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Programs in Asset Protection



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Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Program Number: 2746 Presenter: Edward D. Brown, Esq. - Davis Schilken, PC, Carl G. Stevens

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Attorneys who assist clients with their asset protection and estate planning needs must be careful to comply with what is ethical to avoid facing potential ethics complaints, not to mention possible criminal liability. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this detailed analysis of potential ethical issues in the asset protection and estate planning contexts, including: when is asset protection planning ethical and when does it cross the line into the unethical; properly screening the client; identifying voidable transactions; when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; can the attorney be liable for not advising the client as to the full range of asset protection strategies; and who is the client. Specific attention is placed on

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Advanced Asset Protection Strategies and Considerations

Program Number: 2745 Presenter: Edward D. Brown, Esq. - Davis Schilken, PC, Carl G. Stevens

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** This program is geared for attorneys involved in asset protection and estate planning, trusts, and business succession. Edward D. Brown, Esq. and Carl G. Stevens, Esq. discuss (i) the most comprehensive structure designs that are used today; (ii) why divorce cases pose a special challenge; (iii) the more subtle issues of public policy, retaining control, choice of law, jurisdiction, federal law pre-emption, and the statute of limitations; and (iv) avoiding contempt of court exposures that may be threatened.

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Asset Protection Fundamentals: What Attorneys Should Know to Advise the Moderate Net Worth Clients

Program Number: 2744 Presenter: Edward D. Brown, Esq. - Davis Schilken, PC, Carl G. Stevens

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Whether your practice involves estate planning, business succession planning, family law or other areas, you should have an understanding of asset protection planning for your more moderate and medium net worth clients. This program introduces the attorney to the planning tools that are available without having to “go offshore” or create complex and expensive protective structures and discusses the asset protection concepts and various designs. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this informative overview of the multitude of tools that are available to shield assets from unwanted attachments and seizures, such as through the use of exemptions, third party trusts, limited liability companies and gifting strategies.

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Protecting Your Client’s Company from Negative Impact of Divorce

Program Number: 2654 Presenter: Megan Lopp Mathias, Esq.

Megan Mathias discusses important legal issues and the related documents and provisions for counsel regarding their or their client’s company in the wake of a business partner’s divorce. Topics include: • Premarital agreements • Critical Shareholder Agreement and Operating Agreement Provisions • Other planning strategies

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Select Federal and State Income, Gift and Estate Tax Issues and Filing Requirements for Domestic and Foreign Trusts for Estate Planning and Asset Protection Attorneys

Program Number: 2637 Presenter: Edward D. Brown, Esq.

Tax and estate planning attorneys should be well versed with regard to tax compliance rules related to planning and advising on asset protection structures. Join Edward D. Brown as he covers tax-related issues specific to domestic and foreign asset protection planning arrangements, including: (a) the factors that distinguish domestic trusts from foreign trusts for federal income tax purposes and the important implications this distinction has for tax reporting (and penalty) purposes; (b) an analysis of applicable pertinent income, gift, and estate tax issues; (c) grantor trust considerations; (d) tax returns for underlying limited partnerships and limited liability companies; (e) tax forms and reporting requirements for foreign bank and financial accounts; (f) tax considerations arising from the Foreign Account Tax Compliance Act (“FATCA”); and (g) other miscellaneous tax forms, including agricultural property considerations, as well as special tax treatment of annuities, and other tax-sensitive assets.

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Asset Protection and Estate Planning: Important Considerations when Funding and Administering a Protective Structure

Program Number: 2633 Presenter: John R. Garland, Esq.

While well-crafted documents are essential to ensure that the structure’s assets will be protected properly, asset protection and estate planning attorneys should know that it is also imperative to adhere to certain funding and administration practices. Join John Garland as he discusses: (1) respecting the separate character of the trust and partnership; (2) choosing the assets to be transferred and taking into account “ripple effects”; (3) whether the asset should be transferred to the trust or to the partnership; (4) segregating “hot” assets from “cold” assets; (5) the persons in control of administering the trust and partnership; (6) real property issues; (7) distributing assets out of the structure; (8) appropriate documentation; and (9) making sure the structure is not a “back pocketbook.”

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An Asset Protection Planning Primer for Estate Planning, Tax and Creditors Rights Lawyers

Program Number: 2628 Presenter: Barry S. Engel, Esq.

Join asset protection planning attorney Barry Engel as he covers important topics for estate planning, tax and creditors’-rights lawyers, including the following: (i) an introduction to incorporating asset protection into traditional estate planning; (ii) asset protection as a supplement to traditional forms of liability and malpractice insurance; (iii) “Level 1” Planning for individuals vs. “Level 2” Planning for operating companies and professional practices; (iv) using multiple trusts and underlying entities; (v) what happens when the planning structure is challenged; (vi) contempt of court principles; (vii) current federal tax considerations (viii) a comparison of domestic and foreign asset protection trust statutory law; (ix) Choice of Law and Conflict of Laws issues; and (x) a case study incorporating the relevant concepts.

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Protecting Against Ethical Exposures and Civil/Criminal Liability When Advising Clients on Protecting their Assets: What Estate Planning Attorneys Should Know

Program Number: 2541 Presenter: Edward D. Brown, Esq.

Asset protection and estate planning attorneys must identify how to avoid liability that could arise in connection with the participation in transactions that result in improved asset protection for clients. The field of asset protection is especially filled with traps for the unwary. Join Edward D. Brown for this in-depth analysis of potential ethical, civil and criminal liability issues in the asset protection and estate planning contexts. Specific areas of focus to be discussed include: (a) when is asset protection planning ethical and when does it cross the line into the unethical; (b) properly screening the client; (c) how to identify a fraudulent transfer; (d) when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; (e) can the attorney be liable for not advising the client as to the full range of asset protection strategies; and (f) who is the client. Specific attention will

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Current Trends: Are Today's Laws Eroding or Enhancing Asset Protection Estate Planning Opportunities?

Program Number: 2540 Presenter: Edward D. Brown, Esq.

With the increasing popularity of asset protection/integrated estate planning, recent legislation and court decisions have focused on what planning strategies are effective in today’s legal environment. In this program, Edward D. Brown explores these current developments. Topics include: (1) states enhancing the available protection of assets; (2) case law applying “public policy” arguments to trump protection designs; (3) courts of equity ruling to grant financial remedies to creditors where legal remedies are insufficient to reach the desired result by the court; (4) broad based rulings that suggest having “asset protection” as a goal creates a “per se” fraudulent transfer; (5) rising interest by clients in choosing offshore laws for better protection of children’s future inheritances in fear that the US legal system is trending toward the erosion of “established” protection-related legal concepts; (6) the application of alter ego, nominee, sham, and other theories to justify piercing asset protection trusts; and (7) whether the perception

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