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2015 Real Estate, Probate & Trust and Elder Law Conference
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Approved for 11.5 hours CLE, including 2.0 hours of ethics and professionalism in Kansas. Approved for 11.5 hours of CLE, including 2.5 hours of ethics and professionalism in Missouri.

10/8/2015 to 10/9/2015
When: October 8 & 9, 2015
Conference begins at 8:30 AM on 10-8-2015 and ends 1:00 PM on 10-9-2015
Where: Courtyard by Marriott
310 Hammons Drive
Junction City, Kansas  66441
Contact: Leslie Garwood

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Approved for 11.5 hours CLE, including 2.0 hours of ethics and professionalism in Kansas. 
Approved for 11.5 hours of CLE, including 2.5 hours of ethics and professionalism in Missouri.

Meeting Agenda:

Thursday, October 8, 2015

8:30 am • Registration and Continental Breakfast
9:00 am • Paying For Long-Term Care: Medicaid and Veteran’s Benefits 
Molly Mead Wood, Stevens & Brand, L.L.P., Lawrence, KS
Emily Donaldson, Stevens & Brand, L.L.P., Topeka, KS
You, your spouse, and every one of your clients has a better than 50/50 chance of needing nursing facility care, but few of us have planned to have $7,000+ per month extra income to pay for it.  This program will orient you to two planning (and crisis management) strategies when disability or dementia (or both) overtake you.
10:40 am • BREAK 
10:55 am • Taxation of Special Needs Trusts
Robert “Bob” Hughes, Bever Dye, LC, Wichita, KS
Special Needs Trusts are a useful tool to provide for beneficiaries who are disabled and will benefit from long-term assistance with their financial affairs.  Tax issues arise in drafting, funding and administering Special Needs Trusts.  The presentation will provide basic knowledge of the rules regarding taxation, including income, gift and estate taxation.  Additionally, there will be a discussion of 529 ABLE accounts and issues confronted in funding Special Needs Trusts with retirement benefits. 
11:45 am • LUNCH (Provided)
1:00 pm • Prosecuting Crimes against Our Elders
Stefani Hepford, Kansas Attorney General’s Office, Topeka, KS
This presentation will explore criminal prosecution in primary areas of elder abuse, such as physical abuse, emotional abuse, sexual abuse, and financial exploitation.  Cases involving these issues will be discussed to illustrate the challenges to prosecution of these crimes in hopes that practitioners can better serve the victims and our communities.    
1:50 pm The Betty Jo Strader Case and Its Implications
Charles “Chuck” Andres, Law Office of Charles J. Andres, Olathe, KS
This program is a review of the Betty Jo Strader case where the Kansas Supreme Court reversed the decisions of the District Court and the Court of Appeals In the Matter of the Estate of BETTY JO STRADER, Deceased to clarify the intent of  the exception under K.S.A. 59-618. Per the general rule stated in K.S.A. 59-617, no will is effective unless a petition is filed for probate of the will within 6 months of the date of the testator's death. The District Court nevertheless admitted Betty Jo Strader's will to probate when it was found in her attorney's office more than 4 years after her death and court intestacy proceedings were well underway. The Court of Appeals affirmed the district court, relying upon its interpretation of  K.S.A. 59-618, which is an exception to K.S.A. 59-617's general rule.  The  Kansas Supreme Court held that a required element of the statutory exception allowing late filing is for the will to have been "knowingly withheld" from the probate court. And here the Supreme Court held the will was not knowingly withheld.

3:05 pm • BREAK
3:20 pm • Navigating the Social Security Maze
Matthew Bish, Foulston Siefkin LLP, Wichita, KS
This program will address how past and present marital status and one’s age of birth can affect the amount of-and age of eligibility for-social security benefits, as well as determining the advisable time to elect social security benefits at or after the initial eligibility age through the mandatory distribution age.  The last aspect will include a breakdown of the multitude of factors which go into determining the most efficacious time to make such election, including (a) maximizing the likely total economic benefit of both the recipient and a spouse in considering income tax brackets both during the election period and afterwards, the effect of continuing to work after the election on the amounts and timing of distributions, time value of money concepts, and the potential benefits of an early election by one spouse; and (b) considering the benefit of a maximum delay in the receipt of social security benefits independent of its likely total economic benefit due to providing an “annuity insurance factor” and reduce the risk of “outliving my money.”
4:10 pm Health Directives for Patients with Alzheimer’s and Dementia: An Interprofessional Perspective 
Dana Pugh, KU Medical-Legal Partnership, KU School of Law, Lawrence, KS
Tarris “Terry” Rosell, Ph. D., Dept. of History and Philosophy of Medicine, KS Medical Center, Kansas City, KS
Deon Cox Hayley, MD, University of Kansas School of Medicine, Kansas City, KS
This program will provide an interprofessional analysis of health directives for Alzheimer’s and Dementia patients.  Panelists will provide insight and considerations from the legal, ethics, and medical fields when drafting directives for patients with Alzheimer’s or Dementia diagnoses.  The program will use the NY Times article, “Complexities of Choosing an End Game for Dementia”, provided in advance, as a foundation for the discussion.  
5:00 pm Adjourn for the day

Friday, October 9, 2015

8:00 am • Registration and Breakfast Buffet
8:30 am • Financial Instruments and Capacity
Tim O’Sullivan, Foulston Siekin, LLP, Wichita, KS
Mr. O’Sullivan will address the varying levels of competency needed to execute estate planning documents.  In addition, he will compare and contrast the level of “cross-sectional” capacity applicable to the execution of estate planning documents with the level of “longitudinal” capacity necessary to defend against a guardianship or conservatorship proceeding.  Drafting suggestions will also be provided with respect to coordinating definitions of a mental disability in “springing” durable powers of attorney with those applicable to grantors of revocable trusts.  Finally, Mr. O’Sullivan will address common drafting errors,  including provisions in revocable trusts which frequently unduly restrict the grantor’s rights to amend its provisions following the grantor’s incurrence of a defined mental disability from rights the grantor would otherwise have had to alter the estate plan in the absence thereof.         
9:20 am • BREAK
9:40 am • Legal Pitfalls in Trust Administration 
Tad Layton, Post Anderson Layton Lindstrom, LLP, Overland Park, KS
Senator Jeffrey “Jeff” King, King Law Office, LLC, Independence, KS
Outcomes in trust litigation are greatly impacted long before pleadings are filed. This session will discuss the role of good counsel in advising trustees to maximize opