NAEPC National Association of
Estate Planners & Councils

The Association of Choice for Estate Planning Professionals
February, 2015
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Message from the President


Jordon N. Rosen, CPA, MST, AEP®
Belfint, Lyons & Shuman, PA
Wilmington, Delaware

Greetings from NAEPC. With 2014 in the books, I am ready to enter my 37th tax season, which may be one of the most challenging yet. Congress, of course, has not made it any easier with its last minute legislation effectively reinstating many "extenders", and let's not forget that most of the provisions of the Affordable Care Act are now fully effective and we are still trying to get our arms around the Section 1411 Net Investment Income Tax regulations.

Although I dub every tax act as the "Accountant's Continuous Employment Act", I realize that I can't be everything to everyone and need to work in tandem with other estate, trust, financial and income tax professionals to consistently provide the highest value to my clients. Teaming ensures that all of the client's advisors are on the same page and working toward the same goal. This multi-disciplinary teaming approach was the theme at last year's Annual Conference and will continue to be emphasized throughout this coming year through articles and publications posted on our "Guide to Teaming" tab.

Didn't get to the 51st Annual Estate Planning Conference last year in San Antonio? Don't fret. Many of our speakers will be featured as part of the Robert G. Alexander Webinar Series, covering up-to-date planning techniques and sharing their insights on the impact of IRS rulings, court cases and pending legislation. It's easy to obtain more information about upcoming programs and to register on our website.

If you haven't visited, I encourage you to take a few minutes and do so. It tells the story of who we are and what we are doing for our member councils and the benefits that individuals have by virtue of being a part of the organization. If you are a council leader (or if you're not, please encourage them), consider taking a few minutes during one of your next monthly meetings to go through the web site with your members so they can see all of the benefits we offer, including access to publications, articles, programs and services and how they can obtain the AEP® designation.

Finally, in the rest of this edition of NAEPC News you will read about what our committees are hard at work on to better serve your council and individual members. If you have any questions, need more information, or would like to get involved on a committee, I encourage you to call or email us.

Best wishes and for my accounting colleagues, many happy returns!

Who Are We?
by Robert E. Fox, CLU, AEP®
I have been obsessed with the similarity, in essence, between what Justice Samuel Putnam (Supreme Court of Massachusetts, Harvard College V. Amory, 1830) said when he, in effect, created the Prudent Man Rule. He said "Do what you will, the capital is at hazard." The Prudent Man Rule: All that can be required of a trustee is to invest, is, that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion, and intelligence manage their own affairs not in regard to speculation, but in the permanent disposition of their funds, considering the probably income, as well as the probably safety of the capital to be invested.

Now look at Justice Cardozo, then speaking for the New York Court of Appeals: "A trustee is held to something stricter than the morals of the marketplace. Not honesty alone, but the punctilio of an honor is then the standard of behavior. Only thus has the level of conduct for fiduciaries been kept higher than that trodden by the crowd, it will not consciously be lowered by any judgment of this court." Those of us who went through the CLU 10-part testing may well remember this.

Now, we see the similarity of Justice Putnam's decision and Justice Cardozo's? The morality required of us as fiduciaries, agents, sales people, CPAs, trust officers, and attorneys binds us all and is the essence of the AEP® designation and membership in NAEPC.

I'm proud that after my name is "CLU, AEP®."




NAEPC National Website



52nd Annual Conference

Add the 52nd Annual Conference to your Outlook calendar.

Please plan early to join us for another great Annual Conference to be held on November 18-20, 2015, at the Omni Amelia Island Plantation in Amelia Island, FL. We have lined up some of the best and brightest minds in estate planning to make impactful presentations on the most recent developments in the areas of estate, tax, trust, insurance and financial planning. The Annual Conference is a great way to receive up to 15 hours of continuing education credit as well. Attendees will come away with specific strategies for putting advance planning concepts into practice in a multi-disciplinary team environment.

Our schedule, speakers, and topics are still being firmed up and will be posted online soon.

