62nd Annual Estate Planning Short Course (2019)

This popular annual program for Illinois estate planners offers more than 15 hours of advanced estate and trust planning education.

Agenda

Part I

Lorraine Cavataio, Sandberg Phoenix & von Gontard P.C., O’Fallon

Recent Developments in Federal Estate, Gift and Generation-Skipping Taxes
Learn about new law affecting this area in the last year.
Karen Van Meter, McDermott Will & Emery LLP, Chicago

Federal Income Taxation for Estate Planning & Administration
Understand recent developments in income tax matters and the impact on estate planning and administration.
Robert A. Romanoff, Levenfeld Pearlstein LLC, Chicago
Adam Garber, Levenfeld Pearlstein LLC, Chicago

Illinois Law: Case Decisions & Trends
Get up-to-date on new cases and Illinois legislation specifically applicable to estate planning, estate taxation, trusts, and more.
Ryan A. Walsh, Hamilton Thies & Lorch LLP, Chicago

FEATURED PRESENTATION: Just Passing Through: The 20 Percent Deduction for Qualified Business Income
With federal estate tax estimated to affect only 1-in-1,500 families under current law, income tax planning has taken on greater importance. Section 199A is a relatively new provision of the Internal Revenue Code that allows owners of pass-through entities to deduct up to 20 percent of their qualified business income (QBI) … but the statute and proposed regulations are fraught with peril. Are the potential benefits worth it? If so, will your client qualify? Can you benefit from this provision in your law practice? These and many other questions will be addressed … some definitively!
Thomas J. Pauloski, Bernstein Private Wealth Management, Chicago

Doing Diversity Right in the 21st Century
(1.0 Diversity & Inclusion Professional Responsibility Credit)
Organizations promoting diversity and inclusion need support if they are going to make progress. Such support includes critically examining 21st century diversity practices which end up perpetuating unfairness and maintaining the status quo—even when intended to do just the opposite. What are those actions and practices? How is it possible that, for instance, a woman or a person of color can be hurt by a company when a manager assigns them to a diversity committee? Learn about such unsuccessful practices, as well as how firms can rectify such practices in the name of fairness and social justice.
Dr. Joseph D. Minarik, PhD, MSW, MPP, University of Illinois, Urbana

Compassion Fatigue: Sustaining the Professional Self
(1.0 Mental Health & Substance Abuse Professional Responsibility Credit)
Lawyers, like others in the helping professions, are at risk for experiencing compassion fatigue. Lawyers who are regularly exposed to human-induced trauma, are called on to empathetically listen to clients’ stories, have high caseloads, and have a high capacity for empathy may be especially susceptible to experiencing compassion fatigue. Understand what compassion fatigue is, why lawyers are vulnerable to it, professional hazards that contribute to it, and how to become a more resilient attorney. Learn methods to enhance or deplete professionals from a systemic viewpoint as well as coping strategies to minimize compassion fatigue and increase your health and well being.
Chicago: Dr. Diana Uchiyama, JD, Psy.D., Illinois Lawyers’ Assistance Program, Chicago
Champaign: Tate Chambers, U.S. Department of Justice, Columbia, South Carolina

Part II

	Moderator: James M. Lestikow, Hinshaw & Culbertson LLP, Springfield	Moderator: Champaign: Jane Denes, Posegate & Denes,P.C., Springfield
	The New Illinois Uniform Power of Appointment Act The Illinois UPAA codifies the common law (and the prior gaps in the Illinois common law) on powers of appointment, as well as providing a number of default rules. Learn what has changed, what has not changed and what is now addressed by the new statute. Drafting tips under the Illinois UPAA will also be provided. Rebecca Wallenfelsz, Chapman and Cutler LLP, Chicago	The Perils and Pitfalls of Promissory Notes Learn how to handle issues presented by intra-family promissory notes, including gifts caused by below AFR interest (Section 7872), income tax consequences if interest is not paid at least annually under the original issue discount rules (Section 1272 and related Sections), and non-business bad debt deductions (Section 166(d)). Michael S. Strauss, Strauss Malk & Feder LLP, Northbrook

