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Original Program: 39th Annual Estate Planning & Fiduciary Law Program, July 26-28, 2018

Available formats

This program provides innovative CLE programming covering significant estate planning, estate administration and tax issues and a wide range of topics for both new and experienced lawyers.

Dynamic speakers covering a variety of topics, including:

  • Federal and state recent developments
  • Planning under the new tax act
    • Fiduciary income tax
    • Business planning
    • Basis in disregarded note transactions
  • Planning and administration for clients under the 706 filing threshold
  • The intersection of family law and estate planning
  • Living probate
  • A panel of Clerks of Court sharing what they want planners to know

Planned by the NCBA Estate Planning & Fiduciary Law Section

Click on the "In Depth" tab for session and speaker information.

TUITION RATE. Membership discounts automatically apply at checkout.  

Standard: $605
NCBA Member: $505
NCBA Estate Planning & Fiduciary Law Section Member: $470
CLE Premier Pass: $0


Discounts are available for NCBA members who are law professors, judges, or legal services/public interest attorneys. Call CLE at 800.228.3402 for details.

Product Information
Product Date:
July 26, 2018
Chapters 1-2 | 2018 Federal and North Carolina Legislative Recent Developments and Updates in Estate Planning | 112 minutes

This session features a review of recent federal statutory developments and cases involving trust, estate, gift and income tax matters and North Carolina case law.

This session also provides an overview of North Carolina General Assembly Session Laws and pending bills that have been monitored, reviewed, or supported by the Legislative Committee of the North Carolina Bar Association’s Estate Planning & Fiduciary Law Section, since the Section’s 2017 Annual Meeting. While the focus of the Legislative Committee is upon North Carolina legislation that relates, directly or indirectly, to the fields of estate planning and fiduciary law, the Committee also reviews nationwide scholarship and tracks trending developments across the United States.

Speaker Information
Mark R A Horn   [ view bio ]
Christopher J C 'Chris' Jones   [ view bio ]
Matthew R Kain   [ view bio ]
Mitchell Kemp Mosley   [ view bio ]
Bradley T 'Brad' Van Hoy   [ view bio ]
Chapter 3 | Twenty (Plus) Years Later: Developments in Asset Protection Since 1997; Focus on Domestic Asset Protection Trusts | 86 minutes

2017 marked the twentieth anniversary of the Alaska and Delaware legislation permitting the creation in those states of self-settled asset protection trusts, thus changing centuries of law that until then had prevented individuals from creating trusts for their own benefit that would be safe from the claims of creditors. In the ensuing twenty plus years, many other states have passed similar legislation.

At the same time, a number of states have passed other legislation protecting certain classes and types of assets from creditor claims while others have passed a version of the new Uniform Voidable Transactions Act (“UVTA”) that may complicate the usefulness of self-settled asset protection trusts.

This session discusses the original impetus behind the 1997 legislation, the asset protection revolution that those acts helped start and the current status of asset protection planning in North Carolina and elsewhere.

Speaker Information
John A 'Jack' Terrill II   [ view bio ]
Chapter 4-A | Help! I Have a New Tax Act and I Can't Find My Deductions | Materials Only

The new tax act has brought many changes to the fiduciary income taxation of estates and trusts.

This session discusses the preparation of Form 1041 as well as planning opportunities related to the types of trusts, grantor and nongrantor, distributions to current and remainder beneficiaries keeping in mind both income tax and estate tax consequences and timing of (and now lack of) deductions.

This session was not recorded. Only the written materials are provided. 

Speaker Information
Sandi O Thorman, CPA   [ view bio ]
Chapter 4-B | All of Your Clients Don't Have $11,000,000! Tips for Counseling the 99% | 75 minutes

Recent increases to the federal estate tax exemption coupled with the abolishment of North Carolina's separate state estate tax tempt many to conclude that the vast bulk of individuals do not need assistance from competent legal counsel. Rest assured that is not the case.

This session identifies why competent legal counsel remains vitally important even when estate tax is not a concern. This session also examines various pre- and post-mortem situations that frequently occur and explores strategies to address the issues presented.

The discussion analyzes both tax and non-tax issues. Every estate planning and fiduciary law attorney benefits from this session!

Speaker Information
Zachary F Lamb   [ view bio ]
Chapter 5-A | Impact of Tax Reform on Choice of Entity Determination and Considerations for Restructuring Existing Business Entity Classifications | Materials Only

The Tax Cuts and Jobs Act (the “Act”) introduced significant changes to the taxation of both individuals and business entities.

Like so many business decisions, choice of entity determinations are based heavily on the expected return on investment. The “permanent” reduction of the corporate tax rate to twenty-one percent (21%) may increase the attractiveness of C corporations going forward.

On the other hand, pass-through entity (e.g. S corporations and partnerships) status may increase based on the new “temporary” deduction of up to twenty percent (20%) of qualified business income (“QBI”) of certain trades and businesses. These changes and other factors (e.g. individual rates, the kiddie tax, self-employment tax) could make choice of entity determinations one of the most important tax decisions taxpayers will ever make.

This session reviews the significant tax changes of the Act relevant to business owners and discusses various choice of entity factors and highlight considerations for restructuring existing business entities in light of the Act.

This session was not recorded. Only the written materials are provided. 

Speaker Information
S Kyle Agee   [ view bio ]
Chapter 5-B | 'Til Death (or Divorce) Do Us Part: The Intersection of Estate Planning and Family Law | 61 minutes

In addition to family law concerns, important estate planning issues arise as soon as a married couple becomes separated.

This session explores estate planning issues that arise during separation and after divorce, implications of the death of a spouse during a separation, premarital and post-marital agreements, including issues regarding enforceability, and the division of retirement benefits, including practice tips and common pitfalls in drafting qualified domestic relations orders (QDROs).

This session brings practical insights and expert guidance from the perspective of a practicing family law attorney.

Speaker Information
Daniel B Finch   [ view bio ]
David E Holm   [ view bio ]
Chapter 6-A | Stitching Shadows in Neverland: A Counterpart Basis Analysis Applied to Disregarded Promissory Notes and Assets Owned in Grantor Trusts | Materials Only

In our relatively low-interest rate environment, trust and estates practitioners are familiar with the attractiveness of using intra-family installment loans to shift wealth across generations in a tax efficient manner.

Many practitioners understand the income tax advantages of preserving a taxpayer's Applicable Exemption Amount until death. However, under the new Tax Cuts and Reform Act, the potential expiration of increased Exemption Amounts after 12/31/2025 also might encourage clients to consider transfers within the next eight years.

In either case, the range of planning opportunities include intra-family installment sales, gifts of existing notes receivable, swaps of property for income tax basis and other strategic planning uses.

This program discusses and helps clarify an often-ignored corner of the income tax analysis related to intra-family loans–specifically how to account for the cost basis of disregarded notes and their related assets–and provide practitioners with important tax savings opportunities for entities and taxpayers engaged in installment note transactions.

This session was not recorded. Only the written materials are provided. 

Speaker Information
Carl L King   [ view bio ]
Chapter 6-B | A Practical Guide to Living Probate: A New Tool for Estate Planners | 60 minutes

Effective August 11, 2015, North Carolina joined four other states in adopting a Living Probate statute, allowing pre-mortem probate of wills.

This session reviews the history of living probate and North Carolina’s statutory provisions, including jurisdictional requirements, pleadings and sample forms.

We discuss common situations in which living probate can provide estate planners with another tool to minimize post-mortem litigation.

Speaker Information
Abby L Adams   [ view bio ]
Paul A Capua   [ view bio ]
Chapter 7 | The Path to Lawyer Well-Being: Practical Recommendations for Positive Change | 62 minutes

A collection of entities within and outside of the ABA created a Task Force to initiate a comprehensive survey of lawyer mental health and substance use. The resulting survey report published in 2016 indicated high rates of mental health and substance use disorders, along with abysmally low rates of help-seeking behavior, among lawyers.

This session includes an overview of the report and explores several skills and practices that lawyers can use to create positive change and increased well-being.

Speaker Information
Beth Padgett   [ view bio ]
Chapter 8 | What the Clerks Want You to Know About Estate Administration: A Panel Discussion with Clerks of Superior Court | 55 minutes

In North Carolina, the Clerk of Superior Court of each county is the ex officio judge of probate.

This session allows a panel of Clerks to discuss estate administration from their perspective.

The discussion provides insight into the inner workings of the Clerks’ offices, some best practices that Clerks have observed and other things practitioners should know.

Speaker Information
Deborah L Barker   [ view bio ]
Lisa Johnson-Tonkins   [ view bio ]
Timothy W Jones   [ view bio ]
J Yancey Washington   [ view bio ]
Chapter 9 | Nothing Succeeds Like Successful Succession | 77 minutes

Transitioning a private business, usually family owned from one generation to the next is one of the trickiest estate planning conundrums.

We review successful strategies to minimize taxes and pay for those that remain, encourage orderly leadership changes, compensate owners and non-owners and take steps to position a business for future success.

Both tax and non-tax aspects of various strategies are discussed.

Speaker Information
Turney P Berry   [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 9.75
Estate Planning and Probate Law Specialization: 9.75
General: 8.75
Substance Abuse/Mental Health (SA/MH): 1.00
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