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Elder and Real Estate, Probate & Trust Law Conference
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10/26/2017 to 10/27/2017
When: October 26th & 27th
8:30 am Registration
Where: Hilton Garden Inn, Manhattan KS
410 South 3rd Street
Manhttan, Kansas  66502
United States
Contact: Angela Harris
785-861-8811


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Approved for 10 CLE credit hours, including 2 hours of ethics in Kansas & Missouri 

 

2017 Elder & REPT Conference

Hilton Garden Inn, Manhattan

Thursday, October 26 & Friday, October 27

Agenda

 

Thursday, October 26, 2017                                              (7 hours, 1 hour of ethics)

 

8:30 am • Registration and Continental Breakfast

 

9:00 am • New and Interesting Medicaid Developments (100 minutes)
Molly Mead Wood, Stevens & Brand, LLP, Lawrence, KS.
Emily A. Donaldson, CELA, Stevens & Brand, LLP, Topeka, KS.
Denise McNabb, Stevens & Brand LLP, Topeka, KS.
Because Medicaid is a federal-state partnership, there's a fairly constant supply of new cases nationwide (including Kansas and 10th Circuit cases) that have implications for our elderly and disabled clients and their families.  We'll highlight a couple of Kansas cases, tell you what's new with KanCare (if you've read that the backlog is caught up, that's just not true), and survey the changing Medicaid landscape nationally. 

 

10:40 am • BREAK

 

11:00 am • One Solution to Solving the Estate Planning Problem of Not Knowing Which Spouse Will Die First – Reciprocal Spousal General Testamentary Powers of Appointment  
Stewart Weaver, Foulston & Siefkin LLP, Wichita, KS
There are a number of estate planning opportunities available when the order of deaths of a married couple is known for certain.  When the order of deaths is unknown, including reciprocal spousal general testamentary powers of appointment in the revocable trusts of the married couple can provide the benefits otherwise available if the order of deaths could be known.  For example, augmenting the assets owned by the first spouse to die can maximize a trust for the surviving spouse created by the predeceasing spouse.  This serves to increase those assets protected from a future marriage and divorce, creditor exposure, and Medicaid exposure of the surviving spouse.  Such powers of appointment can also serve to “lock-down” all or part of the assets of the couple at the first death to prevent a diversion of assets to unintended beneficiaries by the surviving spouse.  Finally, the use of such powers of appointment afford the opportunity to achieve a full “step-up” in income tax basis on the assets of both spouses at the death of the first spouse.  The technique of including such powers of appointment in the revocable trusts of the spouses will be discussed as well as the potential benefits.

 

11:50 pm • LUNCH (Provided)

 

1:00 pm Estate Planning and Administration for Digital Assets
Kent A. Meyerhoff, Fleeson, Gooing, Coulson & Kitch L.L.C., Wichita, KS.
Traditionally, estate planning and administration has focused on assets such as real estate, stocks, mutual funds, cash in the bank, vehicles, and other tangible personal property.  But what about digital assets, such as digital photographs, social media accounts, email accounts, streaming music and video accounts, and online financial accounts?  In today’s world, more and more of our clients’ lives and assets exist in digital formats, whether on a computer hard drive or in a cloud somewhere.  This session will consider how to identify, plan for, and administer a client’s digital assets.  It will include a discussion of the Revised Uniform Fiduciary Access to Digital Assets Act, which became law in Kansas on July 1, 2017.

 

1:50 pm • BREAK

 

2:00 pm • Oil and Gas - Elder Law and Estate Planning
Robert Eisenhauer, Johnston Eisenhauer Eisenhauer & Lynch, LLC, Pratt, KSWhat will be discussed in this presentation:

- Mineral Valuations for Estates and Trusts

- Division of Mineral Assets in Estate Planning

- Transfers of Mineral and/or Royalty Interests in Estate Planning

Issues Involving:

(a)  Oil and gas lease provisions and copies of addendums to attach to oil and gas leases

(b)  Salt water disposal well issues

(c)  Executory rights for life tenants

(d)  Issues between life tenants and remaindermen

(e)  Title insurance issues - mineral interests

 

 

2:50 pm • Structuring the Farm or Ranch for Estate Planning and Business Purposes
Stewart Weaver, Foulston & Siefkin LLP, Wichita, KS
Apart from the base estate planning documents, such as trusts, wills, powers of attorney and other related documents, there is the issue of how a farm or ranch should be structured for estate planning and business purposes.  The advantages and disadvantages of various structures will be discussed including the use of corporations, limited liability companies, and partnerships to hold various assets involved in the business as well as conduct the operations of the farm or ranch.  Ownership of the assets of the operation by family members engaged in the farming or ranching operation as well as those who may not be actively engaged is examined.  Optional designs will be analyzed with particular attention to taxation, liability protection, control, ease of transfer, and the Kansas anti-corporate farming laws.

 

3:40 pm • BREAK

 

4:00 pm • Ethics: Cases and Conflicts: A review of recent disciplinary cases arising out of probate and estate matters, as well as a review of common situations in estate planning that can implicate the conflicts rules.
Matt Vogelsberg, Office of Disciplinary, Topeka, KS
An update on recent Kansas Supreme Court cases involving estate and probate matters, as well as an assessment of the conflict issues inherent in estate planning.

 

 

4:50 pm • Adjourn

 

 

Friday, October 27, 2017                                                               (3 hours, 1 hour of ethics)

 

8:30 am • Registration and Breakfast Buffet

 

9:00 am • Drafting Health Care Advance Directives in a Rapidly Changing Legal and Sociological Environment
Tim O’Sullivan, Foulston P. O’Sullivan, Wichita, KS
Tim O’Sullivan will discuss the current Kansas statutory provisions addressing Health Care 
Advance Directives.  Of emphasis will be their limitations and failure, along with the statutory
forms, to address legal and sociological trends in the ensuing decades following their
enactment.  A significant portion of his presentation will be suggested provisions for inclusion in
such instruments, including a much more comprehensive living will form for consideration by
attendees.  

 

9:50 am • Special Needs Planning in a World of Public Benefits Uncertainty.
Emily A. Donaldson, Stevens & Brand LLP, Topeka, KS
This presentation will cover the basics of special needs planning, including use of supplemental
needs trusts and current updates to the governing laws, as well as discuss practical tips for educating the courts on these types of trusts.

 

10:40 am • 20-minute BREAK

 

11:00 am • Ethics: Fiduciary Engagement Letters
Stewart Weaver, Foulston & Siefkin LLP, Wichita, KS
This presentation will include a general discussion of the importance of written engagement letters in the context of fiduciary representation.  The pertinent ethical rules impacting the representation will be discussed.  Special issues unique to fiduciary representation will be reviewed along with some real-life examples of problems that can arise in representing fiduciaries without proper engagement letters.  Sample forms generated from various firms from around the state of Kansas will be provided.

 

11:50 am • Day 2 Adjourns

 

 

 

Section Member Registration Price: $245.00
KBA Member Registration Price: $275.00
Paralegal Registration Price: $160.00
Non-KBA Member Registration Price: $315.00

Paper Materials: $30. (Optional)  - electronic materials will be sent out before the event if written are not purchased. 

 

Hotel Reservations:
Hilton Garden Inn 785-532-9116.
410 South 3rd Street, Manhattan KS, 66502

Reference Real Estate, Probate & Trust, and Elder Law Conference for room block price of $106 + tax available until September 25th.  

 

Thank You to Our Sponsor

 

 

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