2010 Annual Estate Planning Retreat
June 2010
2010 Annual Estate Planning Retreat
You are cordially invited to attend the 2010 Annual Estate Planning Retreat being held this June 17-19 at the VAIL MARRIOT MOUNTAIN RESORT & SPA in Vail, Colorado! Please take a few moments to look through the brochure agenda, topics, faculty, and registration information. This year's Retreat promises to offer outstanding, advanced-level discussion and will provide attendees with an opportunity to gain insight into current topics that impact your practice. Join us for this outstanding program in Vail!
This annual advanced-level program is co-sponsored by the Trust and Estate Section of the Colorado Bar Association and CBA-CLE. The program is unique in that it primarily consists of interactive, small group discussions. Each registrant will participate in four out of eight highly active discussion groups LIMITED TO 20 PARTICIPANTS PER GROUP. Participants are prepared to join in with comments and questions because the course materials are mailed to each individual at least 2 weeks before the conference begins, providing each person with an opportunity to review the materials and actively join in the group discussions as facilitated by each presenter.
A Quick Tip: Help us stay green! Print just the materials for the 4 sessions you plan to attend and bring them with you to the Retreat, or bring your laptop to your session and view the materials electronically!
SAVE $20 BY GOING GREEN - Choose to reveive digital materials rather than printed book and save $20!
*Register NOW to ensure your space because ATTENDANCE IS LIMITED! Each breakout session is limited to 20 participants. Please indicate on the registration form which breakout sessions you plan to attend or call (303) 860-0608 and speak to Terri. The registration will be available to download soon!*
Make your hotel reservations early!
CANCELLATIONS: If you are unable to attend, please notify CBA-CLE by June 1, 2010 and we will gladly refund your tuition in full. Cancellations after June 1 will be refunded less a $50 cancellation fee.
Agenda
Thursday, June 17th
6:00 – 7:30 p.m.
Welcome Reception for Registrants and their Guests
Friday, June 18th
7:30 a.m.
Registration Open
7:30 – 8:45 a.m.
Buffet Breakfast
8:00 a.m. - Welcome and Introductions
Walter M. Kelley II, Program Chair
Miller & Steiert PC
Gary Abrams, Executive Director
Colorado Bar Association CLE
8:15 a.m. - PLENARY SESSION
The Brooke Astor Case: Pitfalls of Problem Estates and Lessons for Avoiding Ethics and Legal Problems (and Criminal Prosecution)!
Presented by Joel J. Seidemann, Assistant District Attorney and Senior Trial Counsel, New York County District Attorney's Office, White Plains, New York
9:15 a.m. - Adjourn to Breakout Sessions
9:25 a.m.
*SESSION A
10:45 a.m.
Refreshment Break
11:00 a.m.
*SESSION B
12:20
Adjourn – Enjoy Vail!
6:00 - 7:15 p.m.
Annual Wine Tasting
Saturday, June 19th
7:00 a.m.
Registration Open
7:15 – 8:45 a.m.
Buffet Breakfast
8:00 a.m.
Case Law & Legislative Update
The Colorado Case Law Update will summarize recent appellate decisions concerning estate planning and administration, donative trusts, elder law, protective proceedings, probate and related issues.
Presented by Melissa J. Sullivan, Esq., Hutchinson, Black & Cook, LLC, Boulder, CO and Matthew Laurel Trinidad, Esq., Garfield & Hecht, PC, Aspen/Avon/Glenwood Springs/Rifle, Colorado
9:15 a.m. - Adjourn to Breakout Sessions
9:25 a.m.
*SESSION C
10:45 a.m.
Refreshment Break
11:00 a.m.
*SESSION D
12:20 p.m.
Adjourn – Thank you for your participation!
*BREAKOUT SESSIONS*
PLEASE INDICATE THE 4 SESSIONS YOU PLAN TO ATTEND ON THE REGISTRATION FORM.
TOPIC # 1.
Trustee's Duty to Inquire or a Right to Pry - Perspective is Everything
What types of information and how much should a trustee seek to know about the circumstances of a beneficiary in order to meet its fiduciary duty? The extent that Trustees respond to this duty varies signigicantly. In addition trustees need to appreciate the tension between this need for information about a beneficiaries circumstances and the requirement of confidentiality and respect for privacy. Many attorneys have attempted to clarify or modify the extent that a trustee will be required to inquire. Others have drafted to require beneficiaries to cooperate with the trustee in providing all information requested. The presenters have concluded that there is a significant divergence of approach to these issues buy practitioners and look forward to a lively discussion on the best practices relating to the duty to inquire.
