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The SECURE Act and Special Needs Trusts

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The SECURE Act and Special Needs Trusts The SECURE Act and Special Needs Trusts Stuart D. Zimring Reference Materials April 2021 CONTINUING EDUCATION OF THE BAR CALIFORNIA Oakland, California For update informaঞon call 1-800-232-3444 Website: ceb.com 1 CONTINUING EDUCATION OF THE BAR CALIFORNIA Oakland, California For update informaǎon call 1-800-232-3444 Website: ceb.com CEB is a self-supporting non-profit program of the University of California. The program, which provides lawyers with information about the law and the practice of law in California, is administered by an Advisory Board that includes representa- tives of the University of California and members of the California legal community. CEB’s only financial support comes from the sale of CEB publications, programs, and other products. CEB’s publications and programs are intended to provide current and accurate information and are designed to help attorneys maintain their professional competence. Publications are distributed and oral programs presented with the understanding that CEB does not render any legal, account- ing, or other professional service. Attorneys using CEB publications or orally conveyed information in dealing with a specific legal matter should also research original sources of authority. CEB’s publications and programs are not intended to describe the standard of care for attorneys in any community, but rather to be of assistance to attorneys in providing high quality service to their clients and in protecting their own interests. © 2021 by The Regents of the University of California 2 The 43rd Annual UCLA/CEB Estate Planning Institute via Live Stream Webinar SCHEDULE Thursday, April 22nd 2021 8:30 am - 9:00 am Attendees log in - Opening remarks - Introductions 9:00 am – 10:15 am California Developments S. Andrew Pharies, DLA Piper LLP (US), San Diego 10:15 am – 10:45 am Break 10:45 am – 12:00 pm Family Offices and Private Trust Companies – An Overview Bobbi J. Bierhals, McDermott Will & Emery, LLP, Chicago Kim Kamin, Gresham Partners, LLC, Chicago 12:00 pm – 1:00pm Lunch Break 1:00 pm – 2:00 pm Practicing Law After Covid-19: What did we Learn? Randy J. Curato, Alas, Los Angeles Bruce Stone, Goldman Felcoski & Stone, P.A., Florida Ryan J. Szczepanik, Hartog, Baer, & Hand, APC, Orinda 2:00 pm - 2:30 pm Break 2:30 pm – 3:30 pm Love Makes A Family: Distinguishing Statutory Natural Parentage and Biological Parentage Jonna M. Thomas, Wells Fargo Private Bank, Walnut Creek Naznin B. Challa, Wells Fargo Bank, N.A., San Francisco 3:30 pm - 4:00 pm Break 4:00 pm - 5:00 pm Planning in a Low Interest Rate Environment Carlyn S. McCaffrey, McDermott Will & Emery, New York Nicole M. Pearl, McDermott Will & Emery, Los Angeles 3 The 43rd Annual UCLA/CEB Estate Planning Institute via Live Stream Webinar SCHEDULE Friday, April 23rd 2021 8:30 am - 9:00 am Attendees log in - Opening remarks - Introductions 9:00 am – 10:30 am Federal Tax Developments Charles D. (Skip) Fox IV, McGuireWoods LLP, Charlottesville, Virginia 10:30 am – 11:00 am Break 11:00 am – 12:30 pm Property Tax 12:30 pm – 1:30 pm Lunch Break 1:30 pm – 2:30 pm Employment Issues with Caregivers, Nannies, Personal Assistants David A. Wimmer, Swerdlow Florence Sanchez Swerdlow & Wimmer, Los Angeles Emily Camastra, Swerdlow Florence Sanchez Swerdlow & Wimmer, Los Angeles 2:30 pm - 3:00 pm Break 3:00 pm – 4:00 pm The SECURE Act and Special Needs Trusts Stuart D. Zimring, The Law Offices of Stuart D. Zimring, Encino 4 The 43rd Annual UCLA/CEB Estate Planning Institute April 2021 Live Stream Webinar About the Speakers S. ANDREW PHARIES, DLA Piper LLP, San Diego, is a partner with DLA Piper LLP (US), San Diego, practicing in domestic and international estate planning, postdeath trust and estate administration, charitable planning, exempt organizations, family business planning, and related tax controversies. He received his B.S. from the University of California, Riverside, and his J.D. from the University of Oregon School of Law, where he served as Editor-in-Chief of the Oregon Law Review. He is a Fellow of the American College of Trusts and Estates Counsel and is certified as a Specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization. Mr. Pharies is a frequent speaker and author on topics relating to trusts and estates law. BOBBI J. BIERHALS, McDermott Will & Emery, LLP, Chicago, has built her practice by developing creative and customized solutions for her clients. Her experience centers on tax and business planning for high-net-worth individuals and families. Her clients range from executives and first-generation entrepreneurs to multi- generational families, with net worth from $15 million to many billions of dollars, and include a number of individuals listed in the Forbes 400. Leading publications such as The Wall Street Journal, Forbes, Business Week, MSN Money, Private Wealth magazine and Financial Advisor magazine have quoted Bobbi frequently on various family office and estate planning topics. A member of the American College of Trust and Estate Counsel (ACTEC), Bobbi has also taught legal research and writing at Harvard Law School. She received her J.D., from Harvard Law School. 