Set in the Sea Island chain, Amelia Island was Florida's first luxury tourist destination and it is still winning awards today. Amelia Island is treasured for its long stretches of quiet beaches, natural beauty, unique history, and charming character.

If you haven't been to the newly re-imagined Omni Amelia Island Plantation, you are in for a treat! Your experience will begin as soon as you walk into the renovated lobby or your spacious accommodations with sweeping panoramic views of the Atlantic Ocean. The hotel offers an exceptional spa, award-winning kids' camp and Nature Center, both of which offer supervised activities, and three Audubon International Certified Sanctuary golf courses. You may also choose to exit the hotel and experience the beauty of your surroundings by strolling 3.5 miles of pristine beaches or spending an afternoon kayaking and paddle boarding through Amelia Island's preserved marshlands.

Mark your calendar today, and don't miss this exciting opportunity to learn with other estate planning professionals and relax in the natural beauty of Amelia Island. Why not consider making it a family vacation?

We look forward to seeing you in Amelia Island in November! In the interim, watch our website for more details. Speakers and topics will be updated soon and a save-the-date brochure is available now!

52nd Annual Conference Speaker Highlight

Steve R. Akers, JD, AEP® (Distinguished)  is a Managing Director with Bessemer Trust in Dallas, Texas, where he is Senior Fiduciary Counsel, Southwest Region.

Mr. Akers is a member of the Advisory Committee to the University of Miami Philip E. Heckerling Institute on Estate Planning and is a frequent speaker at that Institute, as well as other estate planning seminars across the country. He is a past Chair of the American Bar Association’s Section of Real Property, Trust & Estate Law and continues to serve on various committees of that Section. He is a Fellow of the American College of Trust and Estate Counsel, and currently serves as a member of the Executive Committee, Regent, and Chair of the Business Planning Committee. He is a past editor of the ACTEC Law Journal. He is also a past Chair of the State Bar of Texas Real Estate, Probate and Trust Law Section and of the Dallas Bar Probate, Trusts and Estates Section. He is a co-author of A Planning Guide to Buy-Sell Agreements and Estate Planning After the Tax Relief and Job Creation Action Act of 2010.

Mr. Akers will be presenting a special session just for active Accredited Estate Planner® designees on Thursday, November 19th!

Upcoming Webinars in the
Robert G. Alexander Webinar Series

Next Program

February 11, 2015 - 3:00 pm - 4:00 pm ET
Sophisticated Drafting and Administration Issues for Special Needs Trusts
Bernard A. Krooks, JD, CPA, LL.M., CELA, AEP® (Distinguished) - Littman Krooks LLP

Special Needs Trusts are often an important component of an estate plan for an individual with special needs and his or her family. Knowing which type of Special Needs Trust (SNT) to utilize is only part of the solution. In this webinar, Bernard A. Krooks will review the drafting issues you will need to consider in order to ensure that the SNT offers the greatest amount of protection and the most flexibility for the intended beneficiary. In addition, Mr. Krooks will review significant issues which arise during the administration of many SNTs. These issues, if not properly addressed, can result in the loss or reduction of public benefits for the beneficiary.

Bernard A. Krooks is a founding partner of the law firm Littman Krooks LLP, chair of its elder law and special needs department, and is a nationally-recognized expert in all aspects of elder law and special needs planning. He is past president of the Special Needs Alliance, a national, invitation-only, not-for-profit organization dedicated to assisting families with special needs planning. Mr. Krooks is past president and fellow of the National Academy of Elder Law Attorneys, past chair of its tax section and past editor-in-chief of NAELA News, as well as a founding member and past president of its New York chapter and in 2008 received the chapter's Outstanding Achievement Award for his lifelong work on behalf of seniors and those with disabilities. Krooks is past chair of the elder law section of the New York State Bar Association and past editor-in-chief of its newsletter, the Elder Law Attorney. He is also a member of the trusts and estates law and tax sections of the New York State Bar Association and co-authored the chapter entitled "Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning, Including Transfer of Assets, Supplemental Needs Trusts & Protection of Disabled Family Members" of its publication Guardianship Practice in New York State and its publication Elder Law, Special Needs Planning and Will Drafting. He serves on the editorial boards of Exceptional Parent Magazine, Trusts & Estates magazine, and Leimberg Information Services. Krooks, a sought-after expert on elder law, special needs planning and estate planning matters, has been quoted in many national publications, has presented at national educational conferences, has testified before the United States House of Representatives and the New York City Council on long-term care issues, and has appeared on many radio and national television programs. Krooks is past president of the Estate Planning Council of Westchester, serves on the advisory board of The NAEPC Education Foundation, and is a member of the New York City and Hudson Valley Estate Planning Councils.

