to the Prudent Investor Rule; Rule of trustee conduct versus investment results; Choosing the appropriate risk level for trust investments; Concentrated positions in family businesses; Special considerations in a volatile market and Establishing processes to reduce the risk of fiduciary liability.

Toolbox for the General Practitioner: From A to GP (GP, Small Firm & Solo Section Annual Meeting)

Abstract: Local Government Regulations and Land Use (Zoning, subdivision, storm water, steep slope, etc., that affect the usefulness of the property being acquired by a client.) ... Essential Technology for the Small Law Office (Strategic planning; the systems you need to deliver ethical, cost-effective and professional legal services. Legal-specific applications, including technologies related to calendars, dockets, tickler systems, conflict screening, handling client files and communicating with clients. Get a budget-minded roadmap for all the technologies you'll need to succeed in the practice of law - whether you're "suddenly solo" or just in need of a techno-overhaul.) ... Introduction to Administrative Law (Clients applying for professional license? Representing a client before a disciplinary committee of a professional licensing board? Practical pointers and the main rules) ... Will and Estate Planning (Drafting tips) ... Avoiding Common Ethical Pitfalls - Advice for General Practitioners (Trust accounts, client communication, fee agreements and staff supervision) ... Real Property: Mechanics Liens (An in depth look at the expanding problem with mechanics liens and the effect on real estate closings. Don't be ambushed, be prepared and protect your client.)

Transfer Taxation, Estate Audits & Estate Administration

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... Overview of the Transfer Tax System (Federal and NC estate, gift and generation-skipping transfer taxes) ... Giving it Away (Intermediate techniques for reducing taxable estate with lifetime gifts) ... Charitable Giving Techniques (Drafting and funding of private foundations and other charitable trusts) ... Fiduciary Income Taxation of Estates and Trusts Made Easy ... Estate Tax Audits and Procedure (Dealing with the IRS and revenue departments) ... Intermediate Estate and Trust Administration Issues (Real property, multi-state, Uniform Trust Code and other issues encountered in administering estates and trusts) ... View from the AOC (Update from the Administrative Office of the Courts: what might be in store "down at the Clerk's office," and timely "do's and don'ts" to observe while shepherding an estate through administration) ... Retirement Plans and Beneficiary Designation (How to deal with retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs, and other tricky beneficiary designation issues)

Transfer Taxation, Estate Audits & Estate Administration

Abstract: Overview of the Transfer Tax System (Federal and NC estate, gift and generation-skipping transfer taxes) ... Giving it Away (Techniques for reducing taxable estate with lifetime gifts) ... Charitable Giving Techniques (Drafting and funding of private foundations and other charitable trusts.) ... Fiduciary Income Taxation of Estates and Trusts Made Easy ... Estate Tax Audits & Procedure (Dealing with the IRS and revenue departments) ... Intermediate Estate & Trust Administration Issues (Overview of real property, multi-state, Uniform Trust Code and other issues encountered in administering estates and trusts) ... View from the AOC ... Retirement Plans and Beneficiary Designations (How to deal with retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs, and other tricky beneficiary designation issues) ... *Click below on "view TOC" to search the Table of Contents*

Trust Investments: A Guide to Standards and Potential Liability

Abstract: One of the most important duty of a trustee and probably the one with the most potential for dispute and litigation is the power to invest assets of the trust. Governed by the trust's instruments and state law, a trustee's investment duties are complex and can be fraught with doubt. Should a trustee favor capital preservation or income? Should the trustee follow a conservative approach of wide diversification or seek higher returns affording the trust greater resources to make distributions to beneficiaries? What happens if the trustee, being an ordinary investor, makes the wrong investment decisions? This audio CD, featuring three trust experts with decades of experience, provides estate and trust planners with a real-world guide to the rules governing trust investments, real-world techniques for managing investments, and best practices in administering trust investments. Topics include: Overview of the Uniform Trust Code and the Prudent Investor Rule; Tension between principal and income approaches; The dynamic between reasonable returns and diversification; Working with investment professionals and professional trustees and Best practices for administering trust investments.

Trustees & Beneficiaries: Managing Tensions and Conflict

Abstract: There is a natural tension between trustees and beneficiaries which is exacerbated in a distressed economic environment. Tensions easily arise when investment decisions go awry, discretionary distributions are not made, or when a trust's income beneficiaries are disadvantaged in favor of principal beneficiaries. These and many other natural tensions make trusts difficult to administer and fertile sources of dispute and fiduciary litigation. Led by practitioners with extensive experience representing trustees and beneficiaries, this audio CD provides you a practical guide to the common sources of beneficiary v. trustee tension, planning and administration to minimize those tensions, and utilizing techniques short of litigation to resolve the disputes once they arise. Topics include: Identifying flashpoints between trustees and beneficiaries; Investment decision conflicts in a distressed market; Tension between income and principal beneficiaries; Planning and administration to minimize tensions and Techniques for resolving disputes short of formal litigation.

Uses of Life Insurance in Business Planning

Abstract: It is commonplace for many businesses to purchase "key man" insurance on the lives of employees who are vital to the success of the entity. This audio CD examines the several uses of insurance in business planning, the types of policies best used for different purposes, a\d the integration of those policies into entity's governing documents.

Valuation for Estate Planners

Abstract: Valuation issues lie at the heart of many estate plans and disputes. The methodology used to value an operating business or other property can have a material impact on the tax efficiency of an estate plan. Also, the methodology, its reasoning and underlying justification may give rise to an audit by the IRS. This audio CD provides you with a practical guide to recent case law and other valuation developments affecting your estate planning practice. Among other topics, the audio CD focuses on FLP and LLC valuation decision in the courts and from the IRS, practical tips on defending valuations and avoiding audits. The audio CD also reviews valuation of real estate in a down market. Topics include: Case law developments affecting valuation; IRS audit trends regarding FLPs and LLCs; Valuing fractional interests in real estate in a down market; Using reports to support valuation opinions, including multiple valuation methodologies and Practical tips on avoiding an audit - or successfully pre-planning for audit defense.

Wealth Preservation Planning - Part 1

Abstract: Wealth preservation planning seeks to shield client assets from bankruptcy, the claims of creditors and others, and loss in litigation. It has become mainstream and uses a host of practical asset protection and estate planning techniques to achieve its objectives. This audio CD provides you with a guide to integrating those techniques in a comprehensive estate plan. Among other topics, the audio CD discusses the use of foreign and domestic trusts, the use of foreign and domestic insurance products, and exemption planning. The audio CD also discusses the risk of wealth preservation planning becoming the fraudulent transfer of assets and how to avoid that liability. Part 1: Overview of integration asset protection into estate planning; Asset protection planning and avoiding of fraudulent transfers; Forms of ownership as a protection tool - joint tenancy, tenancy in common and Use of exemptions to protect assets.

Wealth Preservation Planning - Part 2

Abstract: Wealth preservation planning seeks to shield client assets from bankruptcy, the claims of creditors and others, and loss in litigation. It has become mainstream and uses a host of practical asset protection and estate planning techniques to achieve its objectives. This audio CD provides you with a guide to integrating those techniques in a comprehensive estate plan. Among other topics, the audio CD discusses the use of foreign and domestic trusts, the use of foreign and domestic insurance products, and exemption planning. The audio CD also discusses the risk of wealth preservation planning becoming the fraudulent transfer of assets and how to avoid that liability. Day 2: Gifting strategies; Use of foreign and domestic trusts; Domestic and foreign insurance techniques; Expatriation of assets and Protection of retirement benefits.

Working with an Economics Expert

Abstract: What should an attorney know in order to work effectively with an economics expert? This audio CD answers this question and addresses a number of research-related issues in forensic economics. Topics will range from the conceptual, such as the role of incremental costs in damages calculations, to the practical, such as the appropriate data to use to project growth rates and calculate present values. The audio CD also discusses data sources and documents often used by experts.

Your Largest Asset: An Estate Planning Guide to Your Personal Residence

Abstract: With home prices rising steeply in the last several years, the most valuable asset of many individuals is their personal residence. A home that may have been purchased several decades ago by an individual of modest income may now be worth a small fortune and potentially subject the owner to estate or gift taxes. Qualified Personal Residence Trusts (QPRTs) and other estate planning techniques can be used to either reduce or eliminate the application of estate tax to the transfer of personal residences to beneficiaries, which in many instances will entirely eliminate federal estate tax for the donor. This audio CD examines the estate planning techniques, tax traps and practical consequences of transferring a donor's personal residence to his or her beneficiaries with these estate planning techniques. Topics include; Benefits and limitations of using Qualified Personal Residence Trusts (QPRTs) for transferring personal residences and vacation homes; Estate tax and gift tax consequences of QPRTs; Traps in determining the donor's reserved interest in the property and the necessity of maintaining formality; Non-QPRT transfer techniques and Non-tax considerations of surrendering the donor's residence to beneficiaries.

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