Educational Sessions

Description:
Following your client's death, what are the chances that the Marital QTIP subtrust, the Bypass/Credit Shelter subtrust, and the Survivor's subtrust will be funded correctly? Answer: Probably less than 5%. And what are the chances that the trustee will distribute to your deceased client's surviving spouse the proper income, and to your client's children the proper principal due them? Answer: Probably less than 10%.

This presentation addresses some of the trustee accounting mistakes that occur which result in trust beneficiaries typically never receiving what your deceased client wanted. In first-marriage Ozzie & Harriet family situations, the trustee accounting mistakes likely impact only tax concerns. But in second marriage situations, where you deal with "blended families" and children from different marriages, trustee accounting mistakes can result in windfalls to some beneficiaries while shortchanging others. The result to the trustee: the specter of surcharge litigation. To the beneficiaries: not getting what they ought to receive. Subtopics covered include: subtrust funding blunders and principal and income accounting blunders.

Howard Sanger, JD, is a certified tax specialist with the State Bar of California Board of Legal Specialization. As an attorney, he practices in the areas of estate planning, tax law, tax litigation, buying and selling of businesses, probate, post-death trust administration, and partnership/LLC tax law. Mr. Sanger has spoken at numerous industry meetings and is an adjunct faculty member, Golden Gate University Graduate Tax Program. He is the author of "Dangers in Estate Planning: Recent Cases," San Fernando Valley Bar Assoc. Bulletin, May, 1982; "Good News (for a Change) for Professional Corporations," The Bottom Line, March 1982, and co-author of "Do Not Permit Deductible Employee Contributions Under Corporate Retirement Plans," Taxes: The Tax Magazine, May, 1982.

Description:
For those individuals who did not purchase long-term care insurance and suddenly find themselves in need of custodial nursing home care, they may have no other choice but to qualify for Medicaid benefits. The easiest way to qualify for Medicaid benefits is to utilize a single premium immediate annuity which is "DRA compliant." Attendees at this session will learn what crisis Medicaid planning is; how the Deficit Reduction Act of 2005 changed the way elder law attorneys develop crisis Medicaid plans; and how a DRA Compliant Annuity is used to qualify an individual for Medicaid benefits.

Dale M. Krause, J.D., LL.M., is the CEO of Krause Financial Services, a business that designs, develops, markets, and distributes DRA and VA compliant insurance products. He is a practicing attorney, a licensed insurance agent, and is registered to sell stocks, bonds, and mutual funds. Mr. Krause is a regular speaker and educator at continuing legal education forums throughout the United States. His work and experience have been recognized in major publications, including Senior Market Advisor, NAELA News, The Wall Street Journal, and Lawyers Weekly USA. In May 2008, Mr. Krause holds the designation of Long-Term Care Professional (LTCP) from the Center for Insurance Education and Professional Development and has been appointed to the Advisory Board for Senior Market Advisor, a national publication for financial professionals.

Description:
For those individuals who did not purchase long-term care insurance and suddenly find themselves in need of custodial nursing home care, they may have no other choice but to qualify for Medicaid benefits. The easiest way to qualify for Medicaid benefits is to utilize a single premium immediate annuity which is "DRA compliant." Attendees at this session will learn what crisis Medicaid planning is; how the Deficit Reduction Act of 2005 changed the way elder law attorneys develop crisis Medicaid plans; and how a DRA Compliant Annuity is used to qualify an individual for Medicaid benefits.

Dale M. Krause, J.D., LL.M., is the CEO of Krause Financial Services, a business that designs, develops, markets, and distributes DRA and VA compliant insurance products. He is a practicing attorney, a licensed insurance agent, and is registered to sell stocks, bonds, and mutual funds. Mr. Krause is a regular speaker and educator at continuing legal education forums throughout the United States. His work and experience have been recognized in major publications, including Senior Market Advisor, NAELA News, The Wall Street Journal, and Lawyers Weekly USA. In May 2008, Mr. Krause holds the designation of Long-Term Care Professional (LTCP) from the Center for Insurance Education and Professional Development and has been appointed to the Advisory Board for Senior Market Advisor, a national publication for financial professionals.

Description:
Where did Ozzie and Harriet go? They're still here but no longer represent the majority of American families. How does the rise of single-parent households, non-married couples, female professionals and multiple marriages, often involving children from each relationship, impact planning? Much of our legal and economic framework has not caught up with these changes and this presentation will highlight the current environment for these families and how planning can be tailored to meet their needs.

John A. Oliver, CLU, ChFC is vice president, field development, for Transamerica Life Insurance Company. John's primary responsibility is to identify, develop, and support marketing strategies, as well as support the company's regional vice president network in their sales efforts. A popular lecturer, Oliver has created and presented more than 300 continuing education seminars to life insurance agents, attorneys, and certified public accountants and has spoken at the Million Dollar Round Table and for the American Bar Association, Real Property, Probate and Trust Law Section. His articles on advanced planning with life insurance products have appeared in National Underwriter, Investment Advisor and the Journal of Financial Services Professionals.

Description:
Captive insurance companies, previously affordable only for major corporations, are now an alternative and effective way for small- and mid-sized businesses to counter the high cost of insurance for risks not entirely within their control. Potential advantages include tax savings, flexible control of risk management and claim activities, lower premiums, enhanced cash flows and profits, and other multi-generational planning benefits. Attendees at this session will come away with an understanding of what a captive insurance company is, how it operates, and how it can significantly enhance a business owner's competitive advantage. Advisors also will learn about the life insurance, trust, and succession planning opportunities created by captive insurance companies.

John R. Capasso, CPA, PFS, has provided extensive advice and guidance on complex business issues to public and privately-held businesses, professionals and high-net worth individuals for over 30 years. For the past 10 years, John has been heavily involved in Alternative Risk Solutions — i.e., establishing and managing captive insurance companies for small- to medium-sized businesses both domestically and internationally. Currently, he is Managing Director of Captive Planning Associates, LLC, a firm he founded to consult, form, and manage captive insurance companies. Mr. Capasso is also a Partner in Special Purpose Series LLC Captive and a reinsurance risk-pool company.

David Henderson, CPA, JD, LLM, a member with DUGGAN BERTSCH, LLC, is the lead member of the firm's tax compliance and tax controversy team. Mr. Henderson's expertise includes taxation, wealth planning, and business law. He is an adjunct professor of law at the John Marshall Law School where he teaches in the Masters of Laws program courses in both federal taxation and the business, financial, tax and legal aspects of life insurance. Mr. Henderson is a member of the American, Illinois State and Chicago Bar Associations, the American Association of Attorney-Certified Public Accountants, the American Institute of Certified Public Accountants and the Illinois Society of Certified Public Accountants.

Description:
Captive insurance companies, previously affordable only for major corporations, are now an alternative and effective way for small- and mid-sized businesses to counter the high cost of insurance for risks not entirely within their control. Potential advantages include tax savings, flexible control of risk management and claim activities, lower premiums, enhanced cash flows and profits, and other multi-generational planning benefits. Attendees at this session will come away with an understanding of what a captive insurance company is, how it operates, and how it can significantly enhance a business owner's competitive advantage. Advisors also will learn about the life insurance, trust, and succession planning opportunities created by captive insurance companies.

John R. Capasso, CPA, PFS, has provided extensive advice and guidance on complex business issues to public and privately-held businesses, professionals and high-net worth individuals for over 30 years. For the past 10 years, John has been heavily involved in Alternative Risk Solutions — i.e., establishing and managing captive insurance companies for small- to medium-sized businesses both domestically and internationally. Currently, he is Managing Director of Captive Planning Associates, LLC, a firm he founded to consult, form, and manage captive insurance companies. Mr. Capasso is also a Partner in Special Purpose Series LLC Captive and a reinsurance risk-pool company.

