Welcome by Anna M. Han, Interim Dean and Professor, Santa Clara University School of Law, and Charles H. Packer, Hopkins & Carley I A Law Corporation
9:20am – 10:45am
Opening Keynote: Caveat: This Won’t Get You Into Stanford or USC – Recent Developments That All T&E Lawyers Should Know About with Patrick Kohlmann, Temmerman, Cilley & Kohlmann, LLP & Vivian L. Thoreen, Holland & Knight This program is an annual review of recent case law and statutory changes. The Panelists will discuss key developments, including new legislation and court decisions, which are most significant to California trusts and estates practitioners.
10:45am – 11:00am
11:00am – 12:15pm
Breakout Sessions #1: Transfer Tax Update - Recent Developments And Related Planning Considerations with Michael J. Jones, CPA, Thompson Jones, LLP & John W. Prokey, Esq. Ramsbacher, Prokey, Leonard, LLP A review of the latest estate, gift and generation-skipping transfer tax developments of interest in estate planning, administration and tax compliance will be provided, including recent IRS pronouncements, court cases, and private letter rulings.
Because Nothing Says “Romance”
Like a Consult With Your Local Family Lawyer: Exploring Legal Options for Silicon Valley Couples Contemplating Cohabitation and/or Marriage Title TBAwith Genevieve J. Ruskus, Lakin Spears, LLP As lawyers practicing in California’s Silicon Valley, we provide legal services to some of the greatest innovators and money movers on the planet. Keeping up with the myriad ways in which our clients structure their assets and businesses can be challenging enough. But what happens when they fall in love and want, or don’t want, to provide for their significant other? What happens when they have adult children and they want to protect their family wealth from their children’s partners? What does it mean for a person with no assets and no inheritance on the horizon to enter into a union with a more moneyed partner? Due in part to the reduction in social stigma associated with living together out of wedlock, and the declining importance of religion in modern society, couples have more options available to them than ever before. For instance, they may consider cohabitation, registered domestic partnership, partnership coupled with an estate plan to provide for one another on death, or traditional marriage. This program will acknowledge the challenge of the “divided consciousness” in which couples must enter into their agreements not knowing whether their union will end in death, amicable separation, or a messy court battle. As estate planners and family lawyers, we need to be able to educate our clients about their legal options so they can make informed decisions that support their unique goals and interests.
Title TBAwith Abby Feinman & Laura Ziegler Description Pending
Trust Acronyms De-Mystified: What Are and When Do You Use AB QTIPs, AB Marital Trusts, No-ABs, ILITs, SLATs, Children’s Trusts, QTIP-able Bs, BDITs, QPRTs, GRITs, GRATs, GRUTs, IDGTs, Walton-Style GRATs, Dynasty Trusts, NINGs, DINGS, WINGS, CRUTs, NICRUTs, NIMCRUTs, CRATs, CLATs, CLUTs, and related acronyms, references and classifications (SCINs, Private Annuities, Self-Settled Trusts, QSBS, QSSTs and ESBTs)Title TBAwith Brian L. Shetler, Berliner Cohen LLP & John F. Doyle, WealthPLAN, PC Attorneys and other wealth advisors are expected to know the options and use their judgment in selecting the right types of trusts for their clients’ circumstances. But are you sometimes lost when someone throws out an acronym or short-hand reference for a type of trust? Nodding your head and then rushing out to look it up can be uncomfortable. This program will help you to nod your head with actual knowledge of the meaning for the references and whether each trust actually might make sense to explore for clients.
12:15pm – 1:30pm
1:30pm – 2:00pm
Break & Desserts
2:00pm – 3:15pm
Breakout Session #1: Title TBAwith Julie Miraglia Kwon, Partner, McDermott, Will, & Emery, LLP, Paul S. Lee, Northern Trust Company, Ray Thornson, Syida Long Description Pending
Breakout Session #2: Near & Dear to Jerry: Community Property with Andrea Kushner Ross, Bernstein In 1999, Jerry Kasner prepared an outline entitled "Community Property and Estate Planning," which has been a critical resource for countless California attorneys. Using an updated version of Jerry's piece, Andrea Kushner Ross will review notable developments in California community property law since Jerry prepared his outline. The presentation will have a specific emphasis on community property issues affecting estate planning practice.”
Breakout Session #3: How T&E Litigation Has Affected My Planningwith Timothy J. Kay, Snell & Wilmer, LLP A review of a number of contested cases, some decided by the California Supreme Court and the California appellate courts, and some cases that were resolved without appellate review. Mr. Kay will go over the facts or issues that gave rise to the conflict, the caselaw or other results and how he changed his planning advice in response. Lessons learned. He will offer approaches that reduce the risk of conflict and enhance the chances that the client’s estate plan is ultimately successful.
Basis Is (Almost) Everything – Part 1with Darin Donovan, Esq., Hopkins & Carley, Laurelle Gutierrez, Esq. McDermott, Will & Emery, Patrick Kohlmann, Esq., Temmerman, Cilley & Kohlmann, LLP, Dennis Leonard, Ramsbacher, Prokey, Leonard LLP, Annette Nellen, CPA, CGMA, Esq. Professor and Director of San Jose State University’s Graduate Tax Program (MST), David Sacarelos, CPA, CGMA, Seiler LLP The panel will share and discuss certain income tax and transfer tax provisions of the Tax Cuts and Jobs Act of specific interest to trust and estate professionals, highlighting considerations on both the estate tax imposed on larger estates and the income taxes imposed when a decedent’s assets are sold or exchanged. The panel will focus their presentation on the underlying question of basis.
