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Join Bill Dameworth for an in-depth discussion on the process of performing an active/passive appreciation analysis. Learn how general divorce statutory regimes across the U.S. pertain to the requirement to perform an active/passive appreciation analysis and how varying state law impacts the key elements typically required to perform a reliable analysis. Delve into a case study that covers many of the elements typically present in a complex divorce case that, depending upon the jurisdiction, require an active/passive appreciation analysis. The case study will also illustrate examples of differences in an active/passive appreciation analysis caused by varying state law. In addition, this webinar will cover the current professional literature and learned treatises related to performing active/passive analyses.
Program Agenda
Overview: What is an active/passive appreciation analysis?
Review of general divorce statutory regimes and how they impact whether and how an active/passive analysis must be performed
Discussion of the close interaction necessary between legal and appraisal professionals
Introduction of the case study fact pattern
Identification of passive appreciation factors found in case law, practice, and learned treatises
Illustration of passive appreciation factor determination, quantification, and allocation
Identification of active appreciation factors found in case law, practice, and learned treatises
Illustration of active appreciation factor determination, quantification, and allocation
Consideration of shifting burdens of proof in performing active/passive appreciation analysis
Review of similarities and differences between a business appraisal and an active/passive appreciation analysis
Review of current professional literature and learned treatises related to performing active/passive analyses
Learning Objectives
State when an active/passive appreciation analysis must be performed
Describe the essential need for interaction with legal counsel to take into consideration varying state statutory and case law requirements and nuances
Explain the current generally applied methods and processes used to perform a reliable active/passive appreciation analysis by working through a comprehensive case study
Describe the shifting burdens of proof depending upon state law to efficiently and effectively manage cases
Contrast the similarities and differences between performing a business valuation and an active/passive appreciation analysis
List the current professional literature and learned treatises related to performing an active/passive appreciation analysis
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