Multijurisdictional Practice Issues in Estate Planning: Key Considerations for Trust and Estate Counsel

Estate planners face complex challenges when a client resides in one state but benefits from the advantages afforded by another. Estate planners must implement effective planning techniques that take advantage of the best solution for their client, not just the most convenient.

Multijurisdictional estate issues are compounded when a client has more than one personal residence. Fortunately, conscious and careful planning enhances the client’s conflict of law position while inattention to this detail often paints the client into an undesired corner.

There are several key points that counsel must address in designing estate plans for clients with multijurisdictional interests. In addition to the critical task of establishing key facts and favorable arguments for conflicts of law issues, estate planners must also consider strategies to minimize state taxes, achieve transfer tax planning outcomes, and harvest benefits afforded by foreign states. The presenter provides suggestions on how to retain representation and control of a client’s plan even when states outside of your license are used.

Listen as Mr. Aaron Hegji of Wealthgate Trust provides a thorough and practical guide to meeting the challenges of estate planning for clients with assets in multiple jurisdictions.

1. Ethical requirements and limitations to considering and offering multijurisdictional options
2. Legal considerations to successful multijurisdictional practice
3. Navigating conflict of law issues
4. Case studies and practical implementation
5. Rules of thumb for successful implementation

Our expert panelist will discuss these and other critical issues:

• Ethical, legal, and practical implications, obstacles, and solutions to multi-jurisdictional estate planning
• Real world case studies illustrating implementation of multi-jurisdictional considerations
• Navigating conflict of law issues in multijurisdictional estates

Learning Objectives

After completing this course, you will be able to:

• Identify estate planning issues for your clients regardless of their state of residency and how to improve upon them
• Recognize proven solutions to obtaining benefits in another state and how to maintain control over implementation
• Identify limits to multi-jurisdictional practice and how to avoid overly-aggressive planning

• Field of Study: Taxes
• Level of Knowledge: Intermediate
• Advance Preparation: None
• Teaching Method: Seminar/Lecture
• Delivery Method: Group-Internet (via computer)
• Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
• Prerequisite: Three years+ business or public firm experience at mid-level within the organization, structuring estate plans, drafting wills and trust documents and supervising other planners/accountants. Specific knowledge and understanding of wills and trust provisions; familiarity with the Uniform Probate Code; familiarity with Conflict-of-Laws issues in a probate setting.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.