43rd Annual Estate Planning Retreat - In-Person
Keynote address: Welcome Terrence Franklin , “Bending the Arc of History Towards Justice” Choose your curriculum - select 4 breakout sessions (from 11 options). Register early. Attendance will be capped. Unique Social Activities and Ways to Explore Santa Fe
ARAG
Bessemer Trust
Northern Trust
Silver
CIBC
Investment Trust Company
Judicial Arbiter Group, Inc.
American Cancer Society
American Heart Association
Baysore & Christian Fiduciary Services LLC
Gibraltar Business Valuations
IT1 Services, LLC
Rose Community Foundation
Trustee Services Group/Estate Services Group
Thursday, June 8, 2023
4:15 – 5:00 pm
Trust and Estate Ambassador and New Attendee/New Attorney Meetup
5:00 – 7:00 pm
Welcome Dinner
Sponsored by: BOK Financial; Intrinsic; Members Trust Company; and Northern Trust
Friday, June 9, 2023
7:30 – 8:10 am
Registration and Breakfast
Sponsored by Holland & Hart
8:10 - 8:30 am
Welcoming Remarks
Extended by Lauren da Cunha, JD, CTFA, MidFirst, and Jody Davis, Esq., Program Attorney, CBA-CLE
Remarks from CBA/DBA/CBA-CLE Leadership
8:30 – 9:40 am
Bending the Arc of History Towards Justice
Terrence Franklin had been a trust and estate litigator, handling disputes including will contests for a quarter century, when he discovered a will contest from the 1840s that challenged the will done by his white fourth great-grandfather that emancipated Terrence’s fourth great-grandmother and her children and grandchildren from slavery. This discovery led Terrence to define his mission, “To Bend the Arc of History Towards Justice” by sharing the story of his ancestors and other stories like them. In this presentation, Terrence recounts the riveting story of his ancestor Lucy Sutton and the fight in the courts to uphold the last will and testament, and he also profiles several other black women, contemporaries of Lucy, who just may have helped Lucy and her family make it to freedom. His presentation will highlight the importance of equal access to the legal system and encourage participants to recognize, mitigate and eliminate bias in the legal profession.”
Presented by Terrence M. Franklin, Esq., Sacks Glazier Franklin & Lodise
Submitted for 1.4 EDI Credits
9:40 – 9:50 am
Remarks from our Valued Sponsors
9:50 – 10:10 am
Adjourn to Breakout Sessions
Networking Break
10:10 – 11:10 am
Breakout Sessions
Choose from Breakout Session #1, 2, 3, 4, or 5 during registration
11:10 – 11:30 am
Networking Break
Sponsored by Alpine Bank Wealth Management
11:30 am – 12:30 pm
Breakout Sessions
Choose from Breakout Session #1, 2, 3, 4, or 5 during registration
12:30 pm
Adjourn
Optional Add-on Activities
1:30 pm
Golf Outing at Santa Fe Country Club
Where: Santa Fe Country Club, 3950 Country Club Rd, Santa Fe, NM 87507
Cost: $60 per golfer
Fee Includes: Green fee, 18 holes, cart, and box lunch.
First come, first served. Tee times fill up quickly!
Deadline to sign up for golf is May 19, 2023.
2:00 pm
Curated Canyon Road Walking Tour with Santa Fe Art Tours
Where: Meet at Morning Star Gallery, 513 Canyon Rd, Santa Fe, NM 87501. The lot at Morning Star Gallery is small, so please park on the street. Free street parking is available along Canyon Road, Delgado Street, and Alameda Street.
Cost: $58 per person
Description: The Curated Canyon Road walking tour brings a fresh perspective to Santa Fe’s historic arts district. Home to over 80 art galleries, Canyon Road is a “must see” for any art lover visiting Santa Fe. The tour is 2 hours long and you will walk .5 miles. We’ll cover art and history. The tour is interactive and experiential.
Note: Canyon Road is a historic district and there are unstable sidewalks and steps up and down into galleries. If you have mobility concerns or need accommodation, please contact Santa Fe Art Tours.
Deadline to sign up for the tour is May 19, 2023.
6:00 – 7:30 pm
Annual Wine Tasting
Sponsored by Midwest Trust
Saturday, June 10, 2023
7:30 – 8:20 am
Breakfast
8:20 – 8:30 am
Welcome Back and Presentation of the 2023 Sterling Ambler Award
8:30 – 9:45 am
Shakespeare in Santa Fe
The Bard, James Thurber, and The Music Man at the El Dorado!
