Pending CLE credit in Kansas and Missouri
2019 Elder & REPT Conference Agenda
Four Points by Sheraton, Manhattan
Thursday, September 26 & Friday September 27, 2019
Program Sponsored by: The Bar Plan
***This page will be updated as more information becomes available***
Thursday, September 26, 2019 (Day 1)
8:00 am • Registration and Continental Breakfast
8:30 am • Medicaid Eligibility and Division of Assets: Long-Term Care Case Studies (100 minutes)
Molly Mead Wood, Stevens & Brand, LLP, Lawrence
From the routine to the mind-numbingly complex, we’ll talk through:
· Medicaid eligibility timing and problems;
· Division of Assets timing, process, and problems;
· What to do with a bogus eligibility denial; and
· The administrative hearings process through a Petition for Judicial Review.
10:10 am • BREAK
10:20 am • Estate Planning for Second Marriages
Matthew W. Bish, Foulston Siefkin LLP, Wichita
With individuals living longer and the high incidence of divorces, odds have become much greater that a person will divorce and remarry, in some instances a number of times. Such “second marriages” can present particular problems and challenges to clients and their estate planners which are not present in any other context, most severely when both spouses have children of their own prior to the marriage. “Blended families” pose unique issues with respect to the management of assets upon a disability of either spouse, as well as the disposition of assets on the death of either spouse. The vast majority of second marriages are simply poorly planned to meet such exigencies, resulting in a very high frequency of destruction of the integrity of the desired disposition of the estates of either or both spouses, unnecessary legal fees, and significant family disharmony and emotional turmoil not only between or among the children of a deceased or disabled spouse, but also between such children and a step-parent and between the children of both spouses. In addition, there are also issues in second marriages relating to the protection of assets from a dissolution of marriage claim or inheritance claim of a spouse which are usually of greater import due to one or both parties typically having accumulated significant assets prior to the marriage. Finally, there are tax, governmental benefits and other potential detriments that can be incurred as a result of second marriages that are in need of being understood by clients prior to the marriage and militated against to the full extent possible through proper planning. Mr. Bish will discuss such foregoing issues and problem areas and present planning techniques and strategies that comprehensively address them.
11:10 am • Tax Law Update and a Potpourri of Things the Non-Tax Lawyer Should Know In Advising Their Clients
Robert M. Hughes, Bever Dye LC, Wichita
Now that the Tax Cut and Jobs Act passed in 2017 is a year old, a discussion of what provisions matter to most individuals and small business. A review of recent tax cases along with a discussion of ways to achieve a step-up in tax basis at each spouses death while insuring the property passes how the parties desire; a couple of thoughts on planning with retirement assets and if time, considerations in transferring business from one generation to the next.
12:00 pm • LUNCH (Provided)
1:00 pm • Long Term Care Insurance Contracts: How to Read & File Claims
Stana Martin, Mrs. LTC, Liberty MO
This session will identify the major parts of long term care insurance contracts, teach how to read them quickly and efficiently, and explain how the claim process works so attorneys can help clients maximize their benefits from these resources.
1:50 pm • In re Estate of Earl O. Field: Forgery, Murder-Suicide, and the Forgotten Paper Shredder
Coy Martin, Coy Martin Law LC, Wichita
As trial and appellate counsel for a university foundation destined to receive the bulk of a $20 million estate to fund scholarships, Mr. Martin will present an overview of In the Matter of the Estate of Earl O. Field, deceased, 55 Kan.App.2d 315, 414 P.3d 1217 (2018) (petition for rev. filed). The Field case involves themes and plot twists akin to a John Grisham novel. The case is also an effective springboard from which to understand and appreciate how to attack the validity of a will or other legal instrument when there is a bona fide concern that the proponent of the will/instrument was engaged in self-dealing, forgery, undue influence, and other misconduct. Within the context of this interesting case, Mr. Martin will discuss tactical considerations associated with formal and substantive disputes over wills and the evidentiary challenges inherent in such disputes. His discussion will include how to frame and implement an effective and timely discovery plan; how to stage and capitalize on impeachment opportunities; and, how to effectively use direct, circumstantial and demonstrative evidence.
