seventh annual great lakes asset protection institute00 asset protection basics: using state and...
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2019 Institute Sponsor
REGISTER ONLINE:ohiobar.org/CLE19-036
CALL TO REGISTER:(800) 232-7124
Seventh Annual Great Lakes Asset Protection Institute
DEC 26.5 HOURS
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registration infoCLE19-036
AKRON | CLEVELAND | COLUMBUS FAIRFIELD | PERRYSBURG | LIVE INTERACTIVE WEBINAR
Name
Phone Fax
City State Zip
Member No. / Supreme Court No.
Enclosed is a check for: $Make check payable to: Ohio State Bar Association
Credit Card: Visa Mastercard American Express Discover
Card Number: Exp:
Signature:
form of payment
available for purchase (MAIL/PHONE ONLY - INCLUDES TAX AND SHIPPING )
BOOK:$25
NON-ATTENDING - NOT ELIGIBLE FOR CLE CREDITATTENDING ONLY
BOOK:$55
BOOK + VIDEO:$100
Membership VP+ Membership 2018 Member*
Pre-Registration $320 $320 $400
Walk-In $345 $345 $425
group discount: Three or more registrants from the same office receive $25 off per registrant. Registrations must be submitted at the same time to be eligible.
LIVE WEBINAR REGISTRATION: Online registration only. Visit ohiobar.org/webcasts to register.
program pricing (includes electronic materials only)
6.5 HOURSCertified Specialist Specializationj
locationsAkron Cleveland Columbus
Fairfield Perrysburg
Lunch Provided!
HOW TO REGISTERMail To:Ohio State Bar AssociationP.O. Box 16562 Columbus, OH 43216-6562
Online: yourosba.Ohiobar.org Phone: (800) 232-7124 | (614) 487-8585
Register for this course: ohiobar.org/CLE19-036 Register for this course: (800) 232-7124
Cancellation Policy: Cancellations received by 5 p.m. the business day prior to the program will
be refunded less a $25 processing fee.
Seventh Annual Great Lakes Asset Protection Institute
CLE19-036 Code: 1219
REGISTRATION FORM & TUITION ON BACK
description Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD; Shenkman Law; Fort Lee, New Jersey will present on designing APT Structures, including design, funding, administration, and formalities. Sean J. Fahey, Esq., Hall Render Killian Heath & Lyman, PC from Indianapolis will set forth the basics of Indiana’s brand new legacy trust act and compare its provisions with the APT statues of Michigan and Ohio. Other speakers will address a variety of other issues.
planning chairJohn E. Sullivan III, Esq.Sullivan & Sullivan Ltd.; Beachwood
planning committee:D. Bowen “Bo” Loeffler, Esq.The Loeffler Law Firm LLC; Port Clinton/Sandusky
Daniel R. Griffith, Esq. Huntington National Bank; North Canton
Brian C. Layman, Esq.Layman Law Group, LLC; Canton
Michael J. Stegman, Esq.Kohnen & Patton, LLP; Cincinnati
program agenda
8:00 Registration/Continental Breakfast
8:45 Welcome: PNC Ohio Trust Company, Institute Sponsor
8:50 Institute Opening RemarksRepresentative William J. Seitz III, Esq.; House Majority Leader, District 30; Cincinnati
9:00 Asset Protection Basics: Using State and Federal Exempt Property LawsMany clients can achieve a significant amount of asset protection through use of state and federal exempt property laws, both in and out of bankruptcy proceedings. This segment will help planners identify and protect exempt assets and will explain the value of spending non-exempt assets first.
D. Bowen “Bo” Loeffler, Esq.; The Loeffler Law Firm LLC; Port Clinton/Sandusky
9:30 BDITs and BDOTs: Using Non-APT Trusts for Asset Protection PlanningThis segment will review the use of “beneficiary defective inheritor’s trust” (BDITs) and beneficiary deemed owned trusts (BDOTs), with an emphasis on how these tax-sensitive devices can also be used for asset protection planning purposes in certain circumstances.