An Original Readers Theatre Play
Presented fearlessly in the Readers Theater style, through Actual Actors drawn directly from our Talented Bar and, in many cases, directly from a chair in the bar, the Styles, Sounds, Stanzas, Soul Stimulus, Stymieing Cynicism, Sense and Surrealism, Sorrow and Saturnalia of the classical theatre. All this will be Engaged (if not Flogged) into (semi-)coherence, to fully evoke the Current Concepts and Confounding Conundrums of our T&E Practices. Just WHAT do Shakespeare’s King Lear, Thurber’s Unicorn in the Garden and Meredith Wilson’s Music Man Con Man (or Woman!!) have in common? Attend this Santa Fe Saturday “Plenary Session” to experience our Answer and Admonition Against hubris!
“The play’s the thing
Wherein I’ll catch the conscience of the king.”
(Or the Proud Probate Practitioner who thinks They’re The THING!)
Hamlet, Act II, Scene 2
Written by Spencer J. Crona, Esq., Of Counsel, Miller & Steiert, P.C., and David Struthers, Esq., Evans Case LLP
Directed by David Struthers, Esq., Evans Case LLP
Submitted for .5 Ethics/Professionalism Credits
9:45 – 10:00 am
Adjourn to Breakout Sessions
Networking Break
10:00 – 11:10 am
Breakout Sessions
Choose from Breakout Session #6, 7, 8, 9, 10, or 11 during registration
11:10 – 11:30 am
Networking Break
Sponsored by Bessemer Trust
11:30 am – 12:40 pm
Breakout Sessions
Choose from Breakout Session #6, 7, 8, 9, 10, or 11 during registration
12:40 pm
Adjourn
BREAKOUT SESSIONS
Breakout Session #1 (Lecture)
Estate Planning for Cannabis and Digital Assets
Estate planning for clients with unique assets like cannabis and digital assets is an increasing challenge. It is important to understand the requirements for and complications involved with succession that may impact a client’s goals. The session will also address practical options that can be considered to work within the client’s objectives.
Presented by Anthony A. Garcia, Esq., The Anthony A. Garcia Law Firm, and Leia Ursery, Esq., Goodspeed Merrill
Breakout Session #2 (Lecture)
Decedent’s Assets: Where Did They Go, Can They Be Clawed Back, and Strategies for Recovering Assets for Aggrieved Creditors and Beneficiaries
This presentation focuses on the rights of creditors, beneficiaries, and the personal representative to claw back certain assets into a decedent’s estate when they were transferred by the decedent prior to death, with or without fraud. The rules for which types of assets may be clawed back, when, how, and by whom are complex. Failing to understand these rules can lead to dire consequences for clients and practitioners. This issue becomes even more complex when a decedent owned property outside the State of Colorado, or, worse, outside the United States. This presentation will discuss the rules related to clawing back assets into a decedent’s estate for the benefit of aggrieved creditors and beneficiaries, and will touch on certain estate planning techniques to properly pass assets to beneficiaries outside the reach of the probate estate and its creditors.
Presented by Lee Katherine Goldstein, Esq., and Courtney L. Kelley, Esq., Fairfield and Woods P.C.
Breakout Session #3 (Interactive Workshop) - FULL
Estate Planning and Tax Issues for Closely Held Business Owners
For business-owning clients whose major asset and greatest source of income is concentrated in closely held businesses, there are numerous tax and non-tax considerations when planning for the creation, maintenance, and generational transfer of such assets. This session will provide an overview of planning with closely held business interests; will explore specific case studies/real world examples of advising with respect to such assets, including transfer restrictions, buy-sell agreements, and S-corporation stock; and will address considerations related to administration and litigation involving closely held businesses.
Presented by Jessica Creevy, Esq., Morgan Wiener, Esq., and Maribeth Younger, Esq., Williams Weese Pepple & Ferguson
Breakout Session #4 (Interactive Workshop) - FULL
Income Taxation of Trusts - Puzzles and Opportunities
We will review a list of ~10 common puzzles and planning opportunities involving the federal (and state, as appropriate) income tax rules of trusts. Our presenters will explain each listed rule and planning opportunities/traps that might be triggered by the rule.
Presented by Curtis J. Bankers, Esq., and Christopher Cole, Esq., Sherman & Howard
Breakout Session #5 (Interactive Workshop) - FULL
Oil, Gas, Wills, Trusts and Estates in Multi-States
This presentation will go over an introduction of oil and gas law basics, terminology, and business practices of major oil and gas operators. We will discuss the differences between a determination of heirship, probate, and quiet title actions for transferring oil and gas interests in Colorado, and an examination of the different state probate procedures in ND, NM, TX, UT, and WY. Finally, we’ll end with an examination of sometimes controversial non-probate avenues for distributing small oil and gas interests remaining in a decedent’s estate.
Presented by Simon Tolbert, Esq., CPL, Mountain States Energy Attorneys & Advisors, PLLC/Tolbert Law Office, PLLC
Breakout Session #6 (Lecture)
Civil Theft in Probate Litigation
This session will explain the use of civil theft claims in probate litigation based on our successful trial and published Court of Appeals decision in Chavez v. Chavez-Krumland. We will address pleading requirements, implications for right to a jury trial, manner of proof, and implications for fee requests by an unsuccessful fiduciary who loses such a claim. We will place special emphasis on use of these claims during victim lifetimes, and tools such as preferential settings to secure positive outcomes.
Presented by Jody Pilmer, Esq., and Zachary Schlichting, Esq., Wade Ash Woods Hill & Farley, P.C.
Breakout Session #7 (Lecture)
Practical Planning for Cross-Border Clients
The seminar will cover important income tax, gift tax, estate tax, and succession planning issues for cross-border international families. You will learn the key issues and walk away with actionable solutions that you can use in your practice.
Presented by Shelly D. Merritt, Esq., Berg Hill Greenlear Ruscitti, and Merry H. Balson, Esq., Balson Faix & McVey, LLP
Breakout Session #8 (Interactive Workshop) - FULL
Oh, No, You Deedn’t – The Real State of Real Estate Fraud in Decedent Estates
Estate fiduciaries are charged with collecting, protecting, and marshalling real estate assets of a decedent, whether the same are to later pass via probate or trust. In an increasingly common occurrence, however, the Personal Representative or Trustee must grapple with – and must always be conscious of – the possibility of fraud having occurred in relation to estate real property. Real estate fraud can take many forms and may arise via facially deficient deeds, undue influence, deathbed gifting, and in other ways. This session will explore estate administration case studies involving real estate fraud as well as practitioner methods and best practices to identify and combat the same.
Presented by Heidi J. Gassman, Esq., and Christopher W. Scolari, Esq., Moye White LLP
Breakout Session #9 (Interactive Workshop) - FULL
Nonjudicial Settlement Agreements Under the CUTC: A Viable Option for Modifying Trusts in Colorado?
Effective January 2, 2019, Colorado passed its own version of the Uniform Trust Code (CUTC), including CRS § 15-5-111 that permits the use of nonjudicial settlement agreements (NJSAs). When trusts aren’t working as intended, NJSAs can be a useful tool in a practitioner’s toolkit to modify those challenging trusts. This session will explore how NJSAs work in Colorado, their terms and conditions, their advantages, their limitations and when other avenues (decanting, court modification, etc.) might be a better or more conservative path. We will also consider the estate/gift tax implications that may arise with certain NJSAs. And lastly, we will discuss whether NJSA “wrappers” might serve as a substitute for a more typical directed trust arrangement.
Presented by Randi M. Grassgreen, Esq., and Norma Plache, Esq., Hutchinson Black and Cook, LLC
Breakout Session #10 (Interactive Workshop)
Considerations in Estate Planning for Polyamorous Relationships
The presentation will address considerations in estate planning for polyamorous relationships, including relationships in which none of the individuals involved are married and relationships in which at least two individuals are married. We will apply existing law to analyze potential challenges in estate planning for polyamorous relationships and contemplate solutions. We will address methods for creating trusting and open attorney-client relationships with clients who fall into this category.
Presented by Mary Kaitlyn Davis, Esq., Laurence Gendelman, Esq., and Hannah Leisman, Esq., Gendelman Klimas, Ltd
Presentation support and preparation provided by Nicholas Klimas, Esq., Gendelman Klimas, Ltd
Submitted for .3 Ethics/Professionalism Credits and .3 EDI Credits
Breakout Session #11 (Interactive Workshop)
11 Things I Wished I Knew Before Becoming an Entrepreneur!
Are you thinking about starting your own law firm? Have you already started your firm and feeling frustrated or overwhelmed? This session will present some tried and true tactics and strategies to provide guidance and encouragement to create the law firm of your dreams.
Presented by Michelle Adams, Esq., Law Office of Michelle Adams
Registration Fees
| Non Member | $779.00 |
| CBA Member | $584.00 |
| CBA Trust & Estate Section Member | $479.00 |
| CBA Elder Law Section Member | $479.00 |
| CLE Basic Pass Holder | $389.00 |
| Active Military | $295.00 |
| Public Service/Government | $295.00 |
| Paralegal/Support Staff | $295.00 |
| CLE ELITE Pass Holder | $295.00 |
| New Lawyer Edge Member | $295.00 |
| Student Currently Enrolled in Law School | $149.00 |
- General Credits: 8.00
- Ethics Credits: 0.80
- EDI Credits: 1.70
To join the CBA or add a Section to your membership click