33rd Annual Advanced Estate Planning & Probate Course

Transcription

1 33rd Annual Advanced Estate Planning & Probate Course LIVE Houston June 10-12, 2009 VIDEO San Antonio August 5-7, 2009 VIDEO Dallas August 19-21, 2009 Highlights Case Law, Tax Law and Legislative Updates Addressing complex Probate Issues Drafting to Avoid Litigation Litigation and Tax Breakout Sessions Structuring Trusts (including SNTs as Recipients of Qualified Plans and IRAs) Breakfast included each day and Lunch included on Wednesday & Thursday Course materials available in binders or on USB flash drive Complimentary self parking at all locations Come a day early and attend Nuts & Bolts of Estate Planning & Probate This course is designed for lawyers who are not estate planning and probate specialists, new lawyers who aspire to work in the area, and paralegals. The interactive panel will cover the estate planning, probate, and guardianship processes, including client interviews and fee setting arrangements. The panel is interactive and the entire range of topics is covered in a conversational format rather than having the panelists lecture on the topics. Course Materials available on a USB FLASH DRIVE

2 TexasBarCLE presents Nuts and Bolts of Estate Planning & Probate Tuesday 11:15 Registration (box lunch provided) 11:55 Welcoming Remarks 12:00 5:15 Panel Presentation (includes two 15 minute breaks) Part I: Client Interview/Engagement Part II: Estate Planning Process 1.75 hrs (.25 hr ethics) Part III: Probate Process 1 hr (.25 hr ethics) Part IV: Guardianships Includes 2 Q & A sessions.5 hr FACULTY Moderator C. Stephen Saunders, Austin Saunders, Norval, Nichols & Atkins Karen E. Ellert Pena, San Antonio Attorney at Law Ashley E. Ressmann Gray, San Antonio Schoenbaum, Curphy & Scanlan Katherine S. Cheng, Austin Eccles & McIntosh MCLE CREDIT 4.75 HOURS (1 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Estate Planning and Probate Law and Tax Law. Wednesday Evening Video Attorney Ad Litem Certification for Guardianship Proceedings Choose to attend the general session or the advanced session; see registration form. Attorney Ad Litem Certification: General Topics 5:00 Registration and Check-In (light snack provided) 5:45 Guardianship Application and Administration.75 hr Hon. Steve M. King, Fort Worth Judge, Probate Court No. 1, Tarrant County 6:30 Role of the Guardian Ad Litem and Attorney Ad Litem Hon. Steve M. King, Fort Worth Judge, Probate Court No. 1, Tarrant County 7:00 Break 7:15 Role of the Guardian Stephen Jody Helman, Austin Osborne, Helman, Knebel & Deleery 8:00 Medical Report Issues Hon. Georgia Lee Akers, Houston Judge, Probate Court No. 1, Harris County 8:30 Alternatives to Guardianship Mary Lou Cassidy, Midland Stubbeman, McRae, Sealy, Laughlin & Browder 9:00 Adjourn Attorney Ad Litem Certification: Advanced Topics 5:45 Mediation Process in Guardianship Robert F. Eichelbaum, San Antonio Davidson & Troilo 6:30 Preparation for Mediation J. Craig Hopper, Austin Hill, Ducloux, Carnes & Hopper 7:15 Break 7:30 Role of Attorney Ad Litem and Guardian Ad Litem and Role of the Mediator in a Mediation W. Cameron McCulloch, Jr., Houston MacIntyre & McCulloch 8:00 Writing Settlement Agreements.5 hr Cheryl L. McMullan, San Antonio Law Offices of Cheryl McMullan 8:30 Q & A Panel Discussion with Advanced Session Speakers 9:00 Adjourn MCLE CREDIT 3 HOURS (1 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Estate Planning and Probate Law and Tax Law. 3

3 Cosponsored by the Real Estate, Probate and Trust Law Section of the State Bar of Texas TexasBarCLE Advanced Courses are sponsored by LexisNexis, a division of Reed Elsevier Inc. TexasBarCLE presents the 33rd Annual Advanced Estate Planning & Probate Course LIVE Houston June 10-12, 2009 Westin Galleria Hotel VIDEO San Antonio August 5-7, 2009 Hyatt Hill Country Resort & Spa VIDEO Dallas August 19-21, 2009 Cityplace Conference Center Wednesday 7.75 hrs including 1.5 hrs ethics 7:00 Registration and Continental Breakfast Sponsored by ENCORE TRUST (Live Site Only) 8:15 Welcoming Remarks and Program Introductions Course Director Karen S. Gerstner, Houston Karen S. Gerstner & Associates 8:30 Legislative Update.75 hr William D. Pargaman, Austin Brown McCarroll Glenn M. Karisch, Austin The Karisch Law Firm 9:15 Handling the Debts of the Surviving Spouse in the Estate of the Deceased Spouse.75 hr 10:00 Break Thomas M. Featherston, Jr., Waco Mills Cox Professor of Law Baylor University School of Law 10:15 Addressing Complex Probate Issues.75 hr M. Keith Branyon, Fort Worth Jackson Walker 11:00 Nursing Home Contracts Marilyn G. Miller, Dripping Springs Attorney at Law 11:30 Money Laundering/FATF Duncan E. Osborne, Austin Osborne, Helman, Knebel & Deleery 12:00 Break (lunch provided) 12:15 Luncheon Presentation: Whom Do You Represent?.75 hr ethics Michael B. Newman, Houston Newman Law Firm 1:00 Break 1:15 To Be or Not To Be... To Sue or Not To Sue.75 hr A litigator and a probater explore how death or disability may affect pending litigation; procedural requirements for prosecuting or defending suits by or against trusts and estates; and how a fiduciary might benefit from prosecution of claims and rights pending settlement of an estate or winding up of an estate. Rhonda H. Brink, Austin Law Offices of Rhonda H. Brink Joseph S. Horrigan, Houston Horrigan & Goehrs 2:00 Income Taxation of Trusts and Estates.75 hr Mickey R. Davis, Houston Bracewell & Giuliani 2:45 The Rule Against Perpetuities Stephanie E. Donaho, Houston Locke Lord Bissell & Liddell 3:15 Break 3:30 Irrevocable or Not? Modifications to Trusts.75 hr Eric G. Reis, Dallas Thompson & Knight 4:15 Tax Law Update 1 hr Stanley M. Johanson, Austin Fannie Coplin Regents Chair University of Texas School of Law 5:15 Adjourn 5:30 Social Sponsored by Frost Financial Management Group 4

4 Thursday 7.25 hrs including 1 hrs ethics 8:00 Continental Breakfast Sponsored by ENCORE TRUST (Live Site Only) 8:30 Case Law Update.75 hr Gerry W. Beyer, Lubbock Governor Preston E. Smith Regent s Professor of Law Texas Tech University School of Law 9:15 Drafting to Avoid Litigation Philip M. Lindquist, Dallas K & L Gates 10:00 Break 10:15 Planning for Unmarried Couples.75 hr Gina D. Patterson, Houston Locke Lord Bissell & Liddell 11:00 Compensation.5 hr Hon. Georgia Lee Akers, Houston Associate Judge Probate Court No. 3, Harris County 11:30 Break (lunch provided) 11:45 Luncheon Presentation: Images of Lawyers in Popular Culture.5 hr ethics Nancy B. Rapoport, Las Vegas, NV Gordon Silver Professor of Law - Boyd School of Law University of Nevada, Las Vegas 12:15 Break Tax Law Breakout 4 hrs including.25 hr ethics 12:30 Alternate Valuation.75 hr Larry M. Bass, Houston Chamberlain, Hrdlicka, White, Williams & March 1:15 FLP Planning and Marital Deduction.75 hr Stephen R. Akers, Dallas Bessmer Trust Company 2:00 Recurring Issues with GST Tax.75 hr Darin N. Digby, San Antonio Schoenbaum, Curphy & Scanlan 2:45 Ice Cream Break Sponsored by Howard Frazier Barker Elliott Inc. 3:00 Intentionally Defective Grantor Trusts.75 hr Jeffrey N. Myers, Fort Worth Bourland, Wall & Wenzel 3:45 Current Compliance Issues for Your Charities: Are You Already Out On a Limb? 1 hr (.25 hr ethics) Moderator Frank Sommerville, Arlington Weycer Kaplan Pulaski & Zuber Marilyn G. Phelan, Lubbock Adjunct Professor of Law Former Paul Whitfield Horn Professor of Law Texas Tech University School of Law Darren B. Moore, Fort Worth Bourland, Wall & Wenzel 4:45 Adjourn Litigation Breakout 4 hrs including.25 hrs ethics 12:30 Discovery Issues - Including Computer-Generated Documents.75 hr David A. Chaumette, Houston De la Rose & Chaumette 1:15 Finality of Probate Orders for Appeal.75 hr Hon. Steve M. King, Fort Worth Probate Court No. 1, Tarrant County 2:00 Shifting Liability Randall O. Sorrels, Houston Abraham, Watkins, Nichols, Sorrels & Friend 2:45 Ice Cream Break Sponsored by Howard Frazier Barker Elliott Inc. 3:00 Offers of Settlement.75 hr Cris D. Feldman, Houston Rusty Hardin & Associates 3:45 Fiduciary Trial Handbook 1 hr Joyce W. Moore, San Antonio Langley & Banack 4:45 Adjourn SPONSORS TexasBarCLE would like to thank the following sponsors for their contributions to the 2009 Advanced Estate Planning and Probate Course. State Bar of Texas Insurance Trust THOMSON REUTERS 5

