Estate Planning Basic Skills Out of Stock
Co-sponsored by the CBA Trust and Estate Law Section
Experienced estate planning attorneys will show you the best tools to employ in common situations. Timely topics include ethical concerns, transfer tax issues, planning for smaller estates, estate planning with life insurance, the planning and drafting process, planning and drafting under the UTC, and more. The latter part of the program includes sessions that apply the concepts you’ve learned to typical client fact patterns. Finally, a judicial panel will discuss important problems and pitfalls that estate planning attorneys face. The Colorado Estate Planning Forms (Orange Book) will be a valuable tool during the program and is available for purchase when you register.
If you are an attorney who wants to develop an estate planning practice, a legal assistant working in the arena, or a practitioner looking to improve your skills in this important area of law, you don’t want to miss this program.
PROGRAM HIGHLIGHTS
• Information Gathering and the Initial Client Interview
• The Planning Process; The Drafting Process
• Execution of Documents and Follow-up Issues
• Introduction to Transfer Taxes
• Planning for Disability
• Planning for Single Clients and Smaller Estates
• Planning for Married Clients and Larger Estates
• Revocable Living Trusts
• The Colorado Uniform Trust Code, and Planning and Drafting Under the CUTC
• Introduction to the Marital Deduction
• Uses of Life Insurance in Estate Planning
• Introduction to Ethics in Estate Planning
• Traps to Avoid: The 10 Most Common Problems and Pitfalls as Seen Through the Eyes of the Bench, Including Malpractice
• Presentation and Discussion of Hypothetical Fact Patterns
Home studies will be available approximately 2-3 weeks following the live program.
For your own safety, the safety of others, and in an effort to provide everyone with the most rewarding in-person meeting and event experiences possible, we request that you attend this event only if you have been fully vaccinated. All attendees must wear masks for indoor events unless attendees can maintain a distance of six feet from each other, in which case masks may be removed. Masks may also be removed by an attendee, briefly, when they are speaking, eating, or drinking.
Depending on CDC and/or state or local health guidelines, a rise in COVID-19 cases, or other circumstances that may threaten the well-being of our attendees, CBA-CLE reserves the right to convert to a fully virtual event.
If disability accommodations or special assistance are needed, please contact us at [email protected]. Requests must be made at least two weeks prior to the scheduled program.
The program will be submitted for CLE accreditation in Colorado. If you need to seek accreditation in another state, please review the process and requirements for that individual state. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee’s responsibility to complete the accreditation outside of Colorado.
DAY 1 – Thursday, January 27, 2022
8:15 - 8:45 am
Registration and Coffee
8:45 – 8:50 am
Welcoming Remarks
Extended by Mark D. Masters, Esq., Program Chair, Glatstein & O’Brien, LLP
8:50 – 9:20 am
Information Gathering and the Initial Client Interview
• Using questionnaires to obtain essential personal and financial information
• Educating your client regarding the estate planning process and proposed
instruments
• Exploring sensitive matters such as blended families and problem children
• Counseling clients who need what they don’t want or want what they don’t need
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
9:20 – 10:15 am
The Planning and Drafting Process
• Designing a practical plan to carry out the client's wishes, while minimizing
taxes and administrative costs
• Nuts and Bolts I: statutory requirements and elements of a good dispositive document
• Nuts and Bolts II: disposing provisions, selecting fiduciaries, etc.
• Coordinating will provisions with other estate planning documents and
non-probate assets
• Common drafting problems and errors
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
10:15 – 10:25 am
Stretch Break
10:25 – 10:50 am
Execution of Documents and Follow-up Issues
• Ensuring proper execution
• Asset balancing
• Changing beneficiary designations and retitling assets
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
10:50 – 11:50 am
Introduction to Transfer Taxes
• Elements of the gross estate
• Transfer tax savings through wise use of deductions and credits
• Overview of gift taxation
• Selected income and generation-skipping tax issues
Presented by Mark D. Masters, Esq., Glatstein & O’Brien, LLP
11:50 am -12:20 pm
Moderated Discussion of Morning’s Topics and Panel
Presentation by Morning Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
12:20 – 1:30 pm
Lunch (On Your Own)
1:30 – 2:10 pm
Planning for Disability
• Advance medical directives: medical power of attorney, living will, CPR directive
• Proxy decision maker
• Financial powers of attorney
• Parental delegation of guardianship
• Medical Orders for Scope of Treatment (MOST)
Presented by M. Carl Glatstein, Esq., Glatstein & O’Brien, LLP
2:10 – 2:50 pm
Planning for Single Clients and Smaller Estates
• Widows and widowers
• Divorced clients
• Unmarried couples
• Using contingent trusts for children or grandchildren
• Considerations when planning the smaller estate
• Elderly clients
Presented by Erica Johnson, Esq., Ambler Keenan Mitchell Johnson, LLC
2:50 – 3:00 pm
Stretch Break
3:00 – 3:45 pm
Planning for Married Clients and Larger Estates
• Yours, mine and ours: second marriages and blended families
• Using contingent trusts for children or grandchildren
• Planning for problem adult children
• Non-tax considerations when planning the larger estate, such as distributions of business interests, etc.
• Which tax apportionment clause is appropriate
• Married with children
Presented by Mallory Hasbrook, Esq., Welborn Sullivan Meck & Tooley, P.C.
3:45 – 4:15 pm
Moderated Discussion of Afternoon’s Topics and Panel
Presentation by Afternoon Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
4:15 pm
Adjourn
Day 2 – Friday, January 28, 2022
8:45 – 9:15 am
Revocable Living Trusts
• Using a funded revocable trust as the disposing document
• Using an unfunded standby trust
• The need for a pour-over will
Presented by Julia G. McVey, Esq., Balson Faix & McVey LLP
9:15 – 10:05 am
The Colorado Uniform Trust Code, and Planning and Drafting Under the CUTC
• Mandatory and default trust terms under the CUTC
• Understanding the difference between types of beneficiaries and their rights
• Navigating notice and accounting obligations of the trustee
Presented by Constance Eyster, Esq., Hutchinson Black and Cook, LLC
10:05 – 10:20 am
Networking Break
10:20 – 11:20 am
Introduction to the Marital Deduction
• Why the marital deduction is important with or without a taxable estate
• How the marital deduction is relevant to step-up in basis
• Requirements to qualify for the marital deduction
• Types of marital trusts, including QTIP trusts
• Marital deduction plans, including disclaimer plans and formula plans (the A/B trust plan)
• Portability
Presented by Jennifer Spitz, Esq., Lyons Gaddis Kahn Hall Jeffers Dworak & Grant PC
11:20 am – 12:10 pm
Uses of Life Insurance in Estate Planning
• Types of life insurance policies
• Life insurance to provide estate liquidity and pay debts
• Paying estate taxes cheaply—an introduction to the irrevocable life insurance trust
Presented by Marianne Luu-Chen, Esq., Luu Chen LLC
12:10 pm – 12:30 pm
Pick up Box Lunches (Included in Your Tuition)
12:30 pm – 1:10 pm
Moderated Discussion of Morning’s Topics and Panel
Presentation by Morning Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
1:10 – 1:20 pm
Post Lunch Break
1:20 – 2:10 pm
Introduction to Ethics in Estate Planning
• Representing multiple clients: navigating through confidentiality and potential conflicts of interest
• Representing clients with disabilities or questionable capacity
• Who is my client? Identifying troublesome situations
• Engagement/disengagement letters
Presented by David Kirch, Esq., and Gerard “G.” Deffenbaugh, Esq., Kirch Rounds Bowman & Deffenbaugh, PC
Submitted for 1 Ethics Credit
2:10 – 3:00 pm
A Dozen Traps to Avoid: Suggestions, Problems and Pitfalls As Seen Through the Eyes of the Bench
Presented by Honorable Frances Johnson, 4th Judicial District, Honorable Vincent Rahaman, 4th Judicial District, and Honorable C. Jean Stewart (ret.), Jean Stewart LLC
3:00 – 3:10 pm
Stretch Break
3:10 – 4:30 pm
Moderated Discussion of Hypothetical Fact Patterns in Estate Planning Basics
Moderated by Mark D. Masters, Esq., Glatstein & O’Brien, LLP
4:30 pm
Adjourn
- Standard Price $779.00 USD
- Member Price $584.00 USD
- General Credits 15.00
- Ethics Credits 1.00
DAY 1 – Thursday, January 27, 2022
8:15 - 8:45 am
Registration and Coffee
8:45 – 8:50 am
Welcoming Remarks
Extended by Mark D. Masters, Esq., Program Chair, Glatstein & O’Brien, LLP
8:50 – 9:20 am
Information Gathering and the Initial Client Interview
• Using questionnaires to obtain essential personal and financial information
• Educating your client regarding the estate planning process and proposed
instruments
• Exploring sensitive matters such as blended families and problem children
• Counseling clients who need what they don’t want or want what they don’t need
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
9:20 – 10:15 am
The Planning and Drafting Process
• Designing a practical plan to carry out the client's wishes, while minimizing
taxes and administrative costs
• Nuts and Bolts I: statutory requirements and elements of a good dispositive document
• Nuts and Bolts II: disposing provisions, selecting fiduciaries, etc.
• Coordinating will provisions with other estate planning documents and
non-probate assets
• Common drafting problems and errors
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
10:15 – 10:25 am
Stretch Break
10:25 – 10:50 am
Execution of Documents and Follow-up Issues
• Ensuring proper execution
• Asset balancing
• Changing beneficiary designations and retitling assets
Presented by Kevin D. Millard, Esq., Wade Ash Woods Hill & Farley, P.C., and Kerri Klein, Esq., Poskus, Caton & Klein, P.C.
