This Just In...

NAEPC Journal of Estate & Tax Planning, 4th Quarter 2012 Edition Released
Members of affiliated local councils eligible to a purchase video teleconference co-hosted with the Society of FSP, "The Uniform Prudent Investor Act and Trust-Owned Life Insurance: The Impossible Dream or a Match Made in Heaven"

Message from the President

PhotoJoanna Averett, MBA, CFP®, AIF®, AEP®
First American Trust
San Bernardino, California

Dear Friends:

As my year as your association president begins, I would like to thank you, on behalf of the entire NAEPC Board, for what you do to contribute to the estate planning profession! The local councils are a perfect place to foster teamwork, encourage networking, and provide educational opportunities to make us better equipped to serve the estate planning needs of the public.

As your association of choice, we are here to assist you and your council by providing meaningful benefits, two of the many include:

  • The best multi-disciplinary estate planning conference available! Two full days of top-notch technical training as well as a day of leadership, specifically geared to share ideas and bring council leaders up to date on the benefits of affiliation with NAEPC. (Itís not to early to plan on attending our 50th Annual Conference and celebration that will be held Nov 20-22, 2013 in Las Vegas!)
     
  • Access to the national website, www.naepc.org, which provides updated information on all benefits available to affiliated local councils and their members. If you havenít visited the site in a while, please make a point to see whatís new!

In closing, I want to thank Clark McCleary for his leadership as president for the 2012 year, as well as Joe Falanga and John OíMeara who are retiring from the board. Their dedication and service are truly appreciated.

I look forward to serving as your president in the upcoming year, and in the spirit of the holiday season wish you peace, health, and happiness.

Signature
 

Who Are We?

Reflections on the Values of NAEPC...
The late Justice Cardozo of the Supreme Court of the United States, then speaking as Judge Cardozo of the New York Court of Appeals, made the following, now classic, statement: "Many forms of conduct permissible in a workaday world for those acting at arms length, are forbidden to those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market-place. Not honesty alone but the punctilio of an honor the most sensitive is then the standard of behavior. As to this there has developed a tradition that is unbending and inveterate. Uncompromising rigidity has been the attitude of courts of equality when petitioned to undermine the rule of undivided loyalty by the "disintegrating erosion" of particular exceptions. Only thus has the level of conduct for fiduciaries been kept at a level higher than that trodden by the crowd. It will not consciously be lowered by any judgment of this court."
 

NAEPC National Website

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49th Annual Conference

The 49th Annual Conference kicked off on Wednesday, November 7, 2012 with Council Leadership Day. 111 estate planning council leaders from across the country attended this day of information sharing and development. While the morning sessions are devoted to NAEPC's Annual Meeting, the remainder of the day focuses on enhancing the effectiveness of local councils. Delegates have the opportunity to share ideas with representatives from councils of similar size.

Two full days of technical education followed during which nationally recognized experts offered valuable continuing education for participants. The sessions qualified for continuing education credit for the various disciplines represented at the conference. As always, the conference featured a robust companion program! Registered companions attended activities such as the Richard Petty Driving Experience, a trip to the Kennedy Space Center, and a behind the scenes tour of Disney World.

As quickly as the 49th Annual Conference passed, the 50th Annual Conference will be here! Please plan on joining us from November 20-22, 2013 in Las Vegas. The hosting property, Cosmopolitan of Las Vegas, is one of the newest venues in this exciting location. Needless to say, the combination of world class entertainment and warm weather will make this conference a perfect opportunity to plan a family vacation or some extra time away. The website will be updated as new information arrives—check back often.

NAEPC Journal of Estate & Tax Planning Editor's Report

PhotoCharles V. Douglas, JD, CFP®, AEP®
Atlanta, Georgia

I am delighted to announce the release of the final issue of the NAEPC Journal of Estate & Tax Planning in 2012! Please take some time to review all of the articles found online at www.NAEPCJournal.org, including "Cutting Edge Estate Planning Ideas—What Have I Learned From My Colleagues?", prepared by 49th Annual Conference presenter Diana S.C. Zeydel, JD, LL.M.