We will discuss drafting tips and pitfalls. In addition through case studies we will discuss a number of practical conglicts and concerns encountered when trying to comply with the duty to inquire.
Presented by Dennis N. Whitmer, Esq., Colorado State Bank and Trust, Denver, Colorado and Eugene P. Zuspann, II, Esq., Zuspann & Zuspann, Denver, Colorado
TOPIC # 2.
Is Your Hand on the Chopping Block? Avoiding Malpractice
When family members are disinherited or receive less than they anticipated from an estate, animosity surfaces and malpractice claimes can arise. Clients and beneficiaries will turn on their estate planning attorneys, administratiors and probate litigators for what they perceive to be negligent planning, maladministration or mistakes make in the court room. Planners, administrators and probate litigators need to be particularly diligent in guarding against these claims. This presentation looks at common sources of malpractice liability and practical techniques to avoid them. The topics include the following:
-Recognizing when adults cannot represent the interest of minors in settlement agreements.
-Fraud, attorney aiding and abedding civil conspiracy.
-Lawyers who prepare wills for incompetent clients.
-Lawyers who permit beneficiaries to become involved in the estate planning process.
-Failure to timely file allowances and augmented estate election.
-Failure to timely make elections on the 706, including alternative valuation, 6166, 2032A, QTIP and GST elections.
-Failure to timely disclaim.
-Failure at trial to object to incompetent testimony under the Dead Man's Statute.
-Failure to control the renegade fiduciary.
-Avoiding conflicts of interest representing joint clients.
-Business transactions with estate planning client.
-What is happening to the privity protection in Colorado.
Presented by Keith D. Lapuyade, Esq., Godfrey & Lapuyade, PC, Englewood, Colorado and Herbert E. Tucker IV, Esq., Wade, Ash, Woods, Hill & Farley PC, Denver, Colorado.
TOPIC # 3.
Understanding Chaos - Planning in the Uncertain Estate and GST Tax World of 2010 and Beyond
The lapse of the Estate and GST taxes for 2010 and the potential reinstatement in 2011 of the tax structure inplace for 2001 has created tremendous confusion. Planners are confronted with a maze of unanticipated consequences under existing plan structures. This session will examine those consequences and how best to deal with them.
Presented by David L. Starbuck, Esq., Baker & Hostetler, LLP, Denver, Colorado
TOPIC # 4.
Creditor's Claims in Decedents' Estates - Beyond the Basics
Most attorneys attending the Retreat are familiar with the basics of claims presentation and resolution in the context of decedents' Estates. Many, however, will appreciate this in depth analysis and discussion of more advanced creditors' claims issues in estate administration including:
-Dealing with insolvent and illiquid estates
-Foreclosures and accrual of deficiency claims against the Estates of deceased borrowers
-Contingent claims
-Counterclaims and the jurisdiction of the probate court
Presented by Melissa R. Schwartz, Esq., Steenrod, Schwartz & McMinimee, LLP, Denver, Colorado
TOPIC # 5.
Capacity to Execute a Will or Trust - The “Lucid Interval” Can Get You 1 - 3 in Canon City
This presentation will look at capacity from the perspective of an estate planner and an elder law attorney. The question for estate planners is not “Does my client have capacity?”, but rather, “Does my client have the capacity to execute (this particular document)?” The presenters will use the Brooke Astor case for a discussion model.
The presenters will use a variety of tools, including case law, Rule 1.14 of the Colorado Rules of Professional Conduct, the ACTEC Commentaries on the Model Rules and the American Bar Association publication “Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers,” to discuss the ethical duties and practical responsibilities of the estate planner in developing an estate plan for new and long standing clients who may (or may not) be under a disability.
Presented by Michael A. Kirtland, Esq. and Catherine A. Seal, Esq. Kirtland & Seal LLC, Colorado Springs, Colorado
TOPIC # 6.
