Message from the Chairperson Gregory E. Sellers, CPA, AEP® Wilson Price Montgomery, AL Whew! Tax season is finally over. Most of you non-accountants might not have realized that tax season lasts until mid-October, but those who work with the procrastinators know that they will push their returns down to the wire. All estate planners have those clients...you know, those who never get around to providing you the balance sheet for their financial plan, or those who never sign the will you drafted two years ago, or the customer who just can't push the button to apply for a new life insurance policy. Procrastinators never want to face up to the facts, and then they and their families suffer. Therein lies the reason for National Estate Planning Awareness Week. By heightening awareness of the need for estate planning, NAEPC, local councils, the NAEPC Education Foundation and their Synergistic Partners like the AICPA, ACTEC, Wealth Counsel, the Planned Giving Design Center, and others are making the public aware that there is no better time to "tend to their estate planning business." As a result, AEP® designees should be able to take advantage of the awareness and provide services. The second of our series of articles focusing on estate planning was released in October. With placement on over 750 digital and print media outlets, the readers are directed to visit our public education website, www.estateplanninganswers.org, to find an Accredited Estate Planner®. Be ready to make your move. During this week of estate planning awareness, call on some clients, participate in your local council program, and view some of the free access webinars provided as a benefit for your membership. Oh, and by the way, if you have not already signed up for the conference, consider this as your personal invitation. In a recent survey of new AEP® designees, the overwhelming desired benefit of the designation was to obtain quality, affordable estate planning education and networking opportunities. There will be three days loaded with those opportunities in San Antonio. Remember that there is a special educational session only for AEP® designees to help train us on leveraging our designation to get more clients. Plus, there will be plenty of entertainment on the river. Don't miss the boat! I will see you there. Sincerely, Greg We congratulate those new AEP® designees and celebrate with them their accomplishment: Turney P. Berry, JD, AEP® – Louisville, KY Steven Craig Boltz, CFP®, AEP® –Indianapolis, IN Michael P. Butterworth, ChFC®, CLU®, RHV, CFBS, AEP® – Reading, PA George Wakefield Buxton, JD, LL.M. (estate planning), AEP® – Urbanna, VA David B. Cohen, CPA, MST, AEP® – San Diego, CA John Tidwell Cozart, CLU®, ChFC®, AEP® – Houston, TX John A. Dube, CFP®, MBA, RFC®, AEP® – Las Vegas, NV A. Christopher Engle, LUTCF, CFP®, ChFC®, AEP® – Ada, MI Robert T. Gardner, JD, LL.M., AEP® – Birmingham, AL Jonathan Gassman, CPA, CFP®, CAP®, AEP® – New York, NY Timberly V. Grout, CTFA, AEP® – Springfield, MA Caryn B. Keppler, JD, EPLS, AEP® – New York, NY Randall T. Lehman, CLU®, ChFC®, AEP® – Fort Wayne, IN John R. Mickelson, ChFC®, LUTCF, AEP® – Logan, UT David B. Miller, CLU®, ChFC®, AEP® – Montgomery, AL N. William O'Keefe, CLU®, ChFC®, LIC, AEP® – St. Clair Shores, MI Charles L. Parker, Jr., CFP®, AEP® – Houston, TX Parag P. Patel, JD, LL.M. (tax), EPLS, AEP® – Iselin, NJ Martin L. Pierce, JD, EPLS, AEP® Hixson, TN John Silvers, LUTCF, RHU, REBC, CLU®, ChFC®, AEP® – Columbia, SC Ronald T. Staebell, CLU®, ChFC®, MSFS, CASL, LUTCF, AEP® – Sioux Falls, SD Louis C. Tomasella, JD, AEP® – Hackensack, NJ Michelle H. Tucker, JD, EPLS, CPA/PFS, AEP® – Honolulu, HI Paul S. Viren, CLU®, ChFC®, AEP® – Spokane, WA David L. Weinstock, CPA, AEP® – New York, NY

In This Issue OCT 2011 Message from the Chairperson National Estate Planning Awareness Week 2011 Educational Webinar The Technical Corner 48th Annual Conference Subscription Options NAEPC National Website

National Estate Planning Awareness Week 2011

October 17 - 23, 2011 is finally here, and we have an exciting week planned for you!

A full media kit is now available if you would like to join in the promotion of this important event—visit our website for a copy of the entire set of materials.

October 19, 2011 • 11:00 am - 12:30 pm ET (presented with RV 4 The Cause and AICPA PFP Division)
Professional Webinar: Top Reasons Why Your Individual Clients Should be Seeking Your Advice on Financial and Estate Planning Considerations - COMPLIMENTARY without CE credit
Moderated by: NEPAW 2011 Co-chair Sidney Kess
Panelists: Lyle Benson, Dan Daniels, Jeremiah Doyle, Jacqueline Patterson, Martin Shenkman & Steve Siegel
Register online.

October 19, 2011 • 3:00 pm ET (presented by RV 4 The Cause and PESI)
Professional Webinar: "Role of the Care Manager in Estate Planning for Clients Living with Chronic Illness"
Presented by: Martin M. Shenkman, CPA, PFS, MBA, JD, AEP®
Members are eligible for a $20 discount by using code "NAEPC20"
Register online.

Educational Webinar, Nov. 2, 2011

The Domestic Asset Protection Trust:
Combining It with the Double LLC offered with the Society of FSP

Program Date:  November 2, 2011 - 12:00 noon - 1:00 pm ET

Program Overview
Asset protection has become one of the hottest areas of practice for estate planners. The Domestic Asset Protection Trust has become one of the leading asset protection vehicles. The speaker will describe how this works and which states are best. Read more.

Featured Speaker:
Steven J. Oshins is a member of the Law Offices of Oshins & Associates, LLC in Las Vegas, Nevada. He is rated AV by the Martindale-Hubbell Law Directory and is listed in The Best Lawyers in America®. He was voted into the NAEPC Estate Planning Hall of Fame® and will be inducted in 2011. He has been named one of the Top 100 Attorneys in Worth and received the highest ratings from numerous other professional publications.

The Technical Corner

Please enjoy the following excerpts from two articles written by Professor Jeffrey N. Pennell, Emory University School of Law, and appearing for the first time in the recently released 3rd Quarter edition of the NAEPC Journal of Estate & Tax Planning.

Thoughts About Planning in Uncertain Times

Thinking back to the 2001 legislative changes (the “Mendacity Tax Act”), we entered a flat tax estate and generation-skipping transfer tax environment in January 2006 when the applicable exclusion amount became $2.0 million. When that occurred several hoary old estate planning notions became bankrupt. For example, as shown in note 11 at page 16, estate freezing became yesterday’s game, although several closely related planning opportunities remain (such as payment of tax early, using dollars that are fixed in value, to shelter the growth in other assets, as illustrated in the half-hot example at page 14).

Read complete article.

A Present (Prescient) Look at the Future of Everyday Estate Planning

This crystal-ball-gazing session is informed by three distinct subjects. The first is the current and continuing uncertainty in the law that affects estate planning today. Will Congress act before January 1, 2013 to prevent the scheduled reversion of the law to its status in 2001? Might we expect some last minute (or later than last minute but retroactive) change that makes permanent any part of the current provisions — especially including those that were adopted as part of the 2010 compromise tax agreement? Having been totally surprised by the Obama administration’s compromise in the December 2010 legislation, predictions seem pretty foolhardy at this time, so on this prognostication you’re pretty much on your own. At a minimum, it seems unlikely that the Obama administration will be willing or able to put its thumb on the scale during a lame duck session following the 2012 presidential election.

For what little it is worth, surveys of estate planners show that most believe that the status quo — a 35% flat rate, a $5 million exclusion amount that applies for gift and estate tax purposes, and portability — all will remain in the law. That prevailing wisdom may reflect a lack of imagination or historical memory. It may reveal a lack of cynicism about the legislative process. Or it may predict a lack of political ambition on the part of Congress. If I had to bet I would put even odds on Congress doing nothing before January 1, 2013, with the law reverting to the $1 million level and a 55% rate, followed by Congress acting sometime in 2014 to retroactively make permanent the two things that it did in December of 2010 that I anticipate are toothpaste that is out of the tube and cannot be reversed, being the $5 million exclusion and portability.

Read complete article.

48th Annual Conference

The NAEPC / The NAEPC Education Foundation 48th Annual Conference is scheduled from November 16 - 18, 2011 in historic San Antonio, Texas—don't miss your chance to attend! The full registration brochure, online reservation links, and general information can be found at www.naepc.org/convention.web.

The NAEPC / The NAEPC Education Foundation annual conference is fast becoming the "go-to" event for estate planners throughout the country! Our exciting line-up of nationally-recognized speakers, coupled with a fabulous location on the River Walk and incredibly competitive registration and guest room fees, make the 48th Annual Conference an event that is not to be missed. With the addition of national continuing education credit in 2009*, the event has become a signature program within the estate planning community.

It's not too early to plan for 2012...the 49th Annual Conference will take place November 7 - 9, 2012 in Orlando, Florida.

* Continuing education credit will be available for AEP® designees and will be requested nationwide for accountants, insurance professionals, attorneys, Certified Financial Planners® and Certified Trust and Financial Advisors. Approval status can be found online at www.naepc.org.

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