	The Exemption from the Generation-Skipping Transfer Tax (“GST Exemption”): The Basics and Beyond The current generation-skipping transfer tax has been a part of our system for over 30 years and yet it is still a topic that confounds many advisers. Each taxpayer may elect to allocate the GST exemption during life or at death or it may be automatically allocated if the taxpayer does not elect out of the complex automatic allocation rules. While most taxpayers are now exempted from GST tax (until the scheduled reversion in 2026), even the use of the increased GST exemption can be complicated. Learn about some basics and practical tips, as well as some common misconceptions, that advisers should know about in the allocation of GST exemption. Steven M. Bonneau, Northern Trust, Chicago	Family Business Succession Planning Understand best practices for planning for the transition of a business through sale or transfer to the next generation, including how to most effectively deal with family members in and out of the business. Learn more about buy-sell agreements, valuation issues, and estate tax planning as they affect succession planning. Beth K. Flowers, Mathis, Marifian & Richter, LTD., Belleville Patrick B. Mathis, Mathis, Marifian & Richter, LTD., Belleville Natalie M. Perry, Rathje Woodward LLC, Wheaton

	Drafting, Understanding and Enforcing Trustee Compensation Explore the scope of a trustee’s role and compensation, including the foundational legal standards governing trustee compensation. In particular, examine the boundaries in enforcing compensation standards, state law variations, tips for drafting, and unique legal and practical issues that may arise in the course of a trust’s administration. Erica E. Lord, Northern Trust, Chicago Stacy E. Singer, Northern Trust, Chicago	Effectively Employing the Tools Provided by a Decedent: Ever-Expanding No Contest Clauses and the Growing Use of Arbitration Clauses Learn why a greater frequency of estate plans are including mandatory arbitration provisions that require fiduciaries and beneficiaries to submit all disputes to arbitration, as well as how to best handle those provisions. Understand why no-contest clauses are more frequently being included and expanded to limit even further the beneficiaries’ ability to challenge estate planning documents. Ray J. Koenig III, Clark Hill PLC, Chicago

	Estate Planning with the Increased Federal Exemption (Formulas; Basis; and Use of Federal, State and GST Exemptions) and Building in Flexibility to Maximize Basis Step Up Learn more about how the Tax Cuts & Jobs Act will affect your estate planning practice. Topics discussed will include: estate planning with the increased federal exemption (and possible sunset); changes you should make to your planning and documents (formulas, basis, use of federal, state and GST exemptions); building in flexibility to maximize basis step up; using powers of appointment to cause inclusion; and gifting. David A. Handler, Kirkland & Ellis LLP, Chicago	That’s Not What Mom or Dad Wanted: The Changing Role of Settlor Intent in Estate Planning The trends toward longer-term trusts, trust modification and the rise in trust & estate litigation have recently caused state legislatures and courts to reexamine the role of settlor intent. Better understand this changing area of the law and the different viewpoints representing traditional, modern and fiduciary considerations and obtain practical drafting and administration suggestions to address and effectuate the trust creator’s goals. David C. Blickenstaff, Schiff Hardin LLP, Chicago Benetta Park Jenson, J.P. Morgan, Chicago Pamela Lucina, Northern Trust, Chicago

	New and Used Family Limited Partnerships--Where Are We At and What Should We Be Doing? Review key cases, analyze developments in the last 5 to 10 years, and understand (going forward) the creation, operation, and dissolution of family limited partnerships. Implied agreement cases, Strangi II control cases, bona fide sales exceptions under Bongard, and possible implications related to the Estate of Powell will be covered. Stephen A. Frost, Huck Bouma P.C., Wheaton Jason S. Ornduff, Harrison & Held, LLP, Chicago	How Do I Give Thee? Let Me Count the Ways: Public Charities, Donor Advised Funds, Community Foundations, Private Foundations, 501(c)(4) Organizations, L3Cs, Benefit Corporations, B-Corps and Charitable LLCs Understand the countless strategies that advisors can recommend to their clients to effectuate charitable giving. In addition to the traditional entities like public charities and private foundations, a number of new charitable vehicles that have gained popularity over the last decade will be discussed. Jonathan W. Michael, Dykema Gossett PLLC, Chicago Kevin M. Noonan, Much Shelist, PC, Chicago

