Thursday, June 12, 2025

Golf at Vail Golf Club - SOLD OUT

When: Thursday, June 12th, first tee time 11:30 am

Where: Vail Golf Club, 1775 Sunburst Dr., Vail, CO 81657  

Cost: $184 per person

Fee Includes: Green fee, cart and range balls

Deadline to sign up for golf is Friday, June 6, 2025

*Lunch will NOT be provided.

4:30 - 5:00 pm  

Trust and Estate Ambassador and New Attendee/New Attorney Meetup

5:00 - 7:00 pm  

Welcome Reception

Friday, June 13, 2025

7:15 - 8:00 am  

Registration and Breakfast   (for Registered Attendees Only)

8:00 - 8:05 am  

Welcoming Remarks  

Extended by Jody Davis, Esq., CBA-CLE Program Attorney, and Jonathan F. Haskell, Esq., Wade Ash LLC

8:05 - 9:05 am  

Probate Judicial Panel  

Panelists include The Honorable H. Clay Hurst, Presiding Probate Judge, 18th Judicial District/Arapahoe; The Honorable Elizabeth D. Leith, Presiding Judge, Denver Probate Court, 2nd Judicial District; The Honorable Jonathan K. Shamis, 5th Judicial District, and The Honorable C. Jean Stewart (ret.), Jean Stewart LLC.

Panelist and moderated by The Honorable Sara S. Price, 17th Judicial District Magistrate, Brighton. 

9:05 - 9:25 am  

Transition to Breakout Sessions - Please visit your sponsors

9:25 - 10:15 am  

Round A Breakout Sessions  

Please choose from Sessions 1 or 2

Session #1  

Business Succession Planning; Focus on Pre-Liquidity Considerations

Most client-families are owners of closely held businesses. This presentation will focus on many of the business succession issues, more specifically pre-liquidity issues, we face with our clients, including:

• Income Tax Considerations: state income tax planning (forum selection and ability to use states like NV and WY to avoid state income tax), use of charitable vehicles for income tax mitigation, and QSBS eligibility and stacking.
• Estate Tax Considerations: transfers to family members or trusts, timing of transfers, valuations, formula clauses, and transferring or retaining control of the business.

Presented by Donald (Skip) Hutchins, J.D., LL.M., BakerHostetler, and James S. Judd, J.D., LL.M., BakerHostetler.

Session #2  

Burning Questions About the Boiler(plate): Why is That There?

The boiler (or other HVAC equipment) lurking in your basement comprises many moving parts which, when taken independently, may not seem significant.  But each part enables the system to make your home comfortable by producing (or reducing) heat. Removing or adding one part could prevent your well-designed system from producing the expected result or even cause it to break down completely.  The same applies to estate planning documents. This session will discuss seemingly innocuous provisions found in wills and trusts, delve into the significance of the provisions, and what could happen without them. Understanding these provisions not only helps you serve your clients but is also critical to fulfilling your duty of competency.  

Presented by Michelle Mieras, J.D., LL.M., CTFA, CDFA®, BMO Wealth Management.

10:15 - 10:25 am  

Break

10:25 - 11:15 am  

Round B Breakout Sessions  

Please choose from Sessions 3 or 4

Session #3  

Death of a Narcissist - Unfunded Trusts and Trustee Releases

In this session, the presenters will explore the challenges of an unfunded trust through a case study, addressing concerns and solutions. The discussion will then shift to the complexities of trustee releases, focusing on the critical interplay between beneficiaries' demands-"Give me my money,"-and trustees' requirements-"Sign here first."  