Register Here

Upcoming Programs

March 18, 2015
Basis Planning
John J. Scroggin, JD, LL.M., AEP® - Scroggin & Company, P.C.

For decades the primary tax focus of estate planning has been in the minimization of transfer tax costs. For over 99% of Americans, the passage of ATRA shifted the tax focus of estate planning to income tax planning and tax basis planning. Jeff Scroggin will discuss some of the practical traps and opportunities in planning for the basis of assets, including pre-mortem basis planning, planning for loss assets and why many of the previous techniques clients previously adopted have pivoted 180 degrees.

John J. ("Jeff") Scroggin has practiced as a business, tax and estate planning attorney in Atlanta for 36 years. Jeff serves as a member of the board of directors of the University of Florida College of Law and as a founding trustee of the University of Florida College of Law Tax Institute. Jeff served on the board of directors of the NAEPC from 2002 to 2010 and was founding editor of the NAEPC Journal of Estate and Tax Planning from 2006-2011. He was co-editor of CCH's Practical Estate Planning from 2004 to 2006. Jeff is the author of over 250 published articles, white papers and books. Jeff has been quoted extensively, including 8 times in the Wall Street Journal, on CHH Headline, National Public Radio, the New York Times, Fortune, Forbes, Kiplinger's, Money, the International Herald Tribune, the Chicago Tribune, The South China Post, The LA Times, Newsday, and the Miami Herald.

Register Here

Continuing Education Credit

Continuing education credit will be available at each webinar for Accredited Estate Planner® designees. In addition, a certificate of completion will be made available for those professionals who feel the program satisfies their continuing education requirements and are able to self-file. Councils may also file the program in their home state for programs offered in a group setting.

Registration Fees

  • $40 / Accredited Estate Planner® designee (dues must be current at the time of registration)
  • $60 / member of an affiliated local estate planning council or at-large member of NAEPC
  • $100 / individual non-member
  • $250 / council meeting or group gathering (council dues must be current at the time of registration)

Member Benefits & Discount Programs

All members of affiliated local councils have access to a growing and diverse offering of benefits provided through the council's affiliation with NAEPC, a list of which appears below. You are encouraged to visit to take a look today. As you browse, please remember that some benefits are password protected. For these special benefits 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.

Existing Benefits

NAEPC Journal of Estate & Tax Planning
Your Online Resource for Multi-Disciplinary Information

The mission of the NAEPC Journal of Estate & Tax Planning is to provide a best-in-class library of thought leadership on estate and tax planning. We search for the best-of-the-best writing on topics relevant to all of the disciplines that make up the estate planning community. Our core providers include notable sources such as Leimberg Information Services, Trusts and Estates Magazine, Commerce Clearing House, and others. Many articles on our website are authored by members of the Estate Planning Hall of Fame® and AEP® designees who are writing on current, emerging, and foundational topics. Some articles are written especially for the NAEPC Journal and are included as the Editor's or Guest Editor's piece. Our most recent Editor's post analyzes the legal effects of Joan Rivers' bi-coastal will and is entitled, Death and Domicile-No Joking Matter.

Featured articles are often revised or updated for the NAEPC Journal and some submissions come to us from surprising new sources. In sum, we look for writings that will provide thought leadership, guidance, and direction. Our readers often report that the Journal's articles serve as go-to resources that are helpful time and time again.

