Probate, Trust and Elder Law Track
Sponsored by The Bar Plan
Thursday, September 24
Estate and Tax Planning in the 21st Century
It’s no longer just about estate tax. Baby Boomers, technology and unprecedented economic times have shifted the focus of planning concerns. Has your planning advice shifted to meet your clients’ needs? Richard and Ellen will address certainties and uncertainties, trends and traditions in estate planning in today’s environment.
2:10 - 3:00 p.m.
1.0 MCLE Hour
Moderator: John Gunn – The Gunn Law Firm, P.C. (St. Louis)
Presenters:
Mary Ellen Simmons – Commerce Trust Company (St. Louis)
Richard L. English – Stinson Morrison Hecker, L.L.P. (Kansas City)
 Fundamentals of Trust and Probate Administration
After the estate planning documents are written and the Will and Trusts are signed, witnessed and notarized, it next becomes the responsibility of the Personal Representative and the Trustee to administer the documents. Michael Gunn and Jill Fivecoat will present scenarios outlining interesting situations in managing trusts and estates. Topics discussed will include a beneficiary’s right to trust information, estate questions involving a private family note, sticky discretionary distributions, administration with a closely held company and discussions on general trustee responsibilities.
3:10 - 4:00 p.m.
1.0 MCLE Hour
Moderator: T. Jack Challis – Polsinelli Shughart, P.C. (St. Louis)
Presenters:
Michael P. Gunn – The Gunn Law Firm, P.C. (St. Louis)
Jill Fivecoat – Senior Vice President, Northern Trust (St. Louis)
Fiduciary Litigation: Contesting Trusts and Actions Against Trustees
As the greatest generation and baby boomers age, trillions of dollars in assets will be transferred from one generation to the next. Out of those transfers will come an unprecedented number of lawsuits and contested matters challenging trusts and the administration of those trusts. Our presentation will examine the ways to avoid these lawsuits and how to prevail once filed from both a planning and litigation perspective.
4:10 - 5:00 p.m.
1.0 MCLE Hour
Moderator: John Gunn – The Gunn Law Firm, P.C. (St. Louis)
Presenters:
Christine M. Graham – Polsinelli Shughart, P.C. (Overland Park, KS)
John M. Challis – Polsinelli Shughart, P.C. (St. Louis)
Friday, September 25
When Special Needs Trusts Collide With Traditional Estate Planning: Creation and Operation of Special Needs Trusts
Learn about: the different types of special needs trusts; the creation and operation of first party special needs trusts; creation and operation of third party special needs trusts; how these trusts can be integrated within the larger estate plan; issues to consider when selecting a Trustee(s); and issues relating to administration of special needs trusts.
8:30 - 9:20 a.m.
1.0 MCLE Hour
Moderator: Gerard A. Nester – City of St. Louis (St. Louis)
Presenters:
Julie A. Berkowitz – Julie A. Berkowitz, Attorney at Law (St. Louis)
Thomas A. Peebles, Jr. – Carnahan, Evans, Cantwell & Brown, P.C. (Springfield)
Ethical Considerations Related to Some Hot Topics in Elder Law
Lawyers can use all the guidance they can get when it comes to keeping up with ethical considerations related to elder law. This session will focus on the legal ethics issues that lawyers need to consider when dealing with some of elder law’s most timely and interesting topic areas, including: the fiduciary duty of Attorneys-in-Fact and how things can go wrong; advising the Attorney-in-Fact, Guardian, Public Administrator before they become difficult clients; the financial exploitation of elders/increase in cases and how to handle them; long-distance care-giving/supervision and ensuring the safety of a long-distance elder; and Life Care Planning as a recent adjunct to the traditional Elder Law Practice.
9:30 - 10:20 a.m.
1.0 Ethics Hour
Moderator: Gerard A. Nester – City of St. Louis (St. Louis)
Presenters:
Lois Zerrer – Zerrer Elder Law Office (Springfield)
Debra K. Schuster – Debra K. Schuster, P.C. (St. Louis)
|