J. David Krekeler
Krekeler Law
Madison
Anthony J. Menting
Stafford Rosenbaum, LLP
Madison
Gregory M. Monday
Reinhart Boerner Van Deuren S.C.
Madison
Reg Paul Wydeven
McCarty Law, LLP
Appleton
8:30 a.m. : Using MPAs for Estate Planning Purposes
- Classifying Assets
- As individual property to prevent unintentional commingling
- As marital property to get a double step-up in basis upon the death of one spouse
- Washington Will provisions for probate avoidance
- Transfer assets directly to beneficiaries
- Transfer assets to a revocable trust
- Medicaid planning purposes to avoid Estate Recovery
- Classifying assets as the individual property of a Community Spouse to avoid Estate Recovery if the Community Spouse dies first
- Classifying assets as the individual property of a Community Spouse to avoid Estate Recovery if the Community Spouse dies second
Reg Paul Wydeven
9:20 a.m. : MPAs in Family Law
- Engagement Letters
- Use of Preliminary Asknowledgements in the Agreement
- Financial Disclosure Statements
- Timing of disclosure
- Content of disclosure
- Establishing Gift/Inheritance
- Creating/Preserving trial evidence
- Property Division
- Presumed Equitable
- Use of expanding awards
- Use of percentages, floors and ceilings
- Bases for non-enforcement
Anthony J. Menting
10:10 a.m. : Break
10:25 a.m. : The use of MPAs in Family Business Plans
- Provisions in a marital property agreement can prevent a divorce court from reclassifying a family business interest as divisible property
- Spouse of a family business owner can be bound by the terms of a buy-sell agreement
- Ways a marital property agreement can protect a spouse against claims of a lender
- Spouses should amend their marital property agreement if they go into business together
Gregory M. Monday
11:15 a.m. : MPAs and Treatment in Bankruptcy
- Significance of marital property determinations in bankruptcy
- Property of the estate
- Exceptions
- Plan formulations
- Tips and tricks
- Maximizing exemptions
- Protecting assets from creditors holding non dischargeable debts
- Means test and budget
J. David Krekeler
12:05 p.m. : Program Concludes
Following program start times, webcast replay schedule will vary slightly from above listed times.
- Draft solid marital property agreements for clients contemplating marriage
- Know the requirements for a valid marital property agreement
- Understand how marital property agreements are treated in bankruptcy
- Pick up drafting tips to ensure marital property agreements reflect your clients’ wishes
- Learn how to protect family businesses using marital property agreements
- Family law attorneys
- Estate planning attorneys
- Bankruptcy attorneys
- Family business advisors
- General practitioners
BOOK BONUS
Marital Property Law & Practice in Wisconsin
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