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Join us in Madison for WBA’s annual Trust Conference

On May 25, 2022, WBA will be hosting its annual Trust Conference for the benefit of those involved with trust and estate planning. The one-day event held at the WBA office will assist trust professionals in staying up to date on upcoming changes in regulations, the economy, and overall trust department functions.

The conference will also feature a general session on elder abuse and undue influence by Jonathan Ingrisano and Nicholas Bezier of Godfrey & Kahn, S.C. Trust bankers and wealth managers of all levels will benefit from this session on spotting and responding to potential financial abuse of their elderly customers.

According to the World Health Organization, one in six individuals 60 years or older have experienced some form of abuse. Of this, less than 20% of financial abuse is reported by the individual or their proxies. “It is a growing problem that we can only expect to get worse as our population ages,” said Ingrisano.

This troubling trend is not only on the rise in Wisconsin, but throughout the country. As fraudsters become more sophisticated (even so that celebrities such as Stan Lee have endured financial abuse), it is important that bankers know the signs, understand their rights, and feel confident in approaching the situation.

As elder financial abuse cases rise, bankers have taken on the role of trusted advisors and observers. Trust bankers especially develop unique professional and personal relationships with their customers and have a greater ability to notice patterns, spot questionable distributions, and identify unexpected changes in their repeat customers patterns and behaviors.

“I want trust bankers to know they are empowered to do what they think is right, and their hands are not tied,” said Ingrisano. In this, the session will include advice from Godfrey & Kahn, S.C. representatives on reporting financial abuse or fraud, the tools and resources for trust bankers to consult as they work through cases, and important red flags to notice both in elderly customers and/or personal relatives experiencing such abuse.

In addition, trust bankers will also have the opportunity to learn more about how their paper trail observations on the front end can impact the actions taken by department heads or legal counsel on the back end. Through referrals or reports, bankers will learn of the avenues available to protect vulnerable members of their communities.

WBA’s Trust Conference is approved for 5.25 CTFA credit through the American Bankers Association (ABA). Register now to take advantage of this opportunity to stay ahead of upcoming regulatory changes, maintain your certification through ABA, as well as gain insight on how to better serve your community. Please contact Miranda Helt, WBA’s assistant director – education, at mhelt@wisbank.com with questions regarding the conference.

Q: Can a power of attorney act on an IRA or Trust Account?

A: Yes, but only if the power of attorney (POA) agreement permits it.

The extent of an agent’s authority to act under a POA agreement will always depend on the language within the agreement.

Wisconsin’s Uniform Power of Attorney for Finances and Property Act under Chapter 244 governs POA agreements in Wisconsin. Chapter 244 provides for general authority with respect to banks and other financial institutions. One general power granted under statute permits an agent certain actions on an account. Account is a defined term under Wis. Stat. 705.01(1). That definition is broad enough to include an IRA.

For a trust account, an additional consideration to make is that of granting authority. A trust is a separate legal entity from an individual, meaning it has its own interests and authorities distinct from that of an individual person. A power of attorney agreement creates authority between a principal (the person granting authority) and an agent (the person granted authority). A POA agreement giving authority to act on the finances of a natural person principal does not automatically mean the agent can act on accounts owned by a trust, even if the principal is a trustee of the trust. Because a trust account has its own authority and ownership interests, the principal must grant an agent authority to act through their powers as trustee. Authority to do so is derived from the trust agreement.

If a financial institution is unsure about its interpretation of the scope of an agent’s authority within a POA agreement, WBA recommends working with an attorney to receive a legal opinion.

By, Scott Birrenkott

Events

In 2002, the EGTRRA changed the non-spouse beneficiary payout from a 5-year payout option to a single life expectancy option. After 17 years, the IRS realized it’s taking them a lot longer to collect revenue from those beneficiaries.

In December 2019, the SECURE Act was signed into law which said that effective for owners who die in 2020 and later, most non-spouse beneficiaries have to have their Inherited IRA closed in 10 years – with optional distributions the first 9 years. Oops! The IRS intention was not to do without this revenue the first 9 years.

In February 2022, the “Proposed Regulations” were released — supposedly to take effect for 2022 death RMDs — to reverse that and have the beneficiary distribution rules similar to a hybrid between the pre-SECURE Act and post-SECURE Act. Following me so far? Then because there were a lot of negative comments about the rule change, the IRS said, “Never mind. We’ll worry about this next year.”  This is an invaluable 90 minute webinar you must attend to find out what the beneficiary options are before the end of this year and moving forward. There will be plenty of time for Q&As at the end of the class.

What You’ll Learn

  • What are the 3 categories of beneficiaries created by the SECURE Act to determine payout options?
  • Do beneficiaries of owners who died beginning in 2020 have to start distributions or not?
  • What choices do beneficiaries have if they took a distribution this year and now find out they may not have to?
  • What happens to the 2021 and 2022 RMD death distributions if this takes effect in 2023?
  • When does the 10-year payout start for beneficiaries in existing single life payout?
  • What options do “successor beneficiaries” have?
  • And what about the Multi-Beneficiary Trusts — Type I and Type II? Qualified vs. Non-Qualified? See-through or not?