David Henderson, CPA, JD, LLM, a member with DUGGAN BERTSCH, LLC, is the lead member of the firm's tax compliance and tax controversy team. Mr. Henderson's expertise includes taxation, wealth planning, and business law. He is an adjunct professor of law at the John Marshall Law School where he teaches in the Masters of Laws program courses in both federal taxation and the business, financial, tax and legal aspects of life insurance. Mr. Henderson is a member of the American, Illinois State and Chicago Bar Associations, the American Association of Attorney-Certified Public Accountants, the American Institute of Certified Public Accountants and the Illinois Society of Certified Public Accountants.

Description:
What questions do you need to ask? What advisors do you need as a part of your advisor team? What roles will these advisors (including yourself) play in creating and executing the exit plan? What recommendations will you give to help your owner achieve his/her goals? Using case studies as a foundation for the presentation, John will guide advisors through the process of creating and executing an exit plan that will help owners exit on the date they choose, for a price that guarantees financial security, and that allows them to handpick a successor.

For over 30 years, John H. Brown, JD, has guided hundreds of business owners through the most important financial (and emotional) transaction of their lives: the exit from their companies. John began his legal career as an estate planner for owners of closely held companies. Challenged to create a customizable, repeatable and successful process that would convert businesses to cash, John constructed a Seven-Step Exit Planning Process™ that he first described in his seminal work How to Run Your Business So You Can Leave It In Style. The favorable response from both owners and their financial advisors launched John as a thought-leader and highly sought expert in exit and succession planning. To John and his clients, "in style" means exiting on the date they choose, for a price that guarantees financial security, and lets them handpick a successor.

Description:
Networking is necessary. How else will we meet the professionals who can refer to us their clients? But networking takes time; and it is the rare advisor who can generate a return on their investment in time so that they start to receive qualified referrals from their network.

What is the missing link; that step that distinguishes the fruitless networker from the productive producer? David Ackert will reveal that link. He'll provide an interactive demonstration of how most advisors use an inefficient, and non-strategic "shotgun" approach to their networking and client acquisition. He will introduce a process and set of techniques that will help advisors create a self-sustaining referral pipeline and generate more quality referrals from their contacts.

David Ackert is president of The Ackert Advisory. He has served in the corporate, education, and nonprofit sectors as an Executive Coach, Trainer, Marketer, and Strategic Planner. He has been a coach and advisor to over 200 CEOs, government executives, and VPs from both local and global entities like Disney and NBC. And he has developed and implemented business development programs for national legal, accounting, and financial service firms. David has published numerous articles and lectured on business development, effective communication, and time management techniques. He has been quoted in trade publications and business books.

Description:
The current estate tax exclusion of $5 million is in place until December 31, 2012, after which Congress will decide when, how, or if the law will change. This presents a challenging situation for financial advisors: What do you tell clients now? What do you tell them post-2012? In this session, Mr. Stanaland will address how the present law affects the estates of persons who died in 2010, what clients can do under the current law, and what flexibility is possible to prepare for what Congress might do in 2012. The presentation will focus on three principal areas: (1) the new estate tax law; (2) planning issues for 2011 and 2012; (3) using advanced trust concepts to stay relevant in a post estate tax environment. Specific topics will include Conduit IRA Trusts creditor protection issues for Trustees/Beneficiaries, Testamentary trust planning for Medicaid and other cutting edge trust designs.

Terence B. Stanaland, JD, ChFC, CPA, is of Counsel to the Greensboro, North Carolina, law firm, Teague Rotenstreich Stanaland Fox & Holt, P.L.L.C. He graduated from East Carolina University Magna Cum Laude, and earned a Juris Doctorate from the University of Florida School of Law. He earned his Chartered Financial Consultant designation in 1988. He is a member of the North Carolina Association of C.P.A.s and is a licensed CPA in Florida. In addition, he is a member of the Florida, North Carolina and Greensboro Bar Associations. A frequent lecturer and author on financial and tax topics, Mr. Stanaland has an active wills and estate law and administration practice and regularly consults with insurance companies and brokerage houses on technical tax matters involving financial products and services.