Presented by Mary F. Radford, Marjorie Fine Knowles Professor of Law, Georgia State University College of Law, Atlanta, GA, and C. Jean Stewart, Esq., Jean Stewart LLC, Denver, CO
Topic #2
Fiduciary Neutrality and Trust Modification
A fiduciary’s neutrality comes up often both in the administration of trusts and estates as well as in the litigation context. Most estate planning clients believe that if there were to be a dispute regarding their will, the personal representative will defend the document. This program will discuss the following:
- The revisions to C.R.S. § 15-12-703 in 2013 address fiduciary neutrality. Has Risbry v. Swan been effectively overruled by statute?
- How a personal representative has standing to prosecute or defend a will in a will contest
- How a fiduciary can maintain neutrality in order to facilitate orderly administration of the estate
- How does C.R.S. § 15-12-703 apply in cases other than will contests? What is the basis for neutrality in elective share/augmented estate proceedings?
- May beneficiaries obtain trust modification as a way to remove a trustee as opposed to seeking removal directly (which generally requires proof of serious hostility or other cause)?
Presented by James R. Wade, Esq., and Jonathan F. Haskell, Esq., Wade Ash Woods Hill & Farley, P.C., Denver, CO
Topic #3
Intellectual Property Issues in Estate Planning and Administration
High profile cases, such as those involving the value of Michael Jackson's name and image on his date of death or the right to publish Harper Lee's long-lost manuscript, demonstrate the necessity of considering intellectual property assets during the estate planning process. Many authors, artists, inventors, and closely-held business owners protect intellectual property through copyrights, trademarks, and patents. This session will provide a basic overview of the laws protecting various types of intellectual property; the transfer, renewal, or termination rights associated with each; and estate planning for intellectual property in the event of the owner's death or incapacity.
Presented by Louisa M. Ritsick, Bryant & Ritsick LLC, Denver, CO
Topic #4
Practical Tips for Keeping Your Clients’ Private Information Private
A major legal software vendor has 40 hacking attacks a day – more than 6,670 in the past six months. Every day, reports are made of new hacking, phishing and other computer scams to obtain information. Rule 1.6 (Confidentiality) does not provide allowances for the number of “bad guys” out there. Estate planning, of necessity, requires getting personal and financial information from clients. How do you keep it safe? This session will discuss tips, tricks and procedures to minimize the risk of breaches and loss of confidentiality, especially for solo practitioners and small firms.
Presented by Phil J. Shuey, Esq., Law Offices of Phil J. Shuey, P.C., Greenwood Village, CO
Topic #5
The ABLE Act: The Newest Tool in Your Toolbox to Plan for Individuals with Disabilities
ABLE accounts are akin to 529 college savings plans for people with disabilities. They have created quite a buzz in the special needs community. This interactive session will explore all of the ways that ABLE accounts can be used alongside a traditional estate plan for a person with a disability, including:
- Tax Considerations
- New Options to Pay for Housing
- Proposed Legislation to Broaden the Eligibility
- Titling/Control of Accounts
- The Status of Accounts in Colorado
- Drafting ABLE Provisions into Power of Attorney Documents and Revocable Living Trusts
- Potential Pitfalls and Risks of ABLE Accounts
Presented by Megan Brand, Executive Director, CFPD, Denver, CO, and Bradley J. Frigon, Esq., Law Offices of Bradley J. Frigon, LLC, Englewood, CO
Topic #6
Obtaining Business Information in Probate Litigation: Discovery, Evaluation and Effective Use at Mediation and Trial
The need for discovery of business information arises frequently in probate disputes. Document discovery, however, can be one of the most expensive aspects of probate litigation, and “discovery battles” are typically the stuff of nightmares. This session will explore strategies to improve your client’s case through thoughtful, deliberative and well- planned discovery, both formal and informal. Tools available to discover business information, as well as the advantages and disadvantages of each, will be addressed. The session will also include practical considerations regarding the use of expert witnesses and approaches to evaluating the information obtained. Strategies for effective use of business information at mediation and trial will also be discussed.
Presented by Todd E. Kastetter, Esq., and John Lubitz, Esq., Lewis Brisbois Bisgaard & Smith LLP, Denver, CO
Topic #7
Planning for the Family Business
This session will focus on challenges and opportunities when planning for the family business. This session will explore tax issues related to shifting the value of a business from one generation to another. In particular, we will consider the current uncertainty of the estate tax and examine techniques that work well in the context of the current system and/or in the context of the various tax proposals. In addition, we will consider tax liquidity issues, as well as planning for the successful transition of your client’s beloved business to future management.
Presented by David Crandall, Esq., Holland & Hart LLP, Denver, CO, and Margot Edwards, Esq., Holland & Hart LLP, Boulder, CO
Topic #8 - Ethics Credit
Ethical Considerations in Practicing Before the IRS: Circular 230 Considerations
There are numerous traps associated with practicing before the IRS, especially since the definition of “practicing before the IRS” is so broad that it encompasses even corresponding with the IRS on behalf of a client. Circular 230 governing this area of practice was revamped recently, and there are several potential hazards that practitioners, especially practitioners who do not regularly do tax law, need to understand so they can protect themselves accordingly. This session will walk through the expectations set out in Circular 230, and recent changes will be explored. Case studies will be used to explore some top concerns for practitioners to highlight potential pitfalls and ways to mitigate risk.
Presented by Professor Lori A. McMillan, Washburn University School of Law, Topeka, KS