Practice Better: AI, Planning Numbers, Defensive Steps and More
Martin M. Shenkman, Esq., and Alan S. Gassman, Esq.
October 29, 2025
Description:
Domestic Asset Protection Trusts (DAPTs) were upheld in a recent DE case. Subsequent to that the defendants was tagged in a CO decision Can IV Packard Square LLC v. Harbor Real Estate Company, LLC and Craig E. Schubiner, No. 23-cv-00934-CYC (D. Colo. Sept. 22, 2025). Does that impact DAPT or asset protection planning?
There is growing discussion of terminating irrevocable trusts to cause appreciated assets to be included in someone’s estate to gain a basis step-up. What issues should be considered and what approaches should be evaluated?
Every adviser gets inquiries from prospects that would be best not to be accepted as a client. How can AI quickly help you identify those potential bad eggs you want to avoid? How should you implement such a process to avoid issues?
Many new clients come with long complex existing irrevocable trusts. How can you efficiently identify issues and planning opportunities in those trusts using AI? For example, if there are powers of appointment your client holds you want to be able to advise them on the pros/cons of exercising them.
Finally, an approach that is not only protective for the practitioner, but appreciated by most clients, is to offer several planning options. If those options can be illustrated and explained with numbers, some clients will understand them better.
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Continuing Education Credits
InterActive Legal is not an approved Continuing Education (CE) Sponsor. However, several states and
regulatory agencies for a variety of professionals that participate on our teleconferences may still receive
continuing education credit for their participation. If a participant wishes to receive CE credit for their
participation in these teleconferences, they must apply to receive credit on their own and through their
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Martin M. Shenkman, Esq.
Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City. His practice concentrates on estate and tax planning, planning for closely held business, and estate administration.
Mr. Shenkman is an author of over 42 books and more than 1,000 articles. He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal. He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability. Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”
Alan S. Gassman, Esq.
Alan S. Gassman is the founder of the Clearwater, Florida law firm of Gassman, Crotty and Denicolo, P.A., which focuses on the representation of high net worth families, physicians and business owners, and their companies in estate planning, taxation, and business and personal asset structuring.
Mr. Gassman is the lead author on Bloomberg BNA’s Estate Tax Planning in 2011 and 2012, Gassman and Markham on Florida and Federal Asset Protection Law, Florida Law for Tax, Business & Financial Planning Advisors, Eight Steps to a Proper Florida Trust and Estate Plan, A Practical Guide to Kickback & Self-Referral Laws for Florida Physicians, The Florida Power of Attorney & Incapacity Planning Guide, The Florida Advisor’s Guide To Counseling Same Sex Couples, and a co-author of the recently published Legal Guide To NFA Firearms and Gun Trusts, among others.
Mr. Gassman is a frequent speaker for continuing education programs, and has published well over 200 peer reviewed articles with publications such as Bloomberg BNA Tax & Accounting, Trusts and Estates Magazine, Estate Planning Magazine, The Florida Bar Journal, and Leimberg Estate Planning Network (LISI). He is also a past President of the Pinellas County Estate Planning Council and has co-chaired two annual Florida Bar programs for over fifteen years: Wealth Protection and Representing the Physician.
Mr. Gassman holds a law degree and a Masters of Law degree (LL.M.) in Taxation from the University of Florida, and a business degree from Rollins College. Mr. Gassman is board certified by the Florida Bar Association in Estate Planning and Trust Law, has the Accredited Estate Planner designation from the National Association of Estate Planners & Council, has maintained an AV rating from the Martindale-Hubbell for over 20 years and is listed in both Best Lawyers in America and Florida Super Lawyers.
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