Access to the Journal remains FREE. You can get to the Journal from the "Quick Links" section of, going directly to, or using a search engine and entering "NAEPC Journal" or your current topic of interest. The Journal is published four times a year, but new items are often added in between new issues.

We want to hear from you and to feature those articles that matter the most to our planning community! Please, if you come across a Hot Topic or a Cool Tool that would serve readers, contact Journal Co-editors Charlie Douglas at or Susan Rounds at

Accredited Estate Planner® Designation Program

You have earned a gateway degree or designation and are practicing primarily in estate planning.

You believe that the team concept of estate planning best serves your clients.

You desire to set yourself apart from the completion.

Now is the time to earn the Accredited Estate Planner® designation.

Available to attorneys, Chartered Life Underwriters, Certified Public Accountants, Certified Trust and Financial Advisors, Chartered Financial Consultants, and Certified Financial Planners®, the Accredited Estate Planner® designation was created to recognized estate planning professionals who meet special requirements of education, experience, knowledge, professional reputation, and character and is the only graduate designation in estate planning.

See full program information and applications.

Please join us in congratulating the newest Accredited Estate Planner® designees nationwide:

Heather Lynn Davis, JD, CLU®, ChFC®, AEP® Addison, TX
Robert B. Fleming, JD, Board Certified (Estate & Trust Law), AEP® Tucson, AZ
James L. Green, JD, LL.M. (taxation), AEP® State College, PA
Nancy J. Hall, CPA, AEP® Norfolk, VA
Heidi L. Hanson, CFP®, AEP® Manchester by the Sea, MA
Katie J. Hill, CTFA, AEP® Scottsdale, AZ
John Jay Hutchins, MS, CFP®, CIFA, CDFA, AEP® Lebanon, NH
Rosadele T. Kauffman, JD, AEP® State College, PA
Charles Kerwood, III, CFP®, ChFC®, AEP® Naples, FL
Thomas C. King, CFP®, CLU®, AEP® State College, PA
Bryson M. Kirksey, JD, CPA, LL.M. (taxation), AEP® Cleveland, TN
William H. Martin, CLU®, ChFC®, CFP®, AEP® State College, PA
Lisa McAree, CLU®, AEP® Charlestown, MA
Robert S. McMinn, JD, AEP® State College, PA
Martin P. Oyos, JD, AEP® Sioux Falls, SD
Gregory J. Pearce, MBA, CFP®, ChFC®, AEP® Annapolis, MD
Jennifer L. Krieger Radziwon, JD, AEP® Orchard Park, NY
Thomas C. Rapp , CLU®, ChFC®, RFC, AEP® East Hanover, NJ
Lisa A. Schneider, JD, Board Certified (Wills, Trusts & Estates), AEP® West Palm Beach, FL
Steven Frank Yerkes, CLU®, CASL®, ChFC®, CFP®, AEP® Waterloo, IA

The Council Corner: News Just for the Estate Planning Council

Committee co-chairs Paul S. Viren, CLU®, ChFC®, AEP® and Kit Mac Nee, CFP®, CRPC®, AEP®, CSPG thank each member of Council Relations Committee for their active participation over the past 12 months and are thrilled to welcome Lawrence J. Macklin, Esq., CPA, AEP® of Baltimore Estate Planning Council and Kim Kamin, JD, B.A., AEP® of Chicago Estate Planning Council as new members.

There are now a record number of councils affiliated with NAEPC and the committee has recently begun rolling out the Council of Excellence Award program! The New Year will focus on encouraging each of the 260 councils to apply for the Walter Lee Davis Jr. and Leonard H Neiman Council of Excellence Award to be presented next November at the 52nd NAEPC Annual Conference to five councils ranging in membership size. The applications have been mailed to the contact on record for your council and are also available online. The awards to each council have substantial monetary value and the application is simple, but neither is as exciting as being recognized for hard work and dedication! If you have questions, feel free to reach out to the national office or contact committee co-chair Kit MacNee at

We are looking forward to amazing year with your estate planning council. Take a few minutes to check out our website for all that we offer.

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