Categories: Estate Planning/Elder Law

Asset Management & Financial Planning

Course Page for Fall 2019 - Seaborg, Andrew

Selected Topics in Estate Planning: Asset Management and Financial Planning. This course offers students a comprehensive introduction to the financial markets, investment products, and financial planning. Practical in nature, the course’s primary goal is to help students “speak finance” and become financially street-smart attorneys their first day on the job. Topics covered include asset classes, investment products (mutual funds, ETFs, hedge funds, etc.), investment portfolio design, retirement planning, insurance products, and the credentialing and compensation of financial advisors. Case studies combine multiple themes and illustrate financial planning in practice. Guest lecturers from the community will share war stories, best practices, and address their areas of professional expertise. Some tax issues will be covered, but no prior work in tax is assumed.

Andrew Seaborg (MS in Finance, Investment & Banking, UW-Madison) is a Partner at The Capital Group in Madison. He advises families, trusts and institutions on investment management, employer-sponsored retirement plans, and financial planning. He has taught this class since 2007.


By the end of the semester, students should be able to:

- Demonstrate understanding of the financial markets and investment products.

- Understand basic tenets of financial planning.

- Distinguish differences among financial advisors, how they are compensated, and whether or not they are acting in their clients' best interest.

- Interpret analyses of mutual funds, ETFs, stocks, bonds, REITs and annuities.

- Determine what kind and how much life insurance is appropriate for the changing stages of life. Structure life insurance products in a way that benefits their clients.

- Understand tax, investment, and distribution rules regarding IRA, 401(k), and defined benefit retirement plans.

- Understand the income, estate, capital gains, and gift tax issues commonly encountered in estate planning situations.

Recent Offerings of this course by this instructor

Estate & Gift Tax

Course Page for Spring 2019 - Taylor, Wes

The one-credit Estate and Gift Tax module will provide an overview of federal transfer tax issues. The only prerequisite for the course is Trusts and Estates I. No prior exposure to taxation issues is required. Course content will focus on relevant Internal Revenue Code sections, regulations and recent court cases. Additional topics include a brief history, overview and calculation of federal transfer taxes; application of taxation principles to trust drafting and estate planning, and changes resulting from the Tax Cuts and Jobs Act of 2017. The Estate and Gift Tax module will be offered during the second half of the semester.

Estate & Trust Administration and Dispute Resolution

Course Page for Spring 2017 - Goldman, Jeffrey

Selected Topics in Estate Planning: Estate & Trust Admin & Dispute Resolution.

This course will examine legal and interpersonal issues that arise in the administration of probate estates, trusts, and non-probate assets. It will address the Wisconsin probate code and newly enacted trust code (2014), dynamics of interaction between the various parties, interpretation and implementation of governing instruments, powers and duties of fiduciaries, management of estate and trust assets, rights of beneficiaries, and resolution of disputes. The course will be taught on an intermediate level and will use real life situations to illustrate problem solving in this area. Enrollment limit is 18. Grade based on final exam and class participation.

771-002 Trusts & Estates Administration and Dispute Resolution Goldman, J.
Learning Outcomes - By the end of the course, students should:
1. Be able to review a will and/or a trust and identify the fiduciary and beneficial interests
2. Be able to identify and understand the distribution standards of a trust
3. Be able to commence a probate administration under Wisconsin law and have a working understanding of typical administration tasks and deadlines
4. Have a working understanding of typical trust administration tasks and deadlines
5. Understand the fiduciary duties that apply to personal representatives and trustees
6. Have a working knowledge of procedural and substantive law relating to estate and trust disputes
7. Have a working familiarity with the Wisconsin Trust Code and Wisconsin Probate Code
8. Know how to terminate an estate administration or a trust

Estate and Gift Tax

Course Page for Spring 2018 - Taylor, Wes

The one-credit Estate and Gift Tax module will provide an overview of federal transfer tax issues. The only prerequisite for the course is Trusts and Estates I. No prior exposure to taxation issues is required. Course content will focus on relevant Internal Revenue Code sections, regulations and recent court cases. Additional topics include a brief history, overview and calculation of federal transfer taxes; application of taxation principles to trust drafting and estate planning, and changes resulting from the Tax Cuts and Jobs Act of 2017. The Estate and Gift Tax module will be offered during the second half of the semester.

Marital Property

Course Page for Spring 2018 - Maier, Joseph

Introduction to Marital Property (1 credit)

Prerequisite: T&E.

Topics that will be covered include: classification of property under Chapter 766; management and control of marital property, access to and satisfaction of credit obligations; relationship between divorce law and marital property classification; spousal rights at death; marital property agreements.

Trusts & Estates I

Course Page for Fall 2019 - Erlanger, Howard

"TNE" is a survey course on the legal and policy aspects of transmission of property, usually at death. It covers such topics as intestate succession (dying without a will), wills, trusts and will substitutes, limitations on the disposition of assets and the impact of the Marital Property Act, powers of attorney and end-of-life decision making, and basic issues in the taxation of gifts and transfers at death. In addition to legal fundamentals, the course has a strong focus on how the law plays out on the ground.

Learning Outcomes and Assessment
It is my goal and expectation that at the completion of the course, students will demonstrate:
– Thorough understanding of the core elements of the law of intestacy, wills, trusts, and
non-probate transfers.
– Thorough understanding of the core elements of law protecting the rights of the
surviving spouse, and how these differ in common law and community property states.
– Thorough understanding of the core considerations involved in creating and using
advance directives.
– Thorough understanding of the core elements of community property and Wisconsin
marital property law, and the ways this area of law affects the analysis of TNE topics.
– A very basic understanding of the transfer tax and income tax issues that affect TNE
planning.
– The ability to recognize the basic ethical and professional issues that emerge in the
practice of TNE.
– Understanding of the real world context in which all TNE activities take place and the
ways in which the activities of ordinary people affect legal planning and outcomes.

The primary assessment tool for the course will be a final exam where students will demonstrate
the capabilities listed above by recognizing them when they are embedded in hypothetical fact
situations, and analyzing the relevant issues to the extent discussed in class.

Recent Offerings of this course by this instructor