I would be remiss if I didn't take a moment to thank the members of the Journal Advisory Board for their time, energy, and talent during 2012:

  • Charles D. Fox, IV, A.B., M.A., JD, AEP® (Distinguished)
  • Sidney Kess, CPA, JD, LL.M., AEP® (Distinguished)
  • Al W. King, III, JD, LL.M., AEP® (Distinguished)
  • Stephan R. Leimberg, JD, AEP® (Distinguished)
  • Jonathan A. Mintz, JD
  • Rich Santos

Accredited Estate Planner® Designation Information

PhotoM. Eileen Dougherty, CTFA, CFP®, AEP®, ChFC®
Hawthorne - PNC Family Wealth
Philadelphia
, PA

 

 

What a year it has been! I would like to take a moment to touch on a few highlights from 2012, including:

  • Over 125 new applicants in 2012
  • 1,650+ active designees
  • A successful private session at the 49th Annual Conference just for active designees
  • Committee growth and active involvement, the key to a dynamic designation program!
  • Review of disciplinary history policy in light of changing trends in the profession
  • Revisions to the designation application to better quantify "active engagement" in estate planning
  • Promotion of the council nomination program for the designation
  • Ongoing review of qualifying coursework for the designation
  • Enhancements to the AEP® consumer tri-fold brochure

With the close of 2012 upon us, I hope you will make 2013 the year in which you choose to attain the Accredited Estate Planner® designation! A graduate level accreditation in estate planning, obtained in addition to already recognized professional credentials within the various disciplines that make up estate planning (attorneys, accountants, insurance and financial planners and trust officers), make this the designation of choice for estate planning professionals! The only multi-disciplinary designation in estate planning, it is awarded to estate planning professionals who meet special requirements of education, experience, knowledge, professional reputation, and character. See more details and download an application form.

Why should you earn the AEP® designation?

  • Gain a competitive edge...success requires setting yourself apart from the competition
  • Give the public a way to identify you as a qualified professional estate planner who has the expertise and experience necessary to handle complex estate planning and/or business succession needs
  • Acquire access to potential clients through our national searchable database
  • Tap into the resources of the NAEPC and special members' only benefits
  • Expand your networking opportunities with other estate planning professionals from across the country by attending our annual national conference and earn all of your estate planning hours required to keep the AEP® designation active and in good standing

NAEPC would like to congratulate the newest Accredited Estate Planner® designees:

David S. Bahnick, CLU®, ChFC®, AEP® Center Valley, PA
Robert M. Black, CLU®, ChFC®, AEP® Cranford, NJ
Matthew K. Brenneman, CFP®, CLU®, ChFC®, CASL®, REBC®, CAP®, AEP® Wilmington, NC
Leo J. Cushing, JD, CPA, LL.M. (taxation), AEP® Waltham, MA
Carl F. Domingue, CFP®, CAP®, AEP® Newark, NJ
Gary H. Friedenberg, JD, LL.M. (taxation), LL.M. (corporate law), CPA, AEP® Garden City, NY
Joseph H. Guyton, CLU®, CLTC, AEP® Hampton Falls, NH
Ryan T. Haag, CFP®, CLU®, ChFC®, RHU, REBL, LUTCF, AEP® Edina, MN
Melissa S. Haynal, CTFA, AEP® Bentonville, AR
Charles E. Heath, CPA, AEP® Stuart, FL
Kristen M. Jackson, JD, CPA, AEP® Orlando, FL
Mark D. Masters, JD, AEP® Englewood, CO
Jay M. Pabian, JD, LL.M. (taxation), AEP® Boston, MA
Thomas E. Pruner, Jr., CPA/PFS, CFP®, AEP® Sioux Falls, SD
Glen Reyburn, ChFC®, AEP® West Chester, PA
Susan Patricia Rounds, JD, CPA, LL.M. (taxation), AEP® Atlanta, GA
Ronald A. Sages, CTFA, CFP®, AEP® Greenwich, CT
Aviva E. Sapers, CLU®, ChFC®, CLTC, AEP® Newton, MA
Gail F. Smith, CLU®, LUTCF, AEP® Birmingham, AL
William G. Speciale, JD, MST, AEP® Boston, MA
Nicholas L. Stameroff, CPA, MBA (taxation), AEP® Santa Rosa, CA
Kimberly Leander Turner, CFP®, ChFC®, AEP® Melbourne, FL
James Edward Zimmerman, CFP®, CLU®, AEP® Plano, TX

Member Benefits, Programs & Services

NAEPC strives to offer our designees, councils, and the affiliated local council membership high-quality benefits, programs and services at value pricing. We continually look for opportunities that will enhance the value of your membership and make your practice more efficient.