	The Good, the Bad, and the Ugly, but Mostly the Bad and Ugly: Difficult Trust & Estates Clients and How to Deal With Them (1.0 Professional Responsibility Credit) As estate planning practitioners, we deal with clients who are perfect, perfectly horrible, or somewhere in between. A lively panel will discuss how to deal with the difficult legal, ethical, and practical issues that face those of us who work in the field of death and taxes. Theodore E. Froum, Froum Law Group, LLC, Evanston and Chicago, Panel Moderator Ben A. Neiburger, Generation Law Ltd., Elmhurst Fredrick B. Weber, Northern Trust, Chicago Lauren J. Wolven, LevenfeldPearlstein LLC, Chicago	Alexa: Prepare My Will! Understanding a Potpourri of Technological Frontiers Affecting the Estate Planning Practice: Unusual Assets (Cryptocurrency & Bitcoin), Electronic Wills and Other Advancements (1.0 Professional Responsibility Credit) Learn about the latest developments involving unusual assets such as cryptocurrency: how clients can own, titling issues, transfer issues for gifting and at death, and cybersecurity concerns. Understand electronic wills, including the work of the Uniform Law Commission Drafting Committee on Electronic Wills, as well as issues related to remote witnessing, remote notarization, and custody of electronic documents. Robert K. Kirkland, Kirkland Woods & Martinsen LLP, Liberty, MO Susan D. Snyder, Northern Trust, Chicago

Overview

Agenda

Part I

Lorraine Cavataio, Sandberg Phoenix & von Gontard P.C., O’Fallon

Recent Developments in Federal Estate, Gift and Generation-Skipping Taxes
Learn about new law affecting this area in the last year.
Karen Van Meter, McDermott Will & Emery LLP, Chicago

Part II

	Moderator: James M. Lestikow, Hinshaw & Culbertson LLP, Springfield	Moderator: Champaign: Jane Denes, Posegate & Denes,P.C., Springfield
	The New Illinois Uniform Power of Appointment Act The Illinois UPAA codifies the common law (and the prior gaps in the Illinois common law) on powers of appointment, as well as providing a number of default rules. Learn what has changed, what has not changed and what is now addressed by the new statute. Drafting tips under the Illinois UPAA will also be provided. Rebecca Wallenfelsz, Chapman and Cutler LLP, Chicago	The Perils and Pitfalls of Promissory Notes Learn how to handle issues presented by intra-family promissory notes, including gifts caused by below AFR interest (Section 7872), income tax consequences if interest is not paid at least annually under the original issue discount rules (Section 1272 and related Sections), and non-business bad debt deductions (Section 166(d)). Michael S. Strauss, Strauss Malk & Feder LLP, Northbrook

	The Exemption from the Generation-Skipping Transfer Tax (“GST Exemption”): The Basics and Beyond The current generation-skipping transfer tax has been a part of our system for over 30 years and yet it is still a topic that confounds many advisers. Each taxpayer may elect to allocate the GST exemption during life or at death or it may be automatically allocated if the taxpayer does not elect out of the complex automatic allocation rules. While most taxpayers are now exempted from GST tax (until the scheduled reversion in 2026), even the use of the increased GST exemption can be complicated. Learn about some basics and practical tips, as well as some common misconceptions, that advisers should know about in the allocation of GST exemption. Steven M. Bonneau, Northern Trust, Chicago	Family Business Succession Planning Understand best practices for planning for the transition of a business through sale or transfer to the next generation, including how to most effectively deal with family members in and out of the business. Learn more about buy-sell agreements, valuation issues, and estate tax planning as they affect succession planning. Beth K. Flowers, Mathis, Marifian & Richter, LTD., Belleville Patrick B. Mathis, Mathis, Marifian & Richter, LTD., Belleville Natalie M. Perry, Rathje Woodward LLC, Wheaton

