2023 Estate Planning & Probate Law Survey Course

THURSDAY, NOVEMBER 2, 2023

8:00 Registration and Continental Breakfast

8:25 Welcome and Introductions

8:30 Wills

Mark J. Hale Jr., Baddour Parker Hine & Hale P.C., Goldsboro

Hear an overview on wills in North Carolina, including the capacity to create a will and requirements for execution.

9:30 Break

9:40 North Carolina Uniform Trust Code

S. Kyle Agee, Johnston Allison & Hord PA, Charlotte

This session reviews the law on trusts in North Carolina, including the North Carolina Uniform Trust Code, and related concepts.

10:40 Break

10:50 Probate Law

Sara Page H. Waugh, Moore & Van Allen PLLC, Charlotte

During this overview on North Carolina probate law, the presenter walks through the process and requirements for dealing with assets in an estate.

11:50 Lunch Break

12:30 Transfer Taxes: Estate, Gift and Generation-Skipping Transfer

James C. "Jim" Purnell V, White & Allen, Kinston

Review the basic rules regarding federal transfer taxes, including estate tax, gift tax and generation-skipping transfer tax. Learn about the calculation of deductions and credits related to the federal estate tax for a decedent's estate; the various available exclusions, exemptions and deductions from gift tax and the valuation of taxable gifts; and the fundamentals of generation-skipping trusts and transfers.

2:00 Break

2:10 Gross Estate and Estate Valuation

Crissy R. Dixon, Craige Jenkins Liipfert & Walker LLP, Winston-Salem

This segment covers generally the types of property and transfers that are includible in the gross estate for federal tax purposes, followed by a review of the general statutory, judicial and administrative treatment of valuation of the gross estate.

3:10 Break

3:20 Partnerships, LLCs and Corporations

Elinor J. "Elie" Foy, Wyrick Robbins Yates & Ponton LLP, Raleigh

Examine the types of business entities available to clients and considerations for choice of entity. This session also discusses various estate tax and probate issues that arise from the death of an owner of a closely held business.

4:20 Break

4:30 Estate Planning With Powers of Attorney, Guardianship and Ward

Linda Funke Johnson, Senter Stephenson & Johnson PA, Fuquay-Varina

This session explores planning opportunities utilizing a power of attorney drafted under the 2018 enactment of N.C.G.S. § 32C. Review the practical application of guardianship law to guardianships located in North Carolina, as well as transfers of guardianships into and out of North Carolina.

5:30 Adjourn for the day

FRIDAY, NOVEMBER 3, 2023

8:00 Continental Breakfast

8:25 Announcements and Introductions

8:30 Charitable Giving

Douglas W. "Doug" Benson, Foundation for the Carolinas, Charlotte

Discuss charitable giving strategies and vehicles, as well as the related tax implications.

9:30 Break

9:40 Fiduciary Income Taxation of Trusts and Estates

Sandi O. Thorman, GreerWalker CPAs & Advisors, Charlotte

Dive into a discussion of fiduciary income taxation, starting with the definitions of fiduciary accounting income (FAI), taxable income, and distributable net income (DNI). The presenter then shares planning ideas to minimize regular tax, alternative minimum tax (AMT), and the 3.8% net investment income tax (NIIT) for both the trust or the estate and the beneficiaries.

10:40 Break

10:50 The Intersection of Elder Law and Estate Planning

Aimee Smith, Craige Jenkins Liipfert & Walker LLP, Winston-Salem

Learn why traditional estate planning documents may not work as intended for your clients facing long-term care and what simple changes you can make to your documents to cover clients concerned about long-term care for themselves or their family members.

11:50 Lunch Break

12:30 The Intersection of Family Law and Estate Planning

Jessica B. Heffner, Wyrick Robbins Yates & Ponton LLP, Raleigh

Estate planning and family law can overlap in many situations since both practice areas involve spouses, money and death. Many myths and misconceptions surround the topic of separation and divorce, making the process even more difficult. This presentation covers 10 things estate planning lawyers should know about family law.

1:30 Break

1:40 Retirement Benefits and Life Insurance

John R. Cella Jr., Ragsdale Liggett PLLC, Raleigh

Explore planning considerations for retirement benefits, including beneficiary designation forms, naming trusts as a beneficiary, and tax implications resulting from the SECURE Act. Additionally, this session provides a general overview of estate planning and business succession planning opportunities with life insurance, including practical drafting considerations and planning opportunities, such as traditional irrevocable life insurance trusts (ILITs) and buy-sell agreements.

2:40 Adjourn

Description

Designed for individuals who practice or are beginning to practice in the estate planning and probate law areas, the 2023 Estate Planning & Probate Law Survey Course provides an overview of key concepts and discusses practical considerations, planning strategies and opportunities.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

As an attendee at this CLE program, your feedback is important.

Click here to fill out the program evaluation.

Click here to view Forms and CLE Policies, Terms and Conditions.

If paying by check, click here for a printable registration form. Please reference the in-person live program code 287EPC.

Can't attend in person? Please contact us at askcle@ncbar.org or 919.677.0561 to switch your registration to the Live Webcast before the start of the program.

(After the live CLE program begins, you will have real-time access to only the program format for which you are registered — either In-Person Live or Live Webcast — and your registration cannot be switched.)

Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance. Click here for more information about archive videos in our FAQ.