Presented by James (Jim) R. Walker, J.D., LL.M., Womble Bond Dickinson LLP, and Jonathan F. Haskell, Esq., Wade Ash LLC

Session #4  

Banks and Trust Companies as Fiduciaries: Practical Advice on How We Work

This presentation will offer some insight into how to work with banks and trust companies, walking you through the life cycle of the relationship. We'll focus on:

• How should your client pick the right fiduciary, and what are the questions that they should ask?  
• Once your client has picked a fiduciary, how do you successfully nominate them in the documents?  
• When it's time for the bank or trust company to serve, how does the Trust Officer onboard the account?
• How do Trust Officers review discretionary distribution requests, and what is the process for these to be approved?  
• Top Tips for Working with Banks and Trust Companies

Presented by Gina M. Trevey, JD, CTFA, Raymond James Trust N.A., and Holly M. VandeHoef, JD, CPWA®, Midwest Trust Company

11:15 - 11:30 am  

Networking Break - Please visit your sponsors

11:30 am - 12:30 pm  

Round C Breakout Sessions  

Please choose from Sessions 5 or 6

Session #5  

Mediating Probate Disputes: Navigating Family Dynamics, Pre-Mediation Discovery Considerations, and Opportunities and Pitfalls under the Colorado Dispute Resolution Act (CDRA) and Case Law

Probate matters (both pre-suit and during litigation or arbitration) often involve complex family dynamics such as perceived inequalities, unresolved conflicts, and differing expectations about fiduciary selections, the division of estates, and trust distributions. Mediation provides a flexible, private, participant-controlled process to understand and address each family member's interests. In this presentation, we will discuss identifying and addressing family dynamics while preparing parties, counsel, and the mediator for mediation, and then navigating those dynamics during mediation. We will also offer pointers about pre-mediation discovery, including seeking information about real estate ownership and valuation, criminal histories, civil judgments, tax liens, and health care records. We will discuss important opportunities and traps under the Colorado Dispute Resolution Act (CDRA) and case law, such as courts' power to compel mediation and limitations on that power, confidentiality, creating binding mediation settlement agreements, who may be bound by a mediation settlement agreement, obtaining continuances of hearings and trials to focus on settlement negotiations, and lawyers' ethical obligations in mediation.

Presented by Steven C. Choquette, Esq., JAMS, and Kris A. Zumalt, Esq., JAMS

Session #6  

'Til Death (or Divorce) Do We Part: The Intersection of Marriage and Modern Estate Planning

The modern planning landscape provides trust and estate attorneys with the opportunity to discuss a variety of strategies with their clients. Many of these strategies work particularly well for married couples but can create complications when that marital status changes. This presentation will use real-world scenarios to discuss important considerations for attorneys and clients given the intersection of marriage, divorce, and modern estate planning. The 3-person panel includes experts in the areas of estate planning, family law, and trust/estate administration.  Discussion will include pitfalls to be on the lookout for, best practice pointers, and ethics considerations.  

Presented by Kara Chobrak, Esq., Buchalter, Jessica R. Diaz, Esq., Taft Stettinius & Hollister LLP, and Elizabeth T. Meck, Esq., The Northern Trust Company

12:30 pm  

Adjourn

2:00 pm 
Optional Bike Ride
Come clear your head and get some fresh air.  Meet us in the lobby of the Hythe hotel at 1:30 pm ready to ride from the hotel to the top of Vail Pass.  Enjoy the view by traveling over 2,500 feet and 30 miles.  Feel free to partake in the full enchilada or whatever part you are comfortable doing.  Spouses and children are welcome to attend.

 

5:30 - 7:30 pm  

Annual Wine Reception - Sponsored by Midwest Trust Company

Saturday, June 14, 2025

7:15 - 8:00 am  

Breakfast  (for Registered Attendees Only)

8:00 - 8:05 am  

Welcome Back and Announcement of the 2025 R. Sterling Ambler Award Recipient  

Extended by Jonathan F. Haskell, Esq., Wade Ash LLC

8:05 - 8:10 am    

CBA Trust & Estate Justice, Equity, Diversity, and Inclusivity Committee Remarks

8:10 - 9:00 AM  

You Can't Ask That! (But You Should): Gender, Pronouns, & LGBTQIA+ Representation in Estate Planning and Litigation

This session will provide a crash course in gender, pronouns, and terminology that is central to representing LGBTQIA+ clients, as well representing clients who are not LGBTQIA+ but who have a family member whose gender, pronouns, or name change the client doesn't understand. The panelists will discuss practical and real-life application of this information in both estate planning and litigation contexts. The presenters will also open the floor for attendee questions on this topic that might feel too delicate to raise in other contexts.  

Presented by Kelianne Chamberlain, Esq., Hoskin Farina & Kampf, PC, and Kailie H. Wilson, Esq., Frazer-Abel | Kelly

Submitted for 1 EDI Credit

9:05 - 10:05 am  

Keynote Presentation

Estate Planning for Cyber Property - Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse

New types of property without tangible form are evolving rapidly from ubiquitous electronic communications such as e-mail and text messages to the generally understood realm of cryptocurrency, to the growing use of ethereal non-fungible tokens, and to the fringes of the Metaverse. Without an understanding of these assets, attorneys will lack the sophistication necessary to provide sage advice to their estate planning clients. The presentation begins by describing the structure of these cyber assets and then moves on to examine the planning techniques currently available starting with basic steps that provide substantial predictability. Focus will then be directed to the uncertainty in outcomes that arises because many of these virtual assets have extreme value volatility and the prudent methods which may be used for handling these assets in estates and trusts to reduce the potential of fiduciary liability.  

Presented by Gerry W. Beyer, J.D., LL.M. and J.S.D., Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law

10:05 - 10:30 am    

Networking Break - Please visit your sponsors

10:30 - 11:20 am  

Round D Breakout Sessions  

Please choose from Sessions 7 or 8

Session #7  

Marital Deduction & Formula Funding Clauses

This presentation will cover selected aspects of the federal estate tax marital deduction and planning, with a particular focus on marital deduction funding formulas.  

Presented by Daniela Ronchetti, Esq., Tuthill & Hughes LLP

Session #8  

Fundamentals of Drafting Irrevocable Trusts.  

This presentation will focus on structuring and drafting irrevocable trusts.  Information presented will include the following: (i) discussion of structure and type of irrevocable trust to choose for a client's particular situation, (ii) grantor versus non-grantor irrevocable trusts and how to cause grantor trust status, (iii) Crummey powers, (iv) generation-skipping transfer tax treatment and related considerations, (v) the role of fiduciaries and advisors (independent trustee, trust protectors and investment advisors), (vi) caution in drafting to prevent estate tax inclusion, (vii) provisions to incorporate flexibility into the irrevocable trust document, and (viii) forum selection. This presentation will not cover irrevocable trusts in the Medicaid planning context.  

Presented by Cindy Basham, Esq.

11:20 - 11:30 am  

Break

11:30 am - 12:30 pm  

Round E Breakout Sessions  

Please choose from Sessions 9 or 10

Session #9  

Claims Against an Estate - Types, Timeliness and When and If to Pay Them

We will discuss creditor claims against decedent's estates and ward's and protected persons' estates. This will include how and when to give notice to creditors, how to analyze and respond to pre-death, date-of-death, and post-death claims, how to calculate creditor bar dates, how claims are allowed and disallowed, and how to handle and respond to requests for the family and exempt property allowances. We will also discuss payment and priority of personal representative's fees and attorney fees, and claim priority of other claims and allowances, child support claims, payment of claims and allowances, and a personal representative's liability for improperly paid claims.   

Presented by Andrea N. Mahoney, Esq., Olsen & Mahoney, LLP, and M. Kent Olsen, Esq., Olsen & Mahoney, LLP

Submitted for .6 Ethics/Professionalism Credit

Session #10  

Trust Modification for Trust & Estate Practitioners

This presentation will discuss why we may have need to modify an irrevocable trust after its creation and review avenues to modify an irrevocable trust.  Avenues for modification would include using trust terms (with practice pointers for planners to make documents more flexible); modification without court intervention (decanting, by agreement, etc.); and modification with court intervention (UTC, reformation, etc.).  We'll discuss the pros and cons of various approaches, and review recent case law regarding trust modification (ex. are beneficiaries who consent to trust modification making a gift for transfer tax purposes, etc.)  This presentation will be of interest to planners (drafting tips), estate/trust admin (finding solutions to modify irrevocable trusts), and potentially litigators.  

Presented by Hayley M. Lambourn, Esq., Wade Ash LLC

12:30 pm  

Adjourn

Location Information