	Drafting, Understanding and Enforcing Trustee Compensation Explore the scope of a trustee’s role and compensation, including the foundational legal standards governing trustee compensation. In particular, examine the boundaries in enforcing compensation standards, state law variations, tips for drafting, and unique legal and practical issues that may arise in the course of a trust’s administration. Erica E. Lord, Northern Trust, Chicago Stacy E. Singer, Northern Trust, Chicago	Effectively Employing the Tools Provided by a Decedent: Ever-Expanding No Contest Clauses and the Growing Use of Arbitration Clauses Learn why a greater frequency of estate plans are including mandatory arbitration provisions that require fiduciaries and beneficiaries to submit all disputes to arbitration, as well as how to best handle those provisions. Understand why no-contest clauses are more frequently being included and expanded to limit even further the beneficiaries’ ability to challenge estate planning documents. Ray J. Koenig III, Clark Hill PLC, Chicago

	Estate Planning with the Increased Federal Exemption (Formulas; Basis; and Use of Federal, State and GST Exemptions) and Building in Flexibility to Maximize Basis Step Up Learn more about how the Tax Cuts & Jobs Act will affect your estate planning practice. Topics discussed will include: estate planning with the increased federal exemption (and possible sunset); changes you should make to your planning and documents (formulas, basis, use of federal, state and GST exemptions); building in flexibility to maximize basis step up; using powers of appointment to cause inclusion; and gifting. David A. Handler, Kirkland & Ellis LLP, Chicago	That’s Not What Mom or Dad Wanted: The Changing Role of Settlor Intent in Estate Planning The trends toward longer-term trusts, trust modification and the rise in trust & estate litigation have recently caused state legislatures and courts to reexamine the role of settlor intent. Better understand this changing area of the law and the different viewpoints representing traditional, modern and fiduciary considerations and obtain practical drafting and administration suggestions to address and effectuate the trust creator’s goals. David C. Blickenstaff, Schiff Hardin LLP, Chicago Benetta Park Jenson, J.P. Morgan, Chicago Pamela Lucina, Northern Trust, Chicago

	New and Used Family Limited Partnerships--Where Are We At and What Should We Be Doing? Review key cases, analyze developments in the last 5 to 10 years, and understand (going forward) the creation, operation, and dissolution of family limited partnerships. Implied agreement cases, Strangi II control cases, bona fide sales exceptions under Bongard, and possible implications related to the Estate of Powell will be covered. Stephen A. Frost, Huck Bouma P.C., Wheaton Jason S. Ornduff, Harrison & Held, LLP, Chicago	How Do I Give Thee? Let Me Count the Ways: Public Charities, Donor Advised Funds, Community Foundations, Private Foundations, 501(c)(4) Organizations, L3Cs, Benefit Corporations, B-Corps and Charitable LLCs Understand the countless strategies that advisors can recommend to their clients to effectuate charitable giving. In addition to the traditional entities like public charities and private foundations, a number of new charitable vehicles that have gained popularity over the last decade will be discussed. Jonathan W. Michael, Dykema Gossett PLLC, Chicago Kevin M. Noonan, Much Shelist, PC, Chicago

	The Good, the Bad, and the Ugly, but Mostly the Bad and Ugly: Difficult Trust & Estates Clients and How to Deal With Them (1.0 Professional Responsibility Credit) As estate planning practitioners, we deal with clients who are perfect, perfectly horrible, or somewhere in between. A lively panel will discuss how to deal with the difficult legal, ethical, and practical issues that face those of us who work in the field of death and taxes. Theodore E. Froum, Froum Law Group, LLC, Evanston and Chicago, Panel Moderator Ben A. Neiburger, Generation Law Ltd., Elmhurst Fredrick B. Weber, Northern Trust, Chicago Lauren J. Wolven, LevenfeldPearlstein LLC, Chicago	Alexa: Prepare My Will! Understanding a Potpourri of Technological Frontiers Affecting the Estate Planning Practice: Unusual Assets (Cryptocurrency & Bitcoin), Electronic Wills and Other Advancements (1.0 Professional Responsibility Credit) Learn about the latest developments involving unusual assets such as cryptocurrency: how clients can own, titling issues, transfer issues for gifting and at death, and cybersecurity concerns. Understand electronic wills, including the work of the Uniform Law Commission Drafting Committee on Electronic Wills, as well as issues related to remote witnessing, remote notarization, and custody of electronic documents. Robert K. Kirkland, Kirkland Woods & Martinsen LLP, Liberty, MO Susan D. Snyder, Northern Trust, Chicago

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