Annual Trust and Estate Law Update
December 2009
Annual Trust and Estate Law Update
Program Highlights
- Address by the Honorable C. Jean Stewart, Judge, Denver Probate Court
- Legislative Update:
- The Colorado Power of Attorney Act
- Amendments to the Colorado Uniform Probate Code
- Designated Beneficiary Agreements
- Omnibus Bill Provisions Affecting Trust and Estate Law
- Case Law Update
- FATF and the Ethical T&E Lawyer: Can the Two Coexist?
- Self-settled Trusts for Asset Protection in Colorado
- Ethics for the Trust and Estate Law Attorney
Program Description
The 2009 Fall Trust and Estate Law Update program builds on the excellent programs of years past. This year's program continues that tradition of excellence with practical, timely topics taught by an expert faculty!
Your day will begin with an in-depth look at important new Colorado legislation affecting trust and estate attorneys, including the new Colorado Power of Attorney Act and the Amendments to the Uniform Probate Code.
Next up is a fascinating session on how to comply with the requirements of the Financial Action Task Force.
During lunch you will enjoy an address by Denver Probate Court Judge Jean Stewart, who will provide her keen insights into the issues facing the probate system in Colorado.
After lunch you will be treated to the always useful case law update. After that, you will enjoy a discussion of how to design and use self-settled trusts in Colorado for estate planning purposes. Your day will finish with a look at legal ethics issues that are important to trust and estate law attorneys.
With timely topics, a veteran faculty, and 1.7 ethics credits, you need to add this CLE program to your calendar. Don't delay…
Register today!
Agenda
8:00 AM - 8:30 AM
Registration
8:30 AM - 8:35 AM
Welcome and Introduction
Extended by Walter M. Kelly, II, Esq., Program Chair
8:35 AM - 9:25 AM
The New Colorado Power of Attorney Act
The Colorado legislature has adopted the Uniform Power of Attorney Act. This new legislation significantly alters the rights and responsibilities of agents, principals, and even third parties. Learn how the law in this area has changed and how it affects existing and future power of attorney documents!
Presented by John DeBruyn, Esq.
9:30 AM - 10:20 AM
Amendments to the Colorado Uniform Probate Code
The Colorado legislature, in response to the amendments to the Uniform Probate Code (UPC), made numerous changes to the version of the UPC adopted in Colorado. From dollar amounts for the spousal share, to survival requirements for heirs, to the use of notarized wills, these changes are important and their effects sometimes subtle. In addition, these changes have interesting effects on existing Colorado law that you need to know about. Enjoy a succinct summary of the most important aspects of these amendments and how they will affect your clients!
Presented by Marc Darling, Esq.,Kimberly Willouhgby, Esq. and Suzanna Tiftickjian, Esq.
10:20 AM - 10:35 AM
Break (15 minutes)
10:35 AM - 11:25 AM
FATF and the Ethical T&E Lawyer: Can the Two Coexist?
Learn the answers to these questions:
- What is the FATF?
- What are the “Forty Recommendations,” the “Nine Special recommendations,” and “Lawyer Guidance”?
- Can These Recommendations Be Squared with the Rules of Professional Responsibility?
- Good Practices for T&E Lawyers in Light of FATF
Presented by James W. Buchanan, III, Esq., Kevin D. Millard, Esq., and James P. Stouffer, Esq.
11:30 AM - 12:10 PM
New Colorado Legislation: Designated Beneficiary Agreements
Presented by Elizabeth A. Bryant, Esq.
12:10 PM - 1:10 PM
Lunch - Enjoy lunch, compliments of CBA-CLE and the CBA Trust and Estate section!
12:25 PM - 12:55 PM
Luncheon Presentation: Judicial Perspective on Trust and Estate Law
Presented by the Honorable C. Jean Stewart, Judge, Denver Probate Court
1:10 PM - 1:50 PM
Case Law Update and Omnibus Bill Provisions Affecting Trust and Estate Law
Presented by Melissa Sullivan, Esq.
