Friday, June 9, 2023
8:10 - 8:30 am
Welcoming Remarks
Extended by Lauren da Cunha, JD, CTFA, MidFirst, and Jody Davis, Esq., Program Attorney, CBA-CLE
Remarks from CBA/DBA/CBA-CLE Leadership
8:30 - 9:40 am
Bending the Arc of History Towards Justice
Terrence Franklin had been a trust and estate litigator, handling disputes including will contests for a quarter century, when he discovered a will contest from the 1840s that challenged the will done by his white fourth great-grandfather that emancipated Terrence's fourth great-grandmother and her children and grandchildren from slavery. This discovery led Terrence to define his mission, “To Bend the Arc of History Towards Justice” by sharing the story of his ancestors and other stories like them. In this presentation, Terrence recounts the riveting story of his ancestor Lucy Sutton and the fight in the courts to uphold the last will and testament, and he also profiles several other black women, contemporaries of Lucy, who just may have helped Lucy and her family make it to freedom. His presentation will highlight the importance of equal access to the legal system and encourage participants to recognize, mitigate and eliminate bias in the legal profession.”
Presented by Terrence M. Franklin, Esq., Sacks Glazier Franklin & Lodise
Submitted for 1.4 EDI Credits
9:40 - 9:50 am
Remarks from our Valued Sponsors
9:50 - 10:10 am
Networking Break
10:10 - 11:10 am
Estate Planning for Cannabis and Digital Assets
Estate planning for clients with unique assets like cannabis and digital assets is an increasing challenge. It is important to understand the requirements for and complications involved with succession that may impact a client's goals. The session will also address practical options that can be considered to work within the client's objectives.
Presented by Anthony A. Garcia, Esq., The Anthony A. Garcia Law Firm, and Leia Ursery, Esq., Goodspeed Merrill
11:10 - 11:30 am
Networking Break
Sponsored by Alpine Bank Wealth Management
11:30 am - 12:30 pm
Decedent's Assets: Where Did They Go, Can They Be Clawed Back, and Strategies for Recovering Assets for Aggrieved Creditors and Beneficiaries
This presentation focuses on the rights of creditors, beneficiaries, and the personal representative to claw back certain assets into a decedent's estate when they were transferred by the decedent prior to death, with or without fraud. The rules for which types of assets may be clawed back, when, how, and by whom are complex. Failing to understand these rules can lead to dire consequences for clients and practitioners. This issue becomes even more complex when a decedent owned property outside the State of Colorado, or, worse, outside the United States. This presentation will discuss the rules related to clawing back assets into a decedent's estate for the benefit of aggrieved creditors and beneficiaries, and will touch on certain estate planning techniques to properly pass assets to beneficiaries outside the reach of the probate estate and its creditors.
Presented by Lee Katherine Goldstein, Esq., and Courtney L. Kelley, Esq., Fairfield and Woods P.C.
12:30 pm
Adjourn
Saturday, June 10, 2023
8:20 - 8:30 am
Welcome Back and Presentation of the 2023 Sterling Ambler Award
8:30 - 9:45 am
Shakespeare in Santa Fe
The Bard, James Thurber, and The Music Man at the El Dorado!
An Original Readers Theatre Play
Presented fearlessly in the Readers Theater style, through Actual Actors drawn directly from our Talented Bar and, in many cases, directly from a chair in the bar, the Styles, Sounds, Stanzas, Soul Stimulus, Stymieing Cynicism, Sense and Surrealism, Sorrow and Saturnalia of the classical theatre. All this will be Engaged (if not Flogged) into (semi-)coherence, to fully evoke the Current Concepts and Confounding Conundrums of our T&E Practices. Just WHAT do Shakespeare's King Lear, Thurber's Unicorn in the Garden and Meredith Wilson's Music Man Con Man (or Woman!!) have in common? Attend this Santa Fe Saturday “Plenary Session” to experience our Answer and Admonition Against hubris!
“The play's the thing
Wherein I'll catch the conscience of the king.”
(Or the Proud Probate Practitioner who thinks They're The THING!)
Hamlet, Act II, Scene 2
Written by Spencer J. Crona, Esq., Of Counsel, Miller & Steiert, P.C., and David Struthers, Esq., Evans Case LLP
Directed by David Struthers, Esq., Evans Case LLP
Submitted for .5 Ethics/Professionalism Credits
9:45 - 10:00 am
Networking Break
10:00 - 11:10 am
Civil Theft in Probate Litigation
This session will explain the use of civil theft claims in probate litigation based on our successful trial and published Court of Appeals decision in Chavez v. Chavez-Krumland. We will address pleading requirements, implications for right to a jury trial, manner of proof, and implications for fee requests by an unsuccessful fiduciary who loses such a claim. We will place special emphasis on use of these claims during victim lifetimes, and tools such as preferential settings to secure positive outcomes.
Presented by Jody Pilmer, Esq., and Zachary Schlichting, Esq., Wade Ash Woods Hill & Farley, P.C.
11:10 - 11:30 am
Networking Break
Sponsored by Bessemer Trust
11:30 am - 12:40 pm
Practical Planning for Cross-Border Clients
The seminar will cover important income tax, gift tax, estate tax, and succession planning issues for cross-border international families. You will learn the key issues and walk away with actionable solutions that you can use in your practice, such as how to properly structure trusts and entities to increase benefits to these clients.
Presented by Shelly D. Merritt, Esq., Berg Hill Greenlear Ruscitti, and Merry H. Balson, Esq., Balson Faix & McVey, LLP
12:40 pm
Adjourn