The Member Benefits Committee is pleased to announce additional services and benefits added during 2012:

  • My Perfect Will
  • CrummeyService
  • The Oswald Company
  • Wall Street Cards
  • WealthManagement.com
  • International Genealogical Search
  • My Personal Data Safe
  • CareBinders a/k/a CBData
  • Lawgic
  • American Dream Planner
  • Ultimate Estate Planner
  • BizActions
  • LifeBio
  • Fiserve
  • Loring & Rounds

The Member Benefits Committee is also charged with reviewing and accepting applications for the Online Speaker's Bureau, a resource available to the leadership of affiliated local councils when assistance / referrals are needed for programming. The following speakers were accepted during 2012: Bill Boersma, CLU®, LIC; Michael A Gregory, ASA, CVA; Laura Malone, CAP; Eido M. Walny, JD, EPLS, AEP®; Leonard Weiner, JD, CPA, MBA, AEP®; Mark C. Hartnett, JD, CFP®, AEP®; and Alice L. Rokahr.

Featured Benefits

The Uniform Prudent Investor Act and Trust-Owned Life Insurance: The Impossible Dream or a Match Made in Heaven—special video teleconference co-hosted with Society of FSP

The Uniform Prudent Investor Act (UPIA) imposes a duty on all trustees/fiduciaries to manage, monitor, and evaluate assets and investments under their care for the benefit of the beneficiaries of the trust, a duty which also applies to Trust-Owned Life Insurance (TOLI). Despite numerous professional articles pointing out the applicability of UPIA to Trust-Owned Life Insurance (TOLI), the vast majority of trustees/fiduciaries have not applied these statutes uniformly with respect to TOLI. This program, which references the Stuart Cochran Irrevocable Trust v. KeyBank, N.A. case, examines the risk management of life insurance. It identifies the techniques and resources available to trustees to evaluate permanent life insurance policies and reviews UPIA and its applicability to TOLI. The program also examines the nature and explains the pricing elements of life insurance and the most common types of permanent life insurance policies, their reliability and usefulness, and the problems associated with "comparing apples to oranges." Attendees will look at the process of creating benchmarks for permanent life insurance policies, review various evaluation methods available to comply with UPIA, the pros and cons of each, and whether or not these systems meet the "dispute defensible" test for the fiduciary and avoid allegations of predatory practices. The program was moderated by NAEPC past president Gary L. Flotron, MBA, CLU, ChFC, AEP and expert panelists were Lawrence Brody, JD, LLM, AEP, Richard A. Schwartz, FSZ, MAAA, CLU, Richard M. Weber, MBA, CLU, AEP®, and E. Randolph Whitelaw.

The 2-hour panel discussion and related workbook can be purchased separately at the member rate of $99 by visiting http://www.financialpro.org/public/vtc_order.cfm?disc=naepc12.

AICPA Advanced Personal Financial Planning Conference
January 21-23, 2013 - Aria Resort & Casino - Las Vegas, NV

Don't miss the first comprehensive conference to address 2013 post-election issues. Industry experts provide insights on the impact of tax and legislative changes.

Experts provide the most up-to-date strategies and real-world examples to utilize for your own client situations

Learn new ways to manage client relationships through uncertain times and a turbulent economy

NAEPC members are entitled to a $100 discount on the registration fee by using coupon code "NAEPCPFP". See more information to download a brochure and registration links.

New Benefits

Fiserv Investment Services
New Planning Solutions! Fiserv Financial Advice Management

Financial Advice Management (FAM) is a best-in-class technology suite designed to offer estate planners and financial advisors a robust platform of financial and estate planning tools, needs analysis, client management features, retirement income calculators, investment analytics, portfolio construction, asset allocation solutions, and proposal generation tools. Fiserv's comprehensive planning capabilities combined with ease-of-use technology reflects a deep understanding of the changing needs of financial advisors and estate planners and the future direction of financial advice.

Financial Advice Management from Fiserv includes the award-winning financial & estate planning application, AdvisorVision; an investment analytics & proposal system, Proposal Generation Manager (PGM); and its newly released retirement income solution, Retirement Illustrator (RI).