5 Friday 5.75 hrs including.25 hr ethics 8:00 Continental Breakfast Sponsored by ENCORE TRUST (Live Site Only) 8:30 Will Construction.75 hr David C. Bakutis, Fort Worth Bakutis, McCully & Sawyer 9:15 Community Foundations.75 hr C. Stephen Saunders, Austin Saunders, Norval, Nichols & Atkins 1:00 Sealing the Deal: Considerations When Negotiating, Drafting and Enforcing Settlement Agreements.75 hr Sarah Patel Pacheco, Houston Crain Caton & James 1:45 Business Succession Planning - 2nd Generation I. Scott Carter, Dallas Mincey-Carter 2:30 Estate Planning for the Terminally Ill Client.5 hr Santo (Sandy) Bisignano, Jr., Dallas Bisignano and Harrison 3:00 Non Probate Assets - JTWROS (Joint Tenants With Right of Survivorship).75 hr W. Cameron McCulloch, Jr., Houston MacIntyre & McCulloch 3:45 Adjourn 10:00 Break Shannon G. Guthrie, Dallas K & L Gates 10:15 Structuring Trusts (Including SNTs) as Recipients of Qualified Plans and IRAs.75 hr Alvin J. Golden, Austin Ikard & Golden 11:00 Dementia and Undue Influence.75 hr Sharon B. Gardner, Houston Crain, Caton & James Mark A. Burns, M.D., New Braunfels Clinical Associate Professor of Psychiatry University of Texas Health Science Center MCLE CREDIT HOURS (2.75 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Estate Planning and Probate Law and Tax Law. CPA CREDIT We have registered with the Texas State Board of Public Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the Board as to the quality of our program (Sponsor I.D. 135) Texas Department of Insurance TexasBarCLE is recognized by the Texas Department of Insurance as a qualified sponsor of insurance related continuing education (Sponsor I.D. 0375). A certificate of attendance is available upon request at the course. 11:45 Lunch (on your own) Course Director Karen S. Gerstner...Houston Planning Committee David C. Bakutis... Fort Worth Arthur H. Bayern...San Antonio Rhonda H. Brink...Austin I. Scott Carter...Dallas Stephanie E. Donaho...Houston Linda C. Goehrs...Houston Robert W. Goff, Jr...Wichita Falls Tina R. Green...Texarkana Shannon G. Guthrie...Dallas Philip M. Lindquist...Dallas W. Cameron McCulloch, Jr...Houston Jeffrey N. Myers... Fort Worth Michael B. Newman...Houston Sarah Patel Pacheco...Houston William D. Pargaman...Austin C. Stephen Saunders...Austin Marjorie J. Stephens...Dallas R. Eric Viehman...Houston TexasBarCLE Planning Team Hedy Bower... Sr. Program Attorney Kathy Reese... Sr. Program Coordinator Real Estate, Probate and Trust Law Section of the State Bar of Texas David W. Tomek... Chair Harry W. Wolff, Jr... Chair-Elect/Secretary David A. Weatherbie...Treasurer Glenn M. Karisch... Immediate Past Chair State Bar of Texas Harper Estes...President Joe Shannon, Jr... Chair of the Board Roland Johnson... President-Elect Gib Walton... Immediate Past President Sylvia Cardona...TYLA President F. R. Buck Files, Jr...Chair, CLE Committee Van Galen Hilley... Chair, Board PDP Committee Michelle E. Hunter... Executive Director Patrick A. Nester...Director, TexasBarCLE 6

6 fyi I N F O R M A T I O N Ways to Save on This Course! Beat the Early Registration Deadline and Save $50 because early registrations help us ensure that sufficient course books, seating, and refreshments are available. No confirmation will be sent. Course materials and seating will be reserved for pre-registrants until the start of the first topic. Real Estate, Probate and Trust Law Section Members Can Save $75 by registering by the Early Registration deadline (thereafter, save $25); see the registration form. Not a member? To join, contact the State Bar s Sections Coordinator, Kathy Casarez, at , x1420. Please do not send Section membership payment with your registration fee. Earn Discounts by Registering Five or More from your firm or agency. Contact Legal Education Sales Consultant Laura Angle of TexasBarSolutions at or [email protected] Reserve Your Hotel Room Early Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you will be attending this State Bar of Texas Course. HOUSTON Live Westin Galleria Hotel 5060 W. Alabama Houston, TX $179/night Deadline: 5/10/09* State Bar Policy Manual Allows Some Judges To Attend Free provided (1) the course is directly related to their tribunal s jurisdiction, (2) they are full-time judges or judges retired under the Texas Judicial Retirement System and (3) space is available for all paying registrants. This privilege does not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. NOTE: Judges must actually attend to receive course materials. Parking Information for Attendees Not Staying at the Hotel is subject to change without notice and is not a guarantee of available space. Self parking is complimentary at all sites. If You Need Special Accommodations To Attend, please contact us as soon as possible at , x1797. For the Cityplace Conference Center in Dallas, please call us at , x1797 in advance of your arrival so that assisted parking can be arranged for drivers of handicapdesignated vehicles. SAN ANTONIO Video Hyatt Hill Country Resort & Spa 9800 Hyatt Resort Drive San Antonio, TX $205/night Deadline: 7/5/09* Registered But Can t Attend? Still Earn Participatory Credit and receive course materials by (1) calling , x1574 to transfer your registration to a later presentation or (2) taking the course online later, in which case you ll automatically be sent the course materials; see FREE TO OUR REGISTRANTS!, below. However, if you wish to receive a refund instead, mail or fax ( ) your request so that we receive it at least one business day before the program. FREE TO OUR REGISTRANTS! Online Videos of the Presentations & PDFs of the Course Materials will be available to registrants 6-8 weeks after the course. Provide us your address when registering and we ll alert you when these benefits are available and how to access them. (Note: Presentation lengths may vary from that which was advertised.) There s no extra charge; as a registrant, you re already entitled! Policy of Impartiality The State Bar of Texas does not endorse political candidates. When a candidate for public office is included in promotion for or participates in a TexasBarCLE event, the State Bar is not taking a position for or against anyone s candidacy. DALLAS Video Cityplace Conference Center 2711 N. Haskell Dallas, TX No rooms have been blocked for this showing 7 * The reserved block of rooms may fill up before the deadline. Act now!