Who Should Attend
All employees who are responsible for answering client questions about IRAs and the death of IRA owners including CSRs, Operations, Call Center, Trust and Investment personnel who need a clear understanding of the most recent changes.

Presenter

Patrice M. Konarik is president of Sunwest Training Corp. founded over 25 years ago and is located in the Texas Hill Country near San Antonio, Texas. With over 35 years in the financial industry, Konarik has focused her expertise on the retirement account area and is currently providing live training and Webinars on IRAs and Health Savings Accounts on a nationwide basis. She has a BS in Management Science from New York’s Binghamton University. Many state banking associations and other organizations use her as their main source for training on these complicated topics.

Registration Options

Live Access, 30 Days OnDemand Playback, Presenter Materials and Handouts $279

  • Available Upgrades:
    • 12 Months OnDemand Playback + $110
    • 12 Months OnDemand Playback + CD + $140
    • Additional Live Access + $75 per person

This is for Part 3 only. View Series Pricing.

This two-hour webinar will delve into the responsibilities of collecting appropriate documentation, providing ownership options, titling accounts correctly, and allowing proper access to Trust, Fiduciary and Minor accounts not only during lifetime but at the death of a signer as well.

What You’ll Learn
What’s the difference when opening a Revocable or Irrevocable Trust?
Living Trusts – Why so Popular?
Learn how Fiduciary accounts create an element of risk if not handled properly.
How to handle an account when the actual owner of the funds is not present.
Responsibilities for collecting appropriate documentation.
When to use an SSN vs. an EIN.
Allowing proper access to Fiduciary accounts not only during life but also at the death of a Fiduciary.
How to handle more complex scenarios when opening a trust or fiduciary account,
How to manage the more challenging questions customers and employees ask. ”

Who Should Attend
Customer contact personnel, supervisors, and officers whose responsibilities include opening or managing new accounts. Personal Bankers, BSA Officers, Deposit Operations, Branch Administration, CIP Managers, Training and Business Development Officers, Internal Auditors, and Compliance Officers will find the information extremely beneficial. Lending assistants and officers will find the information informative, and at least 85% of this information also impacts the lending area.

Instructor Bio

Suzie Jones
With over 40 years of banking experience, Suzie has a reputation as being extremely knowledgeable and high-energy with a unique ability to take technical information and make it interesting and applicable. After 22 years, Suzie recently retired as an Executive Vice President from a large regional bank where she provided overall leadership and risk management to the $11B Investments Division. For decades Suzie opened new accounts, managed new account teams, and provided hands-on input and leadership to the AML and BSA Committees within the bank. Suzie has a passion for sharing technical knowledge and lessons learned to provide risk management and promote excellence in the workplace. She partners nationally with individual banks, credit unions, private companies, small boutique firms, and provides training for 13 state bank associations.

Registration Options

  • Live Access, 30 Days OnDemand Playback, Presenter Materials and Handouts – $279
  • Available Upgrades:
    • 12 Months OnDemand Playback + $110
    • 12 Months OnDemand Playback + CD  + $140
    • Additional Live Access + $75 per person

A Probability Scorecard is like the yard markers on a football field. The yard markers give you a clear, definitive look at how much ground has to be covered before you score points; or in the case of defense, how much ground you have left to defend.

An effective Sales Probability Scorecard tells you almost exactly the information you have and might be missing and the likelihood of closing a specific opportunity. Wouldn’t that be helpful? You may already use a tool or system in your sales process that is meant to track the status of deals in your sales pipeline. But if the sales enablement tool you are using isn’t built around an effective selling system, then it will be not be predictive and will not help relationship managers close more business.

Covered Topics

A milestone-centric sales process that breaks down the specific steps required to effectively create, qualify and close business.
How to establish the factors important to qualify the prospect (can be industry specific)
How to create a baseline for what a “closeable opportunity” is (i.e. 70% score is considered closeable)

Who Should Attend?

RMS and MSRs in all lines of business, tellers, LOB leaders, supervisors and training managers.

Presenter

Dan Fischer, Sales Development Expert, has 28 years of financial sales and sales management experience working in the banking and insurance industries. During that time, he has developed a life-long passion for coaching along with an understanding of how to motivate salespeople. Using all the many tools and techniques from his past experience, Dan is focused on helping salespeople and sales leaders become top quartile in their efforts. When he is not at work, Dan can usually be found with his wife of 33 years and family. Dan’s “Why” gets him up every morning… “to inspire, motivate and have a positive impact on people through my passion to help them achieve beyond what they imagined.”

For 27 years, Anthony Cole Training Group has been helping banks and other financial service organizations close their sales opportunity gap by helping them sell better, coach better and hire better. Our Mission: Grow People, Grow Organizations.

Registration Options

“Live” Web connection – $265
6-month “OnDemand” website link only – $295
CD-ROM and e-materials only – $345
Live plus OnDemand website link – $365
Premier Package: Live, OnDemand link, and CD-ROM plus – $395