5 KIM KAMIN, Gresham Partners, LLC, Chicago. Kim joined Gresham after spending many years as a practicing attorney who counseled families regarding the preservation and transfer of their wealth over multiple generations. In her role at Gresham, Kim leads the development and implementation of estate, wealth transfer, philanthropic, education and fiduciary planning activities, advising clients and speaking and writing on topics related to managing multi-generational wealth. During her legal career, Kim advised clients on a wide array of entity restructuring, succession planning, trust and estate administration, asset protection and philanthropic issues. She also represented wealth owners, beneficiaries, fiduciaries and custodians in contested matters and served as counsel for the formation and operation of not-for-profit entities. Kim is a frequent speaker at national conferences and a contributor to publications that focus on preserving, growing, managing and transferring wealth. Kim received her J.D., from the University of Chicago Law School RANDY J. CURATO, Alas, Los Angeles. Randy counsels and educates lawyers on ethics, professional responsibility, and avoiding malpractice in his role as Vice President—Senior Loss Prevention Counsel for Alas. He also speaks regularly at outside conferences and programs on ethics and professional responsibility. Prior to joining ALAS, Randy was a partner at Bell, Boyd & Lloyd LLP in Chicago for 18 years. While at Bell Boyd, he handled litigation, arbitration, and trials of commercial, real estate, environmental, probate, product liability, professional malpractice, and contract cases. Randy started his practice with Wildman, Harrold, Allen & Dixon LLP in Chicago, where he handled litigation matters. Randy is a member of the American and Chicago Bar Associations, and serves on the advisory board of the Working Group on Legal Opinions. Randy received his JD, from the University of Notre Dame Law School. 6 BRUCE STONE, Goldman Felcoski & Stone P.A., Florida, is a shareholder of the firm. His practice consists primarily of estate planning for both domestic and foreign clients. A significant portion of his practice involves disputed or complex problem situations in which he is retained to find creative planning solutions or to serve as expert witness, mediator or arbitrator. Bruce is admitted to practice in Florida. Bruce is a Fellow and Past President of the American College of Trust and Estate Counsel. He is a past chair of the Real Property, Probate and Trust Law Section of The Florida Bar. Bruce is chair of the Joint Editorial Board for Uniform Trust and Estate Acts, which monitors and recommends updates to the Uniform Probate Code, the Uniform Trust Code, and all other trust and estate related uniform laws on a nationwide basis. He is a member of the Advisory Committee of the Heckerling Institute on Estate Planning. He is an Academician in the International Academy of Estate and Trust Law. In addition to his practice, Bruce is an adjunct professor at the University of Miami School of Law, where he teaches in the graduate masters program in estate planning. He is a frequent lecturer for various organizations. RYAN J. SZCZEPANIK, HARTOG, BAER & HAND, Orinda. Mr. Szczepanik is a Certified Specialist in Estate Planning, Trust and Probate Law, his practice is devoted exclusively to trust and estate litigation. He has tried numerous matters in both California and federal courts. He became a Principal of Hartog, Baer & Hand in 2016. Mr. Szczepanik has presented on trust and estate topics at organizations throughout California and has authored numerous published articles on trust and estate topics. Mr. Szczepanik is a Member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM). He is the Vice President of the East Bay Trusts & Estates Lawyers (EBTEL). He is a delegate to the Conference of California Bar Associations (CCBA). He serves as a Court Appointed Special Master and Referee for the Alameda County Probate Court. Mr. Szczepanik received his J.D., from Emory Law School. 7 JONNA THOMAS is a vice president and senior fiduciary advisory specialist located in the Walnut Creek Wells Fargo Private Bank office. She is a State Bar Certified Specialist in Estate Planning, Trust and Probate Law. Ms. Thomas works with clients to integrate fiduciary and investment knowledge into each client’s custom wealth plan. She coordinates with investment strategists to align investments with the client’s goals and values. Based on the particular situation, Ms. Thomas can coordinate a variety of Specialized Wealth Services in order to help grow and protect assets, while working toward the client’s overall wealth management goals.
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