1:55 PM - 2:45 PM
Self-settled Trusts for Asset Protection in Colorado
Despite Colorado state statutory language that seems to argue against the use of self-settled trusts for asset protection, these specialized trusts, where the settlor is among the beneficial class, can in fact be used for this planning goal in certain circumstances. This presentation includes a full discussion of the law of self-settled trusts in Colorado, including important case law that defines how these trusts can and can't be designed and used.
Presented by Barry S. Engel, Esq.
2:45 PM - 2:55 PM
Break (10 minutes)
2:55 PM - 3:30 PM
Ethics for the Trust and Estate Law Attorney
The legal ethics issues that confront trust and estate law attorneys are sometimes different from those typical of other practice areas. Learn how to avoid and handle troublesome situations to avoid ethics rule violations!
Issues to be discussed include the Colorado Rules of Professional Conduct that relate to:
- Representing both husband and wife at the same time in a trust and estate matter - the issue of confidential information received from one spouse (Colo. RPC 1.6 - Confidentiality of Information)
- Gifts to the lawyer in estate planning documents (Colo. RPC 1.7 - Conflicts of Interest: Current Clients; and, Colo. RPC 1.8 - Conflicts of Interest: Current Clients: Special Rules)
- When you name yourself as a fiduciary in a trust and estate matter, especially when the fiduciary will be paid; limitation on independent professional judgment (Colo. RPC 1.7: Conflicts of Interest: Current Clients)
- What to do when you represent more than one generation (e.g., father and son) in a trust and estate matter; exercise of independent judgment (Colo. RPC 1.7 - Conflicts of Interest: Current Clients)
- How to determine if your fees are reasonable under the ethics rules (Colo. RPC 1.5 - Fees)
- How to deal with the issue of referral fees (Colo. RPC 1.5 - Fees; Colo. RPC 1.7 - Conflicts of Interest: Current Clients; and, Colo. RPC 1.8 - Conflicts of Interest: Current Clients: Special Rules)
Presented by Charles E. (Chip) Mortimer, Jr., Esq.
3:30 PM
Adjourn
Planning Committee
John DeBruyn, Esq.
DeBruyn Law Offices
Denver, CO
Constance Tromble Eyster, Esq.
Hutchinson Black and Cook, LLC
Boulder, CO
Walter M. Kelly, II, Esq.
Miller & Steiert, PC
Littleton, CO
Mark D. Masters, Esq.
Horen, Lockwood & Masters, LLP
Englewood, CO
Kevin D. Millard, Esq.
Chorney & Millard, LLP
Denver, CO
Jennifer M. Spitz, Esq.
Stover & Spitz, LLC
Longmont, CO
Michael R. Stiff, Esq.
Stiff & Associates, LLC
Denver, CO
Thomas L. Stover, Esq.
Stover & Spitz, LLC
Longmont, CO
Herbert E. Tucker, IV, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Faculty
Honorable C. Jean Stewart, Judge
Denver Probate Court
Denver, CO
Walter M. Kelly, II, Esq., Program Chair
Miller & Steiert, PC
Littleton, CO
Elizabeth A. Bryant, Esq.
Elizabeth A. Bryant, PC
Denver, CO
James W. Buchanan, III, Esq.
Buchanan & Stouffer, PC
Lakewood, CO
Marc Darling, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
John DeBruyn, Esq.
DeBruyn Law Offices
Denver, CO
Barry S. Engel, Esq.
Engel & Reiman, PC
Denver, CO
Kevin D. Millard, Esq.
Chorney & Millard, LLP
Denver, CO
Charles E. (Chip) Mortimer, Jr., Esq.
Assistant Regulation Counsel
Office of Attorney Regulation Counsel
Colorado Supreme Court
Denver, CO
James P. Stouffer, Esq.
Buchanan & Stouffer, PC
Lakewood, CO
Video Replays: January 14, 2010
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $299.00 |
| CBA | $249.00 |
| TRUST | $229.00 |
| New Lawyer | $209.00 |
| CBA | $209.00 |
- General Credits: 6.00
- Ethics Credits: 1.70
- EDI Credits:
To join the CBA or add a Section to your membership click