NAEPC members receive an exclusive 20% discount on the purchase or renewal of the following products:

  • AdvisorVision - Comprehensive Planning Edition $1200 ($300 in savings!)
  • AdvisorVision - Retirement Income Edition $600 ($150 off retail price)
  • Proposal Generation Manager $800 (save $200)
  • Retirement Illustrator $640 (discount of $160)

My Personal DataSafe LLC
My Personal DataSafe, the Nation's Most Comprehensive System for Sharing and Managing Client Information

My Personal DataSafe is a revolutionary patent-pending personal information (PIM) software that enables you to always be well informed with up-to-date client information.

Collaborate with your clients, their accountants, financial advisors or any of their other professionals through our encrypted online site providing you the ability to be working from the same information at the same time. Share electronic copies of last will and living trusts with clients providing them 24/7 access to their important documents.

How Can My Personal DataSafe Help Your Business?
My Personal DataSafe is a "must have" resource for accelerating new client acquisition, enhancing current client retention and increasing client satisfaction.

  • Provide clients peace of mind
  • Differentiate from your competitors
  • Immediate access to updates so you can anticipate critical client needs
  • Reduce infrastructure and management
  • Improve communication
  • Reduction in routine tasks, enabling staff to elevate work level
  • Ease of use
  • Mobility
  • Enhanced security

NAEPC members are eligible for a 10% discount on all services.

We are very proud to make the following benefits available to you, the members of our affiliated local councils, at reduced prices or substantial discounts:

  • ABA Book Publishing / The ABA Checklist for Family Heirs
  • Acquire Direct Marketing
  • Advisys
  • AfterSteps
  • American Dream Planner LLC
  • Amicus Creative Media & Legal Vault
  • BizActions LLC
  • Business Valuation Resources, LLC
  • CBData™
  • Charitable Planning Desk Reference for Advisors / Strategic Philanthropy
  • CrummeyService
  • Discuss Directives, LLC - Heart2Heart Workbook & Deck of Cards
  • DocuBank
  • Estate Planning Smarts / Pensworth
  • EstatePlanningBinders.com
  • Family Business Magazine
  • Florida Domicile Handbook
  • International Genealogical Search Inc.
  • Klark Proposal Software
  • Konica Minolta Business Solutions
  • Lawgic, LLC
  • LegacyQuest, LLC
  • Midwest Transaction Group
  • My Perfect Will
  • Oswald Companies Personal Excess Liability
  • Private Wealth Magazine
  • PS Awards
  • Ruby Receptionists
  • Sterling Cut Glass
  • The Ultimate Estate Planner
  • Trusts & Estates
  • Wall Street Cards
  • WealthManagement.com

Please rememberÖ all members must utilize a user name/password to access detailed ordering links and information. If you are an At-large member or member of a council that utilizes passwords on a website hosted by NAEPC, you can use the "I forgot my password" option. Others should contact NAEPC with questions about the appropriate user name/password combination.

The NAEPC Education Foundation Corner

PhotoValentino Sabuco, CFP®, AEP®
Executive Director & Publisher
V.Sabuco@TheNAEPCEF.org
(707) 322-1597

Wishing you and your family a very happy and healthy holiday season and New Year!

For those of you who were able to attend the 49th Annual Conference, it was nice to see you and have an opportunity to share the NAEPC Education Foundation's significant accomplishments for 2012, and to offer a preview of the 2012-2013 Foundation Report. To receive a copy of the newly released 2012 National Estate Planning Awareness Campaign Report & Scrapbook for review and circulation, please click on the following URL or paste into your browser http://www.estateplanninganswers.org/national-financial-awareness-campaigns/2012-nepaw-campaign-report-scrapbook-111612vk/.

We could use some help with our year-end capital campaign. Will you help us by making a donation?

Effort and vision over the last 50 years have built NAEPC into the 'association of choice' for estate planning professionals. The NAEPC Education Foundation is currently hard at work to become the 'foundation of choice' for estate planning professionals as well!

More than six years of planning and thousands of volunteer hours have gone into developing strategic plans and building the necessary infrastructure. Now, your support is sought to raise the capital needed to assemble a skeleton team of highly qualified professionals and support staff to take this vision to the next level.

