LIQUIDITY PLANNING IN ESTATES AND TRUSTS

Similar documents
BUSINESS SUCCESSION PLANNING FOR ESTATE PLANNERS

TRUST AND ESTATE PLANNING WITH LIFE INSURANCE

Day 1 March 26, 2015:

SETTLEMENT AGREEMENTS IN ESTATE & PROBATE DISPUTES

PLANNING WITH LIFE INSURANCE TRUSTS First Run Broadcast: July 2, :00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T.

"CRUMMEY POWERS": DRAFTING & USING THESE ESSENTIAL ESTATE PLANNING POWERS

BUY-SELL AGREEMENTS, PART 1 & PART

WARRANTS, OPTIONS & OTHER INCENTIVES IN BUSINESS TRANSACTIONS

STRUCTURING FOR-PROFIT/NON-PROFIT JOINT VENTURES

PLANNING WITH GRATS First Run Broadcast: August 1, :00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T.

ESTATE PLANNING FOR GUARDIANSHIP AND CONSERVATORSHIPS

ESTATE & TRUST PLANNING WITH THE NEW 3.8% TAX ON NET INVESTMENT INCOME

DEFINED VALUE CLAUSES: DRAFTING & AVOIDING RED FLAGS

Day 1 August 23, 2018:

HOLDING BUSINESS INTERESTS IN TRUSTS First Run Broadcast: June 21, :00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T.

Day 1 October 21, 2015:

ESTATE PLANNING AND IRAS First Run Broadcast: November 12, :00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T.

2014 NONPROFIT LAW/EXEMPT ORGANIZATIONS UPDATE

SOPHISTICATED CHOICE OF ENTITY, PART 1 & PART

INNOCENT SPOUSE DEFENSE

DRAFTING PREFERRED STOCK/PREFERRED RETURNS

INCOME AND FIDUCIARY TAX ISSUES FOR ESTATE PLANNERS, PART 1 & PART

GST and Form 709: Fundamentals of Generation-Skipping Transfer Tax Reporting

ESTATE PLANNING FOR PORTABILITY First Run Broadcast: January 21, :00 p.m. E.T./1:00 p.m. C.T./12:00 p.m. M.T./11:00 a.m. P.T.

REPS AND WARRANTIES IN BUSINESS TRANSACTIONS

WHAT BUSINESS LAW PRACTITIONERS NEED TO KNOW ABOUT THE AFFORDABLE CARE ACT

LLC OPERATING AGREEMENTS: DRAFTING MANAGEMENT, DISTRIBUTION & TAX PROVISIONS, PART 1 & PART

ASSET-BASED FINANCE, PART 1 & PART

Capital Contributions, Capital Calls & Finance Provisions in Companies Teleseminar January 24, :00PM 2:00PM 1.0 MCLE GENERAL CREDITS

FIDUCIARY STANDARDS IN BUSINESS TRANSACTIONS: GOOD FAITH AND FAIR DEALING

FIXING TRUSTS: TECHNIQUES TO ALTER A TRUST WHEN CIRCUMSTANCES HAVE CHANGED

ESTATE AND SUCCESSION PLANNING WITH FAMILY BUSINESS, PART 1 & PART

ESTATE & TRUST PLANNING FOR EDUCATIONAL EXPENSES

DRAFTING IN LLCS - THE PROMISE & PERILS OF "UNITS"

PLANNING WITH FAMILY LIMITED PARTNERSHIPS/FAMILY LLCS, PART 1 & PART

ROLE OF LLCS IN TRUST AND ESTATE PLANNING

DRAFTING BUY/SELL AGREEMENTS IN BUSINESS, PART 1 & PART

REAL ESTATE JOINT VENTURES, PART 1 AND PART

UNDERSTANDING ANGEL INVESTING IN NEW BUSINESSES

DRAFTING TRUST DISTRIBUTION CLAUSES: HEALTH, EDUCATION & MAINTENANCE

Day 1 September 17, 2015:

Day 1 December 1, 2011:

SETTLEMENT AGREEMENTS IN EMPLOYMENT DISPUTES & LITIGATION

Setting Up and Organizing Corporations

Charitable giving issues and how to integrate with larger estate plans

Andrew M. Katzenstein

INCENTIVE COMPENSATION IN BUSINESS ENTITIES, PART 1 & PART

Understanding Charitable Trusts

Tax Planning for S Corporations: Mergers and Acquisitions Involving S Corporations (Part 2)

STRUCTURING AN EQUITY INVESTMENT IN REAL ESTATE

ESTATE PLANNING FOR ELDERLY, PART 1 & PART

REAL ESTATE DEVELOPMENT AGREEMENTS, PART 1 & PART

Estate Planning 101 Co-Sponsored by the Real Property, Trust and Estate Law Section