2:40 pm • BREAK
2:50 pm • Ethics: The Exercise of Professional Judgement and the Ethics of Drafting Legal Documents.
Professor David Pierce, Washburn University School of Law, Topeka
Professor Pierce examines the obligation to provide clients with legal documents that reflect the lawyer’s professional judgment to accomplish client goals. He demonstrates how to ensure professional judgment is exercised by applying a three-step drafting process to tasks associated with Elder Law and Real Estate, Probate, and Trust Law.
3:40 pm • ADJOURN
Friday, September 27, 2019 (Day 2)
8:00 am • Registration and Breakfast Buffet
8:30 am •“Resting in Pieces”: Avoiding Family Disharmony in the Estate
Timothy P. O’Sullivan, Foulston Siefkin LLP, Wichita
Most estate planning clients, if asked, would be expected to value family harmony more than their worldly assets, and its maintenance following a disability or death to be of greater importance than minimizing administrative costs and taxes in the administration of their estates. Nonetheless, the vast majority of estate plans simply fail to more than minimally address this overarching estate planning goal. Consequently, such plans not only put at high risk the maintenance of family harmony during such periods and the occurrence of substantial administrative costs which normally accompany its loss, but also the very integrity of the estate plan itself. Mr. O’Sullivan will address family factors, the provisions in estate planning documents or the lack thereof, the choice of fiduciaries, and ill-advised counseling, all of which can put at great risk loss of family harmony in the estate planning process. As a part of such discussion, Tim will suggest provisions for inclusion in estate planning documents, advice to be given to clients concerning choice of fiduciaries, and counseling strategies specifically designed to substantially reduce, if not totally avoid, such risks.
9:20 am • Judicial and Non-Judicial Settlements in Trusts and Estates
Stacey L. Janssen, Sandberg Phoenix & Von Gontard PC, Kansas City MO
This presentation will address judicial and non-judicial settlements under the Uniform Trust Code, as well as Valid Settlement Agreements in decedent’s estates. We will review necessary parties to a settlement, virtual representation, terms of settlement and suggested provisions for settlement agreements.
10:10 am • BREAK
10:25 am • Drafting of Powers of Attorney for Health and Finances, and Detailed Living Wills, including Provisions for Clients with Various Religious Restrictions
Kirk Nystrom, Attorney at Law, Topeka
A guide to Powers of Attorney and Living Wills. The preprinted forms available online or from the hospitals are woefully insufficient. Living Wills and Health Care Powers should be drafted in detail to address the client’s needs and desires. Powers. Financial Powers should address Kansas Homestead law and recent changes in fiduciary responsibility.
11:15 am • Communication, Competence & Confidentiality in the Digital Age
Danielle Hall, Office of the Disciplinary Administrator, Topeka
Technology has been a game-changer for the attorney-client relationship. Digital age innovations can be used to facilitate quick communication between clients and their lawyers, allowing lawyers to better keep their clients reasonably informed. As a result, gone are the days when lawyers could practice law without understanding the basics of technology. In fact, our ethical obligations require us to stay abreast of the benefits and risks associated with technology. This program will cover how we can use technology to help with client communication, the importance of competently using technology, and the need to maintain client confidentiality in the digital age.
12:05 am • ADJOURN
Early Bird Registration: Register BEFORE July 31, 2019 receives a $20 discount on registration
KBA Elder & REPT Section Member Registration $275
YLS Member $295
KBA Member Registration $305
Non-member Registration $345
Paralegal Registration $190
Printed Materials at Conference $30
To register for this event online, please use register button above. To pay by check or for paper registration, please click here and fill out the form and print to include with payment. You can email the registration to email@example.com. Please Note: Your registration is not complete until check is received by the KBA. You will not receive a confirmation until your payment is processed.
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