10:50 – 11:50 am
Introduction to Transfer Taxes
• Elements of the gross estate
• Transfer tax savings through wise use of deductions and credits
• Overview of gift taxation
• Selected income and generation-skipping tax issues
Presented by Mark D. Masters, Esq., Glatstein & O’Brien, LLP
11:50 am -12:20 pm
Moderated Discussion of Morning’s Topics and Panel
Presentation by Morning Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
12:20 – 1:30 pm
Lunch (On Your Own)
1:30 – 2:10 pm
Planning for Disability
• Advance medical directives: medical power of attorney, living will, CPR directive
• Proxy decision maker
• Financial powers of attorney
• Parental delegation of guardianship
• Medical Orders for Scope of Treatment (MOST)
Presented by M. Carl Glatstein, Esq., Glatstein & O’Brien, LLP
2:10 – 2:50 pm
Planning for Single Clients and Smaller Estates
• Widows and widowers
• Divorced clients
• Unmarried couples
• Using contingent trusts for children or grandchildren
• Considerations when planning the smaller estate
• Elderly clients
Presented by Erica Johnson, Esq., Ambler Keenan Mitchell Johnson, LLC
2:50 – 3:00 pm
Stretch Break
3:00 – 3:45 pm
Planning for Married Clients and Larger Estates
• Yours, mine and ours: second marriages and blended families
• Using contingent trusts for children or grandchildren
• Planning for problem adult children
• Non-tax considerations when planning the larger estate, such as distributions of business interests, etc.
• Which tax apportionment clause is appropriate
• Married with children
Presented by Mallory Hasbrook, Esq., Welborn Sullivan Meck & Tooley, P.C.
3:45 – 4:15 pm
Moderated Discussion of Afternoon’s Topics and Panel
Presentation by Afternoon Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
4:15 pm
Adjourn
Day 2 – Friday, January 28, 2022
8:45 – 9:15 am
Revocable Living Trusts
• Using a funded revocable trust as the disposing document
• Using an unfunded standby trust
• The need for a pour-over will
Presented by Julia G. McVey, Esq., Balson Faix & McVey LLP
9:15 – 10:05 am
The Colorado Uniform Trust Code, and Planning and Drafting Under the CUTC
• Mandatory and default trust terms under the CUTC
• Understanding the difference between types of beneficiaries and their rights
• Navigating notice and accounting obligations of the trustee
Presented by Constance Eyster, Esq., Hutchinson Black and Cook, LLC
10:05 – 10:20 am
Networking Break
10:20 – 11:20 am
Introduction to the Marital Deduction
• Why the marital deduction is important with or without a taxable estate
• How the marital deduction is relevant to step-up in basis
• Requirements to qualify for the marital deduction
• Types of marital trusts, including QTIP trusts
• Marital deduction plans, including disclaimer plans and formula plans (the A/B trust plan)
• Portability
Presented by Jennifer Spitz, Esq., Lyons Gaddis Kahn Hall Jeffers Dworak & Grant PC
11:20 am – 12:10 pm
Uses of Life Insurance in Estate Planning
• Types of life insurance policies
• Life insurance to provide estate liquidity and pay debts
• Paying estate taxes cheaply—an introduction to the irrevocable life insurance trust
Presented by Marianne Luu-Chen, Esq., Luu Chen LLC
12:10 pm – 12:30 pm
Pick up Box Lunches (Included in Your Tuition)
12:30 pm – 1:10 pm
Moderated Discussion of Morning’s Topics and Panel
Presentation by Morning Faculty
Panel Moderator: Mark D. Masters, Esq., Glatstein & O’Brien, LLP
1:10 – 1:20 pm
Post Lunch Break
1:20 – 2:10 pm
Introduction to Ethics in Estate Planning
• Representing multiple clients: navigating through confidentiality and potential conflicts of interest
• Representing clients with disabilities or questionable capacity
• Who is my client? Identifying troublesome situations
• Engagement/disengagement letters
Presented by David Kirch, Esq., and Gerard “G.” Deffenbaugh, Esq., Kirch Rounds Bowman & Deffenbaugh, PC
Submitted for 1 Ethics Credit
2:10 – 3:00 pm
A Dozen Traps to Avoid: Suggestions, Problems and Pitfalls As Seen Through the Eyes of the Bench
Presented by Honorable Frances Johnson, 4th Judicial District, Honorable Vincent Rahaman, 4th Judicial District, and Honorable C. Jean Stewart (ret.), Jean Stewart LLC
3:00 – 3:10 pm
Stretch Break
3:10 – 4:30 pm
Moderated Discussion of Hypothetical Fact Patterns in Estate Planning Basics
Moderated by Mark D. Masters, Esq., Glatstein & O’Brien, LLP
4:30 pm
Adjourn
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