ALI-ABA Course of Study Estate Planning in Depth

STRATEGICPLANNING FOR YOUR HIGH-NET-WORTHCLIENTS

CONSTRUCTION CONTRACTS: DRAFTING ISSUES, SPOTTING RED FLAGS AND ALLOCATING RISK, PART 1 & PART

MANAGEMENT AND VOTING AGREEMENTS IN BUSINESSES

PROFESSIONAL EDUCATION BROADCAST NETWORK. Speaker Contact Information TRUSTS & DISTRIBUTIONS: ALL ABOUT NON-PRO-RATA DISTRIBUTIONS

Day 1 August 1, 2013:

ESTATE PLANNING FOR THE ELDERLY, PART 1 & PART

1.0 Law & Legal CLE Credit A/V Approval # Recording Date October 19, 2017 Recording Availability October 12, 2018

Rochelle L. Haller Principal

TABLE OF CONTENTS. Page

2012 Annual Convention. Estate Planning, Trust and Probate Law Update

Life Cycle of Estate Planning

Probate & Fiduciary Litigation

Daniel W. Srsic. Focus Areas. Overview

Division Of Charitable Remainder Trust after Divorce: A Model Memorandum

SELLING TO CONSUMERS: SALES, FINANCE, WARRANTY & COLLECTION LAW, PART 1 & PART

LLC FORMATION. Rossdale Group August 3, :00 pm to 1:30 pm EDT. Jeffrey R. Matsen

LLC, PARTNERSHIP, LP & PASS-THROUGH MERGERS, PART 1 & PART

Teresa R. Byers Principal

ALBANY LAW SCHOOL OF UNION UNIVERSITY, J.D., 1988 J. Francis Doyle Scholar

FARM AND RANCH INCOME TAX/ESTATE AND BUSINESS PLANNING

Young Lawyers Division 2013 Mid-Winter Thaw January 18-19

COMPENSATION & OTHER TECHNIQUES FOR GETTING MONEY OUT OF A CLOSELY HELD BUSINESS

2017 All-Ohio Legal Forum. Video Replay The Child Protection Trust

Let's Make a Deal! Business Succession Planning

Seventh Annual Advanced Nonprofit Law Institute

IRC 645 Elections for Qualified Revocable Trusts: Mastering the DNI Separate Share Calculation Rules

IRAs and Roth Conversions

Bobbie J. Collins. Associate. P / F

Reunion Weekend 2018

The Time is Right To Consider Charitable Lead Trusts

Frederick N. Widen Partner

Private Wealth Services Tax Policy Counseling. Nonprofit and Tax-Exempt Organizations Global Private Client. McGuireWoods LLP

Retirement Planning Today Sponsored by

SPRING For Trusted Advisors

Tuesday, August 19, 2008 New York Helmsley Hotel 212 East 42nd Street Between 2nd and 3rd Avenues New York, NY :45 a.m. 5:00 p.m.

PROBATE AND THE ADMINISTRATION OF ESTATES THURSDAY, OCTOBER 27, 2016 ROCHESTER FACULTY BIOGRAPHIES

Reporting GRATS, GRUTS, ILITS and IDGTs on Form 709: GST Exemption Allocation Calculations and Strategies

COURSE SCHEDULE Day One: Financial Planning

Charitable Planning in a New Era

Estate Planning for Business Owners

An annual practical update on recent legal, regulatory, and enforcement developments for lawyers and compliance officers.

ALI-ABA Video Law Review Advanced Estate Planning Practice Update: Winter 2009 February 5, 2009 Live Video Webcast

Retirement Planning Today

ESTATE PLANNING WITH ANNUITIES & FINANCIAL PRODUCTS

Delaware Tax Institute

Business Succession. Columbus Chamber of Commerce. November 15, 2017

Transcription:

LIQUIDITY PLANNING IN ESTATES AND TRUSTS First Run Broadcast: February 8, 2013 Live Replay: June 10, 2013 1:00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T. (60 minutes) Obtaining liquidity in an estate, both during the life of a client and after his or her death, is a major challenge for estate planners and administrators, particularly in an environment where asset values are only now stabilizing and credit is still exceptionally tight. Pre-mortem, a client with illiquid assets an interest in a closely held company, real estate, artwork or other property without a regular market may need liquidity to support themselves or pursue other ventures. Post-mortem, the client s estate will need cash to pay federal and state tax liabilities, and pay other final expenses. This program will provide you with a practical guide to obtaining liquidity in a client s estate, pre- and post-mortem, including elections to defer estate taxes, the use of Graegin notes, redemptions, buy-sell agreements and more. Estate planning and administration to obtain liquidity for illiquid assets Liquidity to fund tax liabilities, trust distributions, administrative expenses, and more Mechanics of electing a deferral of estate tax under IRC Section 6166 Use and advantages of using Gaegin notes to obtain liquidity Advantages and disadvantages of use of redemptions and buy-sell agreements Techniques to use life insurance products to obtain liquidity Speakers: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families. A Fellow of the American College of Trust and Estate Counsel, he is listed in The Best Lawyers in America, and has been named by Worth magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in Trusts and Estates magazine. Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School. David T. Leibell is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where he has an extensive estate, trust and charitable giving practice. He previously worked in the financial services industry, specializing in the financial aspects of estate planning. Mr. Leibell is a frequent lecturer on fiduciary topics throughout the United States, and has authored many articles on charitable, estate and tax planning topics. He is the author of a monthly column in Trusts & Estates magazine. He also authors a column for Registered Representative Magazine. Mr. Leibell received his B.A. from Trinity College and his J.D. from Fordham Law School.

VT Bar Association Continuing Legal Education Registration Form Please complete all of the requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT 05601-0100. Fax: (802) 223-1573 PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name: Middle Initial: Last Name: Firm/Organization: Address: City: State: ZIP Code: Phone #: Fax #: E-Mail Address: I will be attending: Liquidity Planning in Estates and Trusts Teleseminar June 10, 2013 1:00PM 2:00PM VBA Members $75 Non-VBA Members $95 NO REFUNDS AFTER June 3, 2013 PLEASE NOTE: Due to New Hampshire Bar regulations, teleseminars cannot be used for New Hampshire CLE credit PAYMENT METHOD: Check enclosed (made payable to Vermont Bar Association): $ Credit Card (American Express, Discover, MasterCard or VISA) Credit Card # Exp. Date Cardholder:

Vermont Bar Association CERTIFICATE OF ATTENDANCE Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: June 10, 2013 Seminar Title: Location: Credits: Liquidity Planning in Estates and Trusts Teleseminar 1.0 General MCLE Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.

PROFESSIONAL EDUCATION BROADCAST NETWORK Speaker Contact Information LIQUIDITY PLANNING IN ESTATES AND TRUSTS David T. Leibell Wiggin & Dana, LLP - Greenwich, Connecticut (o) (203) 363-7623 dleibell@wiggin.com Daniel L. Daniels Wiggin & Dana, LLP - Greenwich, Connecticut (o) 203-363-7665 ddaniels@wiggin.com

Liquidity Planning in Estate Planning David Thayne Leibell and Daniel L. Daniels 2011Wiggin and Dana 2617466

Daniel L. Daniels, Esq. David T. Leibell, Esq. Wiggin and Dana LLP Wiggin and Dana LLP 30 Milbank Avenue 30 Milbank Avenue Greenwich, CT 06830 Greenwich, CT 06830 203.363.7665 203.363.7623 ddaniels@wiggin.com dleibell@wiggin.com

Increasing Need for Liquidity Planning More and more illiquid estates Much of America s wealth created through private enterprise Business owner families want to avoid firesale of illiquid assets at death Desire to pass illiquid assets to next generation

Lifetime Liquidity Concerns Lifetime liquidity needed for successful succession planning 93 percent of business owners almost completely dependent on business for their personal cash flow needs Need to move from control assured income to contract assured income

Contract Assured Income Shareholders agreements to provide for lifetime buyout Installment sale to children or to defective trust Long-term GRATs Employment agreements

Other Liquidity Sources Non-business liquid assets Outside investors Bank loans Private loans Life Insurance

Shareholder Agreements

Primary Purposes of Buy-sell Agreements Provide a market for an illiquid asset Provide liquidity to pay estate taxes Provide for continuing income for a surviving spouse Under circumstances, fix the value of the business for estate tax purposes

Other Purposes of Buy-sell Agreements Allow owner to maintain control during life and control the transition of the business at death Avoid disputes between active and non-active children Provide for owner s disability Ensure business s continued qualification as an S corporation

Basic Provisions of Buy-Sell Triggering events Permissible buyers Business valuation Funding methods

Charitable Planning for the Business Owner to Create Liquidity or Avoid the Liquidity Problem Benefits and Risks of Disposition of Business Interests to Charity Testamentary Planning Using the Estate Administration Exception to the Self-Dealing Rules Charitable Stock Bailout

Post Mortem Options Section 6166 election Graegin note