Beyond the Boilerplate: Re-Shaping Current Practice Using Advance Directives
-It's Not Just About "Pulling the Plug”
-Addressing "Quality of Life," Caregiving, Chronic Disease and other Important Issues
-Coordinating and Connecting Advance Directives with Other Documents in the Estate Plan
-Preparing the Agent for "Active Duty"
-Update on Legislation Affecting Advance Directives
-Advance Directives at Work: How Doctors Interpret and Use Documents We Write
-"Advance Care Planning" as a Process: Perspectives from Inside the Hospital
-Strengths, Shortcomings, Obstacles and Suggestions
-How Doctors and Lawyers Can Be On the Same Team to Help the Same Person -- Our Clients, Their Patients
Presented by Susan Fox, JD, MA, Golden, Colorado and Mark Ammons, MD, Front Range Cardiac, Thoracic and Vascular Surgery, Denver, Colorado
TOPIC # 7.
Preserving, Obtaining, and Preventing Flexibility in Trusts
During this breakout session, the presenters will consider how practitioners draft trusts to preserve flexibility over dispositive, trusteeship and administrative provisions, how such flexibility may be obtained by court approval, and steps practitioners may take if clients wish to preclude flexibility. Practice pointers will be provided and solicited. Decanting, reformation, modification and termination will be discussed. Related tax issues will be addressed.
Presented by Kelly Dickson Cooper, Esq., Holland & Hart LLP, Denver, Colorado and Gregory T. Densen, Esq., Sherman & Howard LLC, Denver, Colorado
TOPIC #8.
Modifications to the Uniform Probate Code
This track will cover changes to the Colorado Probate Code, including
- Change to the cost of living adjustments and its effect on elective shares and exempt property
- Computation of intestate shares
- Assisted reproduction, intestacy and class gifts
- Broader definitions of a parent for purposes of intestate shares and class gifts
- Notarized wills
- Reformation to correct mistakes and achieve tax objectives
- Effective dates
Presented by Elizabeth A. Bryant, Esq., Elizabeth A Bryant PC, Denver, Colorado; Esq., Kimberly Willoughby, Esq., Willoughby & Eckelberry LLC, Denver, Colorado; and Constance B. Wood, Esq., Constance Beck Wood LLC, Denver, Colorado
Hotel Information:
Dates June 17-19, 2010
Estate Planning Retreat Headquarters:
Vail Marriott Mountain Resort & Spa
715 West Lionshead Circle
Vail, CO 81657
(970) 476-4444
Rooms are being held for guests of the Estate Planning Retreat until June 10, 2010.
Room rates at the Vail Marriott:
Single/Double Occupancy Rate:
$149 Standard & Lodge Rooms plus applicable taxes
$189 Studio & Deluxe Rooms plus applicable taxes
Please identify yourself as a member of the "Estate Program" with Colorado Bars Association, CLE in order to receive the group discount.
To reserve your room, please contact the Reservation Department at (800) 648-0720 or contact the Vail Marriott Hotel directly at (970) 476-4444
A deposit equal to one night room and tax is due upon booking. The balance is due upon arrival. If canceled after June 1, 2010, 100% of the deposit is forfeited. No shows, and early departures will be changes the entire length of scheduled stay.
2010 RETREAT SPONSORS:
Platinum Sponsor:
- Investment Trust Company
Gold Sponsors:
- American National Bank
- Colorado State Bank and Trust N.A.
- Cordes & Company
- JAMS
- LexisNexis
- Marsh Affinity Group Services
- U.S. Bank
Silver Sponsors:
- ABA Retirement Funds
- Bank of the West
- Gibraltar Business Appraisals, Inc.
- Merrill Lynch Global Wealth Management
- Senior Helpers
- Space Management
Bronze:
- Dumb Friends League
- Investors Independent Trust Co.
- Members Trust Company, FSB
SPONSORSHIP ARE STILL AVAILABLE!
Please contact Mary Dilworth at [email protected] for additional information.
Registration Fees
| Non-member (P) | $429.00 |
| Non-member | $409.00 |
| CBA Member (P) | $379.00 |
| T&E Section (P) | $359.00 |
| CBA Member | $359.00 |
| Trust & Estate Sect | $339.00 |
- General Credits: 9.00
- Ethics Credits: 1.20
- EDI Credits:
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