Thursday, October 15, 2020

   

     

 

4:00 – 4:30 PM

Is this your first time attending the Estate Planning Retreat? Are you a new lawyer or new to estate planning practice? Join us in the networking lounge where CBA Trust and Estate Section Ambassadors will welcome you, answer questions, and introduce you to colleagues and other members of the Trust & Estate Section. You will be able to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.

Here are some further tips!       

4:30 – 6:00 PM          

We are Forty and Fabulous! Join us in our networking lounge to meet new retreat attendees, welcome old friends, and enjoy some Broadway entertainment – all from the comfort of your home! Wicked's “Elphaba” (Laurel Harris) and the talented Alia Kache (The Lion King, AIDA, Radio City Christmas Spectacular) will help you stretch out your long work day, entertain you with performances of two popular songs, and answer your burning questions about Broadway.

You will be able to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.

Here are some further tips!      

Sponsored by The Northern Trust Company and BNY Mellon Wealth Management    

 

Friday, October 16, 2020    

 

7:00 – 8:00 AM      

BYOC (caffeine), join us in our networking lounge and talk with fellow attendees live, in real time. Join any table and video chat with 4-6 table mates for as long as you wish! See an open chair at another table, click on it, and you are instantly transported to another chatroom,  expanding your networking circle. Move about the room meeting and connect with your fellow colleagues, or steal away to an empty table for some 1:1 time with a friend. Be sure to sign in ahead of time, and upload your photo, contact info, and socials to maximize your networking.    

8:00 – 8:15 AM

Welcome and Introduction

Spencer J. Crona, Esq., Brown and Crona, LLC, Estate Planning Retreat Chair, and Bridgett Moore, Esq., Program Attorney, CBA-CLE    

 

When evaluating tax and estate planning advice, many clients often find themselves paralyzed from taking any action. How do you determine the optimal solutions to address your clients’ needs, communicate sophisticated planning strategies in a manner that is easy to understand, and motivate a client to implement your recommendations? This session provides concrete methods for you to help clients move beyond anxiety and confusion, and take action—even in an environment of ongoing market volatility and economic uncertainty.

Presented by Justin T. Miller, J.D., LL.M., TEP, AEP, CFP, National Wealth Strategist, BNY Mellon Wealth Management  

Visit your sponsors, reconnect with your colleagues and expand your professional circle in small groups or 1:1 via video. Our virtual networking lounge allows you to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.    

 

9:25 – 10:45 AM

Breakout Sessions 1, 2, 3, 4, and 9A

10:45 – 11:00 AM    

Visit your sponsors, reconnect with your colleagues and expand your professional circle in small groups or 1:1 via video. Our virtual networking lounge allows you to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.    

11:00 AM – 12:20 PM

12:20 PM

12:30– 1:30 PM

4:30 – 6:00 PM    

Join us in the networking lounge to reconnect with colleagues and expand your professional circle in small groups or 1:1 via video. We will also be treated with a wine tasting led by Master of Wine and Master Sommelier Doug Frost, one of three people in the world to achieve both honors. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.  

Sponsored by Midwest Trust  

Doug Frost is a Master of Wine and Master Sommelier, as well as an author and wine consultant, based in Kansas City, Missouri. In 1991, he passed the rigorous Master Sommelier examination, and two years later became America’s eighth Master of Wine. He was the second person in history to complete both exams, and more than a quarter-century later,  he is still one of only three people in the world to have achieved both these remarkable distinctions. According to USA Today, “Frost likely knows as  much as anyone in the world about how to make, market, serve and identify  wines.” Get an inside look at the stories behind the wines and all your wine questions answered.  

   

Register for the conference early! Our first 200 retreat attendees will receive two bottles of wine, compliments of Midwest Trust.  

7:00 – 8:00 AM

8:00 – 8:15 AM

Spencer J. Crona, Esq., Brown and Crona, LLC, Estate Planning Retreat Chair, and CBA and CBA-CLE Leadership   

8:15 – 9:15 AM

- MoUs and other agreements: effectuating success

Moderator: Honorable Jean Stewart (ret.), Jean Stewart LLC

Panelists:

- Honorable Robbie Barr (ret.), BarrADR

- Honorable C. Scott Crabtree (ret.), JAMS

- Honorable Patrick Murphy (ret.), JAG

9:15 – 9:25 AM    

Visit your sponsors, reconnect with your colleagues and expand your professional circle in small groups or 1:1 via video. Our virtual networking lounge allows you to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.    

 

9:25 - 10:45 AM  

10:45 – 11:00 AM    

Visit your sponsors, reconnect with your colleagues and expand your professional circle in small groups or 1:1 via video. Our virtual networking lounge allows you to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.  

11:00 AM – 12:20 PM  

Adjourn – Thank you for your participation!        

