41st Annual Estate Planning Retreat Out of Stock
Co-sponsored by the Colorado Bar Association Trust and Estate Section
Quantity
Join us on our dynamic virtual platform where our faculty of experienced attorneys, professionals and judicial officers will speak about latest updates, key legislation, and best practices so you can best serve your estate planning clients.
Not just another endless series of Zoom screens, our online conference is refreshingly engaging with online discussions, real-time speaker interface, and interactive networking events — all from the comfort and convenience from your home or office.
Topics Include:
• E-Wills
• Appealing Orders of the Probate Court: The Finality Conundrum, CRCP 54, and Orders Issued by Magistrates
• UTC Part 5
• Directed Trusts
• Foundations: How to Prepare for a Deposition
• Medicaid for Estate Planning Attorneys
• Fiduciary Ethics – Considerations for Practitioners Serving in Fiduciary Capacities
• Charitable Planning
• Foundations: Introducing Evidence
• UFIPA in Colorado: Overview and Examples
Featuring two keynote speakers
• Natalie B. Choate, Esq., and Author: Planning for Retirement Benefits: SECURE! And Other Recent Developments - LIVE ONLY
• Nita Mosby Tyler, Ph.D., The Equity Project: Navigating the Complexities of DE&I in the Workplace
• Two keynote presentations
• 10 breakout sessions including both advanced and foundational tracks
• Spend quality time catching up with old friends and meeting new practitioners in our virtual space
* Should CDC recommendations and state public health regulations allow for a limited and optional live component to be added to the virtual experience, we will notify attendees. Our goal is to continue bringing a first-class and safe program to all attendees, faculty, and sponsors.
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 and Wyoming (The Wyoming State Bar has approved this course for 7.5 General Credits including 1.75 Ethics Credits). 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.
**Please note that Natalie Choate’s keynote presentation will only be available to view live during the webinar
SPECIAL THANKS TO OUR 2021 RETREAT SPONSORS
PLATINUM
GOLD
CIBC Private Wealth Management
Sherman & Howard L.L.C.SILVER
CBA-CLE Books
BRONZE
Baysore & Christian Fiduciary Services, LLC
Western States Cancer Research NCORP
Sponsorship opportunities are still available! Please contact Melissa Higham at [email protected] for more information.
Thursday, June 10, 2021
12PM
Virtual Conference Opens
Watch the welcome video, tour the platform, and visit your sponsors!
4:00 – 4:45 pm
Trust and Estate Ambassador and New Attendee Meetup
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.
4:45 – 6:00 pm
Dinner & A Show
With welcoming remarks from Tim Bounds, Esq., Evans Case LLP
Join us in the virtual networking lounge to connect with colleagues and expand your professional circle where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
Then, prepare to be beguiled, baffled and bewildered by expert mentalist and illusionist, Hart Keene. Mr. Keene has spent two decades captivating crowds, and has been featured on NBC’s America’s Got Talent, the CW Network’s Penn & Teller: Fool Us, and TNT’s The Librarians. Fun for the entire family!
Be on the lookout for a link to your conference Digital Swag Bag! First 150 people to RSVP, get dinner on us!
Sponsored by BOK, CIBC, Northern Trust, and Sherman & Howard
Friday, June 11, 2021
7:20 – 8:10 am
Coffee & Conversation
Grab your favorite morning beverage and join us in the virtual networking lounge to connect with colleagues and expand your professional circle where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
Brought to you by Holland & Hart
8:10– 8:30 am
Welcoming Remarks and Introduction
Tim Bounds, Esq., Evans Case LLP, Estate Planning Retreat Chair
Spencer Crona, Esq., Brown & Crona LLC, Chair of the CBA Trust & Estate Section Executive Council
Kendra Yates, Esq., Program Attorney, CBA-CLE
Remarks from CBA Leadership by Jessica Brown, Esq., Gibson Dunn LLP, President of the Colorado Bar Association
Remarks from Sponsors
8:30– 9:45 am
Estate Planning for Retirement Benefits in a post-SECURE World - LIVE ONLY
The SECURE Act has upended classic estate planning techniques by replacing the “life expectancy payout” with the “10-year rule” for most beneficiaries. What are the planning options still left for a client leaving retirement benefits for the surviving spouse, minor children, disabled beneficiary or others. Do’s and don’ts of trust drafting post SECURE. Are there ways to beat SECURE? Plus, using the new IRS life expectancy tables.
Presented by Natalie B. Choate, Esq., Author, Nutter McClennen & Fish LLP
9:45– 10:05 am
Networking Break
Connect with colleagues and expand your professional circle in our virtual networking lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
Sponsored by The Denver Foundation
10:05 am
Adjourn to Breakout Sessions
BREAKOUT SESSIONS
Each session is offered live twice throughout the conference
10:05– 11:25 am
BREAKOUT SESSION ROUND 1 (Choose from Breakout Session #1, 2, 3, 4, & 9 (Foundations Session))
BREAKOUT SESSION #1
E-Wills - Remote Online Notarization and Forensic Evaluation of Digital Assets
Under the Colorado Uniform Electronic Wills Act, an electronic will is a will for all purposes of the law of Colorado. As such, the interpretation, construction, effect, enforceability, applicability, reformation, and administration of an electronic will is governed by the same legal doctrines that have been historically applied by Colorado courts to paper wills. However, while the “letter of the law” is unchanged, the “spirit of the law” may require Colorado judges to weigh facts and evidence that are both new and unique to electronic wills.
This CLE will identify and discuss the practical differences between e-wills and paper wills, and explore how those factual distinctions are likely to lead to nuances in the application of current law to electronic wills. It will also offer suggested best practices for e-will execution, custody, and probate so that practitioners can do their best to avoid having their client’s electronic will become a matter of first impression.
Presented by Robert Kelso, Chief Executive Officer, Forensic Pursuit, Letitia M. “Letty” Maxfield, Esq., Trust & Estate Advocates, LLP, Herb Tucker, Esq., Wade Ash Woods Hill & Farley, P.C., and Kathleen Wallace, Esq., Legal Analyst, DME Program Manager and Notary Program Manager, Colorado Department of State
BREAKOUT SESSION #2
Appealing Orders of the Probate Court: The Finality Conundrum, CRCP 54, and Orders Issued by Magistrates
This interactive session will provide background and practice pointers for practitioners considering whether or not to appeal an order issued by the probate court when deadlines are looming, and there are questions about finality. The discussion will focus on a line of appellate cases that have addressed the issue of finality for purpose of appealing probate orders, including Chavez v. Chavez, the most recently published case on the topic. The session will also discuss CRCP 54 (court directed entry of final judgment) and Rule 7 of the Colorado Rules for Magistrates.
Presented by Scott H. Challinor, Esq., Conover Law LLC, and Jody J. Pilmer, Esq., Wade Ash Woods Hill & Farley, P.C.
BREAKOUT SESSION #3
UTC Part 5
Spendthrift and Discretionary Trusts—Protection of the Beneficiaries’ Interests from Their Creditors
Colorado adopted the Uniform Trust Code effective January 1, 2019, but omitted Part 5 of the UTC, dealing with creditors’ rights, to allow the Bar Association time for additional review. A committee of the T&E section proposed a modified version of Part 5, which was approved by the Section’s Legislative Policy Committee and which the Colorado Uniform Law Commissioners plan to introduce in the 2021 legislative session. In this breakout session, we will discuss spendthrift and discretionary trusts, including creditors’ rights to reach a beneficiary’s interest in a trust under the common law, how those rights will be modified by UTC Part 5, and how and why Colorado’s version of Part 5 differs from the uniform law.
Presented by Kevin D. Millard, Esq.,Wade Ash Woods Hill & Farley, P.C., and Carl G. Stevens, Esq., AEP, Carl G. Stevens, LLC
BREAKOUT SESSION #4
Estate Planning with Directed Trusts
The Colorado Uniform Directed Trust Act provides great flexibility for trust settlors. In this session, we will discuss when the directed trust structure can be used effectively in crafting an estate plan. We will delve into the particulars of the Act to learn about how a trust director's powers and duties are established, the directed trustee's obligation to comply with a trust director's directions (and liability for doing so), and the extent of the duty of both to monitor and share information with each other and to beneficiaries. To end the session, we will work through a practical planning example: the paradigm of a directed trust with investment powers vested in a professional investment adviser.
Presented Jeffrey Kadavy, J.D., CTFA, Trail Ridge Wealth Management, Inc., and Dylan H. Metzner, Esq., Jones & Keller, P.C.
BREAKOUT SESSION #9
Foundations: How to Prepare for a Deposition
Dispelling the myths and eliminating the fear with thoughtful planning and careful preparation. Topics include:
• Logistics
• The Age of Zoom
• Goals: Issues and Objectives
• The Outline
• Exhibits
• Techniques
• Experts
• Dealing with Difficult Opposing Counsel
• Ethics and Professionalism: Including CRPC 3.3, 1.14, 3.1, 4.1, and 4.3
Presented by Carolyn Fairless, Esq., Wheeler Trigg O’Donnell LLP, Keith Lapuyade, Esq., Evans Case, LLP
Submitted for .4 Ethics Credits
11:25 – 11:45 am
Networking Break
Connect with colleagues and expand your professional circle in our virtual networking lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
Sponsored by Alpine Bank
11:45 am – 1:05 pm
BREAKOUT SESSION ROUND 2 (Choose from Breakout Session #5, 6, 7, 8, & 10 (Foundations Session))
BREAKOUT SESSION #5
Much Ado About Medicaid Planning
While there are many components to Medicaid planning, understanding some essential facts will help you plan for clients who are concerned about the potential costs of long-term care and anticipate situations that can arise with a dementia diagnosis. This presentation will focus on Medicaid qualification and drafting tips to create an estate plan, primarily for married couples with moderate wealth where one or both spouses may need full-time care.
Presented by Kristin Dittus, Esq., LL.M, The Law Office of Kristin Dittus
BREAKOUT SESSION #6
UFIPA in Colorado: Overview and Examples
The Uniform Fiduciary Income and Principal Act (UFIPA) is the next iteration of the Uniform Principal and Income Act (UPIA; §§ C.R.S. 15-1-401, et seq.). This presentation will provide an overview of UFIPA as it is slated to be introduced in Colorado in 2021. We’ll examine fiduciary accounting scenarios for trusts and estates, highlight key terminology, draw distinctions between fiduciary and tax accounting, and explore case law. An update for experienced attorneys, and an introduction for newer practitioners.
Presented by Georgine Kryda, Ph.D., Esq., LL.M., CPA, CFE, Georgine M. Kryda, Ph.D., Esq., LLC
BREAKOUT SESSION #7
Foundations of Charitable Planning
The most useful and influential people in America are those who take the deepest interest in institutions that exist for the purpose of making the world better. -Booker T. Washington
The “complete estate planner” will have a knowledge of the tools of planned charitable giving, in order to advise both clients of means and those who simply want to help others. This interactive, practical session will survey the trusts and techniques of planned giving and discuss which tools work best in particular situations, including after the SECURE Act. Philanthropy isn’t just for the wealthy, and this session will also explore everyday ideas for planned giving.
Presented by Mark D. Masters, Esq., Glatstein & O’Brien LLP
BREAKOUT SESSION #8
Fiduciary Ethics – Considerations for Practitioners Serving in Fiduciary Capacities
Practitioners who also serve in fiduciary capacities for their clients, including trustees, guardians, and executors, face ethical considerations that go above and beyond the statutory fiduciary duties. This presentation will focus on the Colorado Rules of Professional Conduct and describe practitioners’ obligations to ethically represent their clients’ interests, both during the estate planning phase and after they have taken on a fiduciary role for the client. Learn practical applications for these rules to avoid the many ethical traps that pervade this practice area.
Presented by Klaralee Charlton, Esq. LL.M., Katz, Look & Onorato, P.C., Russell Gamble, Esq., LL.M., Wealth Trust Advisor, US Bank Private Wealth(Friday presenter), and Hillary A. Hammond, Esq., Katz, Look, & Onorato, P.C. (Saturday presenter)
Submitted for 1.6 Ethics Credits
BREAKOUT SESSION #10:
Foundations: Introducing Evidence
Probate litigation often involves unique evidentiary issues, including laying a foundation for evidence involving a deceased person. This session will review the process for laying a foundation when introducing evidence, including both documents and testimony, as well as an introduction to laying a foundation for expert testimony. We will also discuss when it is appropriate to object to foundation, and how to overcome a foundation objection.
Presented by Honorable Elizabeth D. Leith, Second Judicial District, Rebecca Schroer, Esq., Holland & Hart, LLP, and Morgan Wiener, Esq., Williams, Weese, Pepple & Ferguson
1:15 –2:00 pm
Lunchtime Trivia
Grab lunch and show off your trivia skills with comedian Ryan Budds
Brought to you by Wells Fargo
5:00 – 6:30 pm
Charcuterie 101
Connect with colleagues and expand your professional circle in our virtual networking lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
Plus! Instagram-worthy charcuterie boards are the new gourmet craze — learn tips on what to include, how to choose, wine pairing and presentation!
Be on the lookout for a link to your conference digital swag bag. The first 125 people to RSVP, will receive a Harry & David gourmet basket, courtesy of Midwest Trust.
Saturday, June 12, 2021
7:30– 8:00 am
Salsa Dancing with Megan Rippentrop
Get the basics of this ever-growing popular spicy dance that also happens to move almost every muscle, torch calories, improve body balance, and helps keep bones and joints fit!
8:10– 8:20 am
Announcements
Tim Bounds, Esq., Evans Case LLP, Estate Planning Retreat Chair
Kendra Yates, Esq., Program Attorney CBA-CLE
Sponsor Remarks
8:20 – 9:20 am
Navigating the Complexities of DE&I in the Workplace
This keynote takes participants on a journey of deconstructing the real meaning of equity, inclusivity, and diversity – and how these concepts show up in the workplace. We will explore the ways in which seemingly small decisions in the office can have significant and meaningful impact within an organization. This presentation is designed to inspire and energize participants to leverage their skills as both leaders and colleagues, in the journey to create more equitable workplaces.
Presented by Nita Mosby Tyler, Ph.D., The Equity Project, LLC
Pending 1 EDI Credit
9:20 – 9:30 am
Stretch Break
9:30 – 10:50 am
BREAKOUT SESSION ROUND 3 (Choose from Breakout Session #1, 2, 3, 4, & 9):
See descriptions above
10:50 – 11:00 am
Break
11:00 – 12:20 pm
BREAKOUT SESSION ROUND 4 (Choose from Breakout Session #5, 6, 7, 8, & 10)
See descriptions above
12:20 pm
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $856.00 USD
- Member Price $729.00 USD
- General Credits 18.00
- Ethics Credits 2.00
- EDI Credits 1.00