Edwin P. Morrow III, Esq.; Regional Wealth Strategist, US Bank; Cincinnati
10:15 Break
10:30 The APT States of America: U.S. States with APT Acts and Conflicts of Law IssuesAn overview of the growing number of asset protection trust (APT) statutes through the USA, how that growth affects conflicts of law issues, and how it helps Ohio legacy trust planning.
John E. Sullivan III, Esq.; Sullivan & Sullivan Ltd.; Beachwood
11:00 Designing APT Structures: Design, Funding, Administration, and Formalities: Part 1This segment will review the lifecycle of APT structures, including the basics of designing plans suitable for each client (e.g. use of non-grantor trusts for lower wealth clients not subject to estate tax), design features that can enhance a structure’s odds of surviving a challenge (10 year + 1 day deferral, tax reimbursement, loan provisions, hybrid DAPTs and SPATs), funding considerations (e.g., entity structures, lien and judgement searches, solvency affidavits, financial forecasts, financial statement, spaced or timed funding, etc.), administration concerns (consistency in documents, e.g., tax returns, trust accounts, entity records, etc.), APT planning for married couples (variations of SLATs, SLAT/DAPTs, etc.), and using a new domicile to negate a Rensin attack (new tech savvy approaches to establishing domicile).
Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD; Shenkman Law; Fort Lee, New Jersey
12:00 Lunch (Provided)
12:30 More Great Lakes APTs: Indiana’s New Legacy Trust ActThis session will set forth the basics of Indiana’s brand new legacy trust act and compare and contrast some of its provisions with the APT statutes of Michigan and Ohio.
Sean J. Fahey, Esq.; Hall Render Killian Heath & Lyman, PC; Indianapolis, Indiana
1:30 Designing APT Structures: Design, Funding, Administration, and Formalities: Part 2This segment will take a more detailed look at issues related to APT structures, including use of entities to reduce ties to non-DAPT states (e.g., LLCs to house protectors and investment advisers, etc.), the role of investment policy statements and entity records to support the plan and structure (IPS, minutes, unanimous consents, etc.), “defined value” issues (interplay of Wandry and Powell, double or two-tier Wandry, defined value spillover mechanisms on large transfers, etc.), avoiding the reciprocal trust doctrine (which creditors or IRS may use to unwind transactions), formalities in trust administration (sample annual trust consents, entity consents,) and the use of checklists to close and administer trust transactions.
Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD; Shenkman Law; Fort Lee, New Jersey
2:30 Break
2:45 LLC Issues: Planning with LLCs on a Stand-Alone Basis and Charging OrdersThis segment will examine ways and means to use LLCs in a structure that does not include a trust, will consider the use of tiered LLCs, and will consider the possible limits of such planning. Charging order issues will also be considered, including recent court rulings regarding which state’s charging order rule should apply, and the scope of Ohio’s charging order.
John E. Sullivan III, Esq.; Sullivan & Sullivan Ltd.; Beachwood
Charley W. Hess, Esq.; Charley W. Hess, Attorney at Law; Dublin
3:30 Asset Protection Case Law UpdateThis session will review some of the more significant recent rulings that can affect asset protection planning.
D. Bowen “Bo” Loeffler, Esq.; The Loeffler Law Firm LLC; Port Clinton/Sandusky
4:00 Panel Discussion and Audience QuestionsThe day will conclude with a panel discussion to address selected questions presented by attendees throughout the day.
Daniel R. Griffith, Esq.; Huntington National Bank; North Canton (Moderator)
4:30 Seminar Concludes
Did you know the Ohio Supreme Court Commission on CLE, Gov. Bar Rule X, now offers a new CLE credit? You can earn up to 24 credit hours for approved live webinar self-study activities during a biennial compliance period. This seminar will be offered as a live webcast and will qualify for the new live interactive webinar credit. Questions? Please contact OSBA Member Services at 800-232-7124.