 

BREAKOUT SESSION 1

Most clients assume incorrectly that an estate plan is only about setting forth a structure for distributing their property after death. As a result, they focus on postmortem aspects, and do not think meaningfully about conditions that could be implemented during periods of incapacity. This lack of attention becomes apparent when the client starts to exhibit signs of diminished capacity, and can result in some rather dire, expensive, and contentious consequences. Join Dylan Metzner in this interactive workshop covering common scenarios and disputes that arise when an individual’s starts to experience mental instability with a discussion designed to uncover best practices that can minimize the risk and/or effect of family disputes and litigation.

   

BREAKOUT SESSION 2

Trustees face a challenge when administering trusts that hold closely-held assets. This session will explore the standard of care that applies to trustees when making business decisions, such as regulatory issues, the duty to diversify a concentrated position in a closely-held asset, and how to limit liability when administering closely-held assets.

   

BREAKOUT SESSION 3

The estate planning landscape is constantly changing, and practitioners are faced with the dilemma of what to do with older estate planning documents when there are changes in the law, individual circumstances or family dynamics. Before rushing to terminate the trust, practitioners should consider the purpose of the trust and any unintended consequences. Conversely, modification may a better path to carry out the initial intent and improve on the existing trust. This presentation will focus on several options in addressing what to do with old trusts from court-ordered termination or modification, decanting, or utilizing the provisions of trust.

   

The death of the majority shareholder or partner in an entity presents its own challenges in estate administration. The first is always obtaining access to business assets since the personal representative is not automatically granted this authority by the probate court. Second is determining what to do with the business—liquidate it, sell it, or maybe continue operations? In this session, you will receive step-by-step guidance on how to gain control over business assets, and analyze the tax consequences related to liquidation, sale, and continued operation of small businesses after the majority (or most often, sole) shareholder or partner has passed away. Attorneys of all experience levels are encouraged to attend.

   

BREAKOUT SESSION 5

We’ll discuss in small groups important ethical considerations related to the following topics: clients with diminished capacity, representation in multi-generational planning, confidentiality of communications as technology changes, conflict of interest when a client has more than one interest in a matter (i.e. client is a personal representative and a beneficiary in an estate), and how competency in the trust and estate area doesn’t mean competency in other areas of the law. Join us as we tackle these and other ethical issues in the trust and estate area.

Presented by Clara Brown Shaffer, Esq., The Law Office of Brown & Brown P.C., and April M. McMurrey, Esq., Deputy Regulation Counsel, Office of Attorney Regulation Counsel, Colorado Supreme Court

   

BREAKOUT SESSION 6  

In these litigious times, demands for the files of fiduciaries are becoming more commonplace. In this breakout session, Todd Kastetter and Melissa Schwartz will address privilege issues, ethical considerations, applicable rules of civil procedure (subpoenas, e-discovery, etc.), and potential traps in complying with demands for the file of a fiduciary. The presentation will also cover interested third party requests versus demands from beneficiaries, heirs or protected persons/wards, as well as practical considerations and best practices.

Presented by Melissa R. Schwartz, Esq., Steenrod, Schwartz & McMinimee, LLP, and Todd E. Kastetter, Esq., Todd E. Kastetter, P.C.

   

BREAKOUT SESSION 7

It is essential that estate planners have a solid understanding of the rules regarding retirement assets and how to successfully integrate retirement assets into an estate plan, especially if retirement assets are left to trusts. This program will delve into planning with trusts, including conduit trusts and qualifying accumulation trusts, and will explore what changed and stayed the same with passage of the SECURE Act. This program assumes a fundamental understanding of the retirement asset rules.

   

BREAKOUT SESSION 8

You represent a fiduciary who is bombarded with creditor claims or a creditor who is owed money from an estate, ward, or protected person. What may be paid and what may not from the estate? Are the claims valid? Have they been timely filed? In this breakout session, we will discuss the form, notice, priorities, timing, defenses, and payment of claims in probate, guardianship, and conservatorship proceedings.

   

BREAKOUT SESSION 9A | ESTATE PLANNING FOUNDATIONS SESSION

Retirement assets are one of your clients’ most common assets, and often, their most significant. Retirement assets are great for clients planning for retirement, but not so much in planning clients’ estates. Planning for retirement assets is unlike planning for other types of assets because retirement assets are subject to their own, unique, complex set of income tax rules. This session will cover the basics of retirement assets, including income tax basics, required minimum distributions during the participant’s life, required minimum distributions after the participant’s death and the differences between designated beneficiaries for income tax purposes. This session will also cover the SECURE Act, enacted and signed into law by President Trump on December 20, 2019.

   

BREAKOUT SESSION 9B | ESTATE PLANNING FOUNDATIONS SESSION

This session will provide you with the foundations needed for successful client interaction, communication, and support in controversial trust and estate administration matters.

Presented by Louisa M. Ritsick, Esq., Bryant & Ritsick LLC, and Amy Symons, Esq., Symons & Ratner LLC