3:15pm – 3:30pm
3:30pm – 4:45pm
Breakout Sessions #1: Title TBAwith Jeff Ostrum & Joe Bragdon Description Pending
Breakout Sessions #2: Divorce, Death & Deductions: Tax Aspects of Marriage & Dissolutionswith Julie Kwon, McDermott Will Emery LLP and Carlyn S. McCaffrey, McDermott Will & Emery LLP Tax considerations affect agreements and settlements throughout marriage, including premarital agreements, postnuptial agreements, transmutations and divorce settlements. The 2017 Tax Act significantly revised income tax consequences of marriage and divorce, including repeal of the long-standing alimony deduction. In addition, gift and estate aspects, including the special rules of Chapter 14, are often overlooked when evaluating terms upon entry to or exit from a marriage. We will apply these rules in our discussion of advance planning and settlements that can promote overall estate planning objectives while addressing the divorcing client’s personal risks and concerns.
Breakout Sessions #3: Tax & Estate Planning Strategies in the Age of the Unicornwith Lara Gilman, Farella Braun & Martel, Junaid Mohiuddin, Fuel by McKinsey, Sha Zhang, Deloitte Tax LLP, Sanjit Dang, U First Capital. Panel Facilitator: Leigh Wasson, BNY Mellon Wealth Management This interactive panel will be a follow up to a discussion delivered at the 2015 Kasner Estate Planning Symposium that was titled, “Estate Planning for Unicorns and Other Exotic Game”. Fast forward to 2019…as a number of unicorns are transitioning from private to public companies, our panel of specialists will discuss why companies are staying private longer and the implications to tax and estate planning techniques. The panelists will also explore tax, estate and financial planning strategies that are being used to manage the personal assets of unicorn founders and shareholders.
Nuts and Bolts of How To Fund and Split Trusts with Brian L. Shetler, Berliner Cohen LLP Trusts do not magically fund or split into subtrusts by themselves. This program covers nuts and bolts of how to accomplish both. Included in the discussion will be real property transfers (including transmutation deeds to fund joint trusts, documentary transfer tax forms, and Proposition 58 forms), entity transfers (including assignments, amendments to operating agreements and limited partnership agreements, share transfers, and SBOE 100-Bs) , declarations of trust splits, IRC 645 elections, and treatment of reserves under Treasury Regulations 1.643(d).
Basis Is (Almost) Everything – Part 2with Darin Donovan, Esq., Hopkins & Carley, Laurelle Gutierrez, Esq. McDermott, Will & Emery, Patrick Kohlmann, Esq., Temmerman, Cilley & Kohlmann, LLP, Dennis Leonard, Ramsbacher, Prokey, Leonard LLP, Annette Nellen, CPA, CGMA, Esq. Professor and Director of San Jose State University’s Graduate Tax Program (MST), David Sacarelos, CPA, CGMA, Seiler LLP The panel will share and discuss certain income tax and transfer tax provisions of the Tax Cuts and Jobs Act of specific interest to trust and estate professionals, highlighting considerations on both the estate tax imposed on larger estates and the income taxes imposed when a decedent’s assets are sold or exchanged. The panel will focus their presentation on the underlying question of basis.
4:45pm – 6:30pm
Exhibitor, Speaker & Sponsor Reception
Friday, October 18, 2019
7:00am – 8:15am
Opening Remarks by Charles H. Packer,Hopkins & Carley I A Law Corporation
8:30am – 9:45am
Keynote: The Estate Planner’s Guide to Recent Federal Income Tax Developmentswith Professor Sam Donaldson, Georgia State University School of Law This informative and entertaining presentation will recap the important income tax cases, rulings, regulations, and legislation from the past 12 months of interest to estate planning professionals. Specific topics to be strategies to mitigate the $10,000 cap on the deduction for state and local taxes, maximizing the deduction for charitable contributions, final regulations related to qualified business income, and state taxation of nonresident trusts.
9:45am – 10:00am
10:00am – 11:15am
Keynote: Special Considerations for Family Philanthropy: At Home and Abroadwith Marguerite Griffin, Northern Trust Description Pending
11:15am – 11:30am
Break (Exhibitor Hall)
11:30am – 12:30pm
Q & Awith Professor Sam Donaldson, Georgia State University School of Law, Annette Nellen, CPA, CGMA, Esq. Professor and Director of San Jose State University’s Graduate Tax Program (MST), Carlyn S. McCaffrey, Partner, McDermott Will & Emery LLP, Timothy J. Kay, Snell & Wilmer, LLP; Moderator: Patricia Cain, Professor of Law, Santa Clara University
12:30pm – 1:00pm
Closing Remarks & Sponsor/Exhibitor Gift Drawings
1:00pm – 2:00pm
Break for Lunch (On Your Own)
2:00pm – 3:00pm
Bonus Credits: Conflict of Interest with Andrea Kushner Ross, Director Wealth Strategies Group, Bernstein Description to come
3:00pm – 4:00pm
Bonus Credits: Elimination of Bias with Camelia Mahmoudi, J.D., LL.M In today’s world, we continue facing issues of bias and discrimination in our law firms. Some of these biases are hard to identify because they are implicit because they are unintentional. We might not even see them, because they are hidden and unrecognizable. We should be able to identify such biases and try to find ways to eliminate them in our workplace. We should identify the laws and regulations prohibiting expressions of bias, discrimination or harassment in the workplace.