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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Estate Planning

Date & Time
  • event Date

    Tuesday, October 24, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide a guide to both planning opportunities and post-mortem adjustments through the proactive use of qualified disclaimers. The speaker will offer suggestions for structuring estate plans with a focus on joint accounts, beneficiary designations, disclaimer trusts, credit shelter trusts and Marital Trusts, as well as using qualified disclaimers to improve estate plans, including when qualified plan benefits are made payable to trusts.

Faculty

Leslie Levin
Special Counsel and Vice-Chair of the Trusts, Estates & Elder Law Group
Cuddy + Feder, LLP

Ms. Levin is Special Counsel to the firm and Vice-Chair of the Trusts, Estates & Elder Law group. She practices in estate planning, probate, estate administration, trust administration, gift and generation-skipping tax transfer planning, asset protection, charitable planning, special needs planning, guardianships, Medicaid planning and elder law. Leslie assists clients in reducing the tax impact on wealth, helps preserve family-owned businesses and offers her vast estate-planning experience in the area of non-U.S. persons. Ms. Levin has experience in transferring real estate, partnership interests and other assets. She also creates and dissolves not-for-profit organizations.

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Description

Understanding the opportunities afforded by disclaimer planning is significantly important under current tax law with the increase in estate/gift/GST tax exemption. Disclaimer-funded trusts offer important post-mortem tax flexibility but are advisers properly planning for the optimal result once that decision is made? The speaker will explore important differences between these two techniques.

Estate planners can maximize flexibility and, in many cases tax deferral, by properly using disclaimers as a component of spousal estate plans. Moreover, with an increased focus on basis, many planners miss the non-intuitive situations in which qualified disclaimers can impact capital gains issues on both estates.

Listen as the speaker reviews the important basics of qualified disclaimers, special rules for spouses, provides a comprehensive and practical guide to disclaimer trust planning, and explains post-mortem tax and asset protection planning.

Outline

  1. Review of IRC 2518 and regulation requirements regarding "qualified disclaimers"
  2. Estate tax key factors to consider when making a disclaimer
  3. Cost basis analysis when planning to disclaim
  4. Estate planning with a Disclaimer Trust or Credit Shelter Trust coupled with a Marital Trust
  5. Portability election as another tool

Benefits

The panelist will review these and other key issues:

  • Circumstances where a disclaimer might be an advantageous alternative and when they might be avoided
  • Coordinating disclaimers with trusts
  • Issues and opportunities with retirement accounts