Video Replay Denver Trust and Estate Annual Fall Update - Making the Right choices
November 2012
Trust and Estate Annual Fall Update
Making the Right Choices
Program Highlights
- Planning for Retirement Accounts That Outlive Their Owners
- Dealing with Creditors in a Conservatorship
- Duties, Pitfalls and Ethical Concerns of a Lawyer Serving as Fiduciary
- Ethics: Diminished Capacity
- Estate Planning for Non-Traditional Families
- Trust Protectors: Powers, Capacity, and Selection
- How to Attack and Defend Expert Witnesses in Trust and Estate Litigation
Program Description:
As an estate planning attorney, you make many choices. These choices may have profound consequences for your client, as well as long-lasting ethical ramifications for you and your practice.
At this year’s Fall Update, you will get the guidance and knowledge you need to make the right choices for yourself and your clients.
Whether it’s the discussion of the new proposed statute that would provide flexibility when a creditor’s claims exceed the conservatorship assets, or whether you are deciding about serving as a personal representative or trustee, you can discuss practical problems and explore solutions to these issues and more, at this year’s Update.
If you are an estate planning attorney, chances are you will at some point find yourself involved in a case where your client may lack capacity or suffer from diminished capacity. Consider your choices that may arise in the course of a protective proceeding.
Non-traditional families must take extra precautions when creating an estate plan. It is therefore essential to protect your non-traditional-family clients by preparing a thorough estate plan that addresses their needs. After this session, you will understand how Colorado’s new Designated Beneficiary Agreement statute works, and you will also learn what you need to know on second-parent adoptions.
Don’t miss some of the best discussions from this year’s Estate Planning Retreat, including the mock trial demonstrating direct, and cross examination of an expert in a breach of fiduciary case!
Agenda:
8:30am
Registration and Continental Breakfast
9:00am
Introduction and Welcome
Spencer J. Crona, Esq., and Walter M. Kelly II, Esq., Program Co-Chairs
9:10am
Planning for Retirement Accounts That Outlive Their Owners
Most clients hope that their IRAs and qualified retirement plans will provide them with a comfortable retirement income and perhaps a legacy for their beloved family, friends or charities. What happens when a retirement account owner or plan sponsor dies? What planning choices are available? What are their tax consequences, estate planning ramifications and potential penalties? We will explore how to coordinate IRA and retirement plan beneficiary designations with the account owner's estate plan, what perils and pitfalls to avoid during the estate planning process and post-mortem planning opportunities.
Presented by Nancy R. Crow, Esq.
10:00am
Networking Break
10:10am
Dealing with Creditors in a Conservatorship
This topic will cover the current statutes on dealing with creditors in conservatorships as well as a new proposed statute which would provide flexibility managing a case where creditors' claims exceed the conservatorship assets.
Presented by Marcie R. McMinimee, Esq.
10:50am
Duties, Pitfalls and Ethical Concerns of a Lawyer Serving as Fiduciary: What You Need to Know
What does the estate planning attorney need to be aware of before agreeing to serve as Personal Representative or Trustee for a client? Particularly for small estates and trusts, or for larger estates with problematic assets and little liquidity, a corporate fiduciary may not be a viable option. What alternative solutions exist? What ethical and practical issues are raised when the drafting attorney serves as P.R. or Trustee? This will be a discussion covering the basic duties and practical problems of serving as a fiduciary, the ethical issues of the lawyer serving as such, and suggestions for avoiding or mitigating the many liability traps and other practical pitfalls into which an unwary individual fiduciary can step.
Presented by Darla L. Daniel, JD, Vice President and Trust Officer, and Daniel Rich, Executive Vice President and Trust Manager
11:50am
Lunch Break on Your Own
1:00pm
Ethics: Diminished Capacity
Like it or not, most trust and estate planning attorneys will eventually find themselves in the middle of a case where the attorney discovers the client may lack capacity or at least suffer some diminished capacity. The Rules of Professional Conduct can be less than enlightening as to what to do in this situation. This session will consider this topic and the alternatives available to the attorney, as well as dealing with the client whom the attorney discovers may have diminished capacity as well as the ethical issues in dealing with a client where the original purpose of the proceeding is a protective proceeding for the client.
Presented by Michael A. Kirtland, Esq.
1:50pm
Trust Protectors: Powers, Capacity, and Selection
Greg Densen will consider the powers that may be granted to a trust protector, the capacity in which those powers should be exercised (as a fiduciary or as a non-fiduciary), and who should serve in the role of trust protector. Protections to be offered to the trust protector will be discussed. Practice pointers will be provided and solicited. Drafting options will be shared and explored.
Presented by Gregory T. Densen, Esq.
2:50pm
Networking Break
3:00pm
Estate Planning for Non-Traditional Families 2012: Designated Beneficiary Agreements and Second Parent Adoptions
This session will bring you up to date on the 2012 legislative changes to the Designated Beneficiary Agreement Act, and offer practice pointers on use of the form. We will also review the Second Parent Adoption process under Colorado law.
Presented by Elizabeth A. Bryant, Esq., and Erica L. Johnson, Esq.
3:50pm
How to Attack and Defend Expert Witnesses in Trust and Estate Litigation
This program will offer a mock trial setting featuring Marc Darling as an expert in a breach of fiduciary duty case. Through live demonstration, counsel will address the following issues:
- Selection and engagement of experts
- Avoiding conflicts of interest - what the expert should do when contacted
- Consulting expert versus testifying expert
- Disclosure of experts and expert opinions
- Preparing your expert for deposition
- Preparing the expert for cross examination
- Deposing your opponent's expert
- Cross-examining your opponent's expert
- Rehabilitating your expert after cross-examination
- Evidentiary rules regarding the qualification of experts
Presented by Marc Darling, Esq., Keith Lapuyade, Esq., and Herbert E. Tucker, IV, Esq.
5: 00 pm
Adjourn
Planning Committee
Spencer J. Crona, Esq.
Brown & Hulbert, LLC
Denver, CO
Walter M. Kelly II, Esq.
Miller & Steiert, PC
Littleton, CO
Faculty
Elizabeth A. Bryant, Esq.
Elizabeth A. Bryant, PC
Denver, CO
Nancy R. Crow, Esq.
Pendleton Wilson Hennessey & Crow, PC
Denver, CO
Darla L. Daniel, JD, Vice President and Trust Officer
Colorado State Bank and Trust
Denver, CO
Marc Darling, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Gregory T. Densen, Esq.
Sherman & Howard, LLC
Denver, CO
Erica L. Johnson, Esq.
Ambler & Keenan, LLC
Denver, CO
Michael A. Kirtland, J.D., LL.M., CELA
Kirtland & Seal LLC
Colorado Springs, CO
Keith Lapuyade, Esq.
Godfrey & Lapuyade, PC
Englewood, CO
Marcie R. McMinimee, Esq.
Steenrod, Schwartz & McMinimee, LLP
Denver, CO
Daniel Rich, Executive Vice President and Trust Manager
Steele Street Bank & Trust
Denver, CO
Herbert Tucker, IV, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Video Replays: December 12, 2012
Denver: CLE Classroom, 1900 Grand Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Small Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $309.00 |
| CBA | $289.00 |
| TRUST | $269.00 |
| CLPE | $269.00 |
| Non Member | $249.00 |
| New Lawyer | $249.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 6.00
- Ethics Credits: 1.00
- EDI Credits:
To join the CBA or add a Section to your membership click