This capital will be invested to:

  1. Expand and grow the concentrated media campaigns and exposures around the strategic venues of National Financial Literacy Month and National Estate Planning Awareness Week
    1. Annually produce at least two high-quality motivational and educational estate and financial TV production broadcasts for viewing on major networks like Comcast, Verizon, as well as On Demand availability
    2. Develop a quantitative approach to better
      1. Analyze the effects of our concentrated media campaigns and programs on the 120 million+ Americans without current estate plans.
      2. Track donations, planned gifts, bequests, and alternate charitable beneficiary designations on retirement plans and insurance policies to the nonprofit community
  2. Further advance, expand, and manage our publishing efforts by
    1. Developing and adding multimedia and "educational-entertainment" aimed at raising financial awareness and financial literacy to be presented on www.EstatePlanningAnswers.org 
    2. Adding digital/e-learning elements to our print, eBooks and tools
  3. Assemble and launch the Foundation's Knowledge Community™ as a professional portal and platform for AEP designees, NAEPC members, and other professionals to
    1. Provide timely information and tools
    2. Provide cost-effective continuing education programs
    3. Open up and provide better communications and access to high quality content, tools, and services
    4. Encourage the 'team approach' to estate and financial planning
  4. Attract additional funding for education scholarships that will be provided to deserving students entering the estate and financial service professions
  5. Support and complete other projects as deemed appropriate

We cannot do this alone; we need and welcome your assistance and support.

As a 501(c)(3) nonprofit organization, The NAEPC Education Foundation generates operating resources to implement its programs through fees from the annual conference, publications, and from generous grants, donations, and contributions of time and intellectual property from dedicated NAEPC members, philanthropists, and other interested parties.

To date we have received contributions from 7 affiliated local estate planning councils and 44 NAEPC members, a full list can be seen at http://www.naepc.org/foundation_contributors.web.

Our goal is to earn the support and assistance from 100% of NAEPCs 230 affiliated local estate planning councils and their 27,000 members. Please help us get this done by making a generous contribution from your council, as an individual, and by asking your colleagues to help support us in a way that is appropriate for them. To make a much needed contribution, please click on the following URL or paste into your browser https://www.naepc.org/foundation_contribute.web.

This is a winning proposition! Donors and supporters will receive visibility and recognition, listed as donors and supporters on www.NAEPC.org (http://www.naepc.org/foundation_contributors.web) and within the 2013-2014 Foundation Report, which will be placed on http://www.estateplanninganswers.org/about/.

Donations will be used to provide infrastructure and tools to continue increasing financial awareness and financial literacy by educating and motivating the public to take appropriate action that will drive new business to members of NAEPC-affiliated local councils, AEP designees, quality estate and financial planning professionals, and financial service companies. These achievements will make every donor proud.

To learn more about us and how you can make a 'meaningful difference', please contact me directly.

Thank you for your assistance and support on this important endeavor.

With best wishes and highest regards,

Valentino Sabuco
Valentino Sabuco, CFP®, AEP®
Executive Director & Publisher

Estate Planning Law Specialist Designation Information

The Estate Planning Law Specialist (EPLS) designation is available to attorneys and is administered by the Estate Law Specialist Board, Inc., an attorney-run subsidiary of the National Association of Estate Planners & Councils. Attorneys who become board-certified under this program demonstrate a high level of professionalism and commitment to the concept of specialization. This program is currently the only program, other than certain state bar association programs which are only for residents of their particular states, accredited by the American Bar Association to Board-certify attorneys as Estate Planning Law Specialists.

Get Involved!

Talented Volunteers Needed!

NAEPC is a dynamic and growing association comprised of affiliated local estate planning councils, their 27,000 members, and Accredited Estate Planner® designees, led entirely by a volunteer board of directors, a strong committee configuration, and many volunteers serving on an as-needed basis for project-based or task force work. We are always looking to expand our volunteer base and encourage council leaders, council members, and designees to get involved by serving on one or more committee. Visit our website for a list of committees and an application.

Subscription Options

You are receiving this message because of your affiliation with NAEPC or because your local estate planning council asked for its members to be included, no more frequently than six times per year. To unsubscribe from messages like this one, please use the link at the bottom of this message to remove your address from our distribution list.

If you want to receive more frequent and timely communication about the NAEPC and its educational programming and member benefits, please be sure to subscribe for more frequent communications.

National Association of Estate Planners & Councils 1120 Chester Avenue, Suite 470 Cleveland, OH  44114
Phone: (866) 226-2224  ~  Fax: (216) 696-2582  ~  E-Mail: admin@naepc.org


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