7 Registration Form w a y s t o r e g i s t e r Online TexasBarCLE.com credit card only Phone , x1574 during business hours credit card only Fax credit card only Mail State Bar of Texas - CLE LB # P. O. Box Dallas, TX check or credit card Registering five or more? Laura Angle at [email protected] for group discount information. On the Advanced Course save up to $75! Advanced Estate Planning and Probate Course Here are my choices: Advanced Estate Planning & Probate Course [5000] q Houston LIVE, June $745 Early Registration Deadline: May 27 q San Antonio VIDEOw, August $695 Early Registration Deadline: July 22 q Dallas VIDEO, August $645 Early Registration Deadline: August 5 Special offer for Advanced Course registrants: q Texas Guardianship Manual**... only $188 q Texas Probate System**... only $206 q Contingency Planning**... only $34 Attorney Ad Litem Certification for Guardianship Proceedings [5002] (No discounts or late fees apply.) I ll attend this track: q General q Advanced q I m registering for the Advanced Course.. FREE q Houston, June $95 q San Antonio, August 5... $95 q Dallas, August $95 Nuts & Bolts of Estate Planning & Probate [5001] (No discounts or late fees apply.) q Houston LIVE, June 9... $145 q San Antonio VIDEO, August 4... $145 q Dallas VIDEO, August $ I want my Advanced Course materials format to be: q Electronic materials (PDFs on a USB drive) q Hard-copy materials (2 notebooks) q BOTH so I ll ADD $115 I m entitled to 1 or 2 discounts on the Advanced Course: q $50 OFF because I m registering by the Early Registration Deadline. (If by mail, date of postmark will be determinative.) q $25 OFF because I m a member of one of the following: Real Estate, Probate and Trust Law Section; State Bar College; Legal Administrations or Paralegal Div.; am licensed 2 years or less. $ is my total for course(s) and materials. q As a judge, I AFFIRM I qualify under (State Bar Policy Manual) for complimentary admission (see pg 7.) I can t attend. Just send course materials.* FREE Shipping & Handling q Advanced Course books...$230 set q Advanced Course materials on USB drive...$230 each q Advanced Course audio MP3 speeches on CD.. $225 per set q Advanced Course audio CDs...$345 per set q Nuts & Bolts book...$85 each q Guardianship Course book...$45 each q Perfecting Your EPP Practice CD-ROM...$45 per set q Texas Guardianship Manual**....$250 each q Texas Probate System**...$275 each q Contingency Planning**...$45 each 5 I am paying by: q Check (enclosed) payable to the State Bar of Texas for $ q Visa q MasterCard q AMEX q Discover Account No. Exp. Date Name on card (Please print) Signature State Bar Membership No. Name Badge Name Firm Name/Court Address for Bar-Related Mail City/State Zip Phone ( ) Fax ( ) 8 *PDFs of course materials will be available for purchase 6-8 weeks after the course in the Online Library at TexasBarCLE.com. Registrants receive access to the PDFs at no additional charge (see Free to Our Registrants in this brochure). Plus 7.25% tax (8.25% for Austin address) on total. Book orders and audio CD orders are shipped separately and filled 4-6 weeks after the live event. A bill will be sent unless a credit card charge is authorized on this form. **This discounted book offer is not available online. Placement of an order includes automatic shipments of future updates along with a bill. Return privileges apply. Cancel updates at any time by contacting the State Bar Sales Desk at , x1411. QUESTIONS? , x

8 State Bar of Texas P. O. Box Austin, TX rd Annual Advanced Estate Planning & Probate Course LIVE June, 10-12, 2009 Houston VIDEO August 5-7, 2009 San Antonio VIDEO August 19-21, 2009 Dallas NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS Texas Guardianship Manual, Texas Probate System And Texas Contingency Planning 25% Discount for Course Attendees Only! Use the registration form in this brochure to order now. Texas Guardianship Manual (2d ed.) With more than 140 pages of detailed practice notes and 185 forms, this comprehensive manual is an essential practice guide for attorneys in Texas who handle guardianship matters. Texas Guardianship Manual (2d ed.) Includes Texas Guardianship Manual on Disk. Special price for course attendees only (through 07/10/09) $188 (regularly $250) Texas Probate System (3d rev. ed.) This comprehensive volume provides a complete system containing all materials necessary for handling a decedent s estate. Includes Texas Probate System Forms on Disk. Texas Probate System (2d rev. ed.) Special price for course attendees only (through 07/10/09) $206 (regularly $275) Contingency Planning: The Texas Practitioners Guide to Powers of Attorney and Other Alternatives to Guardianship Designed for lawyers in every field of practice, this convenient softbound book provides valuable advice for the Texas attorney in making plans for financial and medical care and in providing knowledgeable and cost-effective legal support to clients facing the same concerns. A free CD containing full text of book plus all forms is included. Contingency Planning: The Texas Practitioners Guide to Powers of Attorney and Other Alternatives to Guardianship Special price for course attendees only (through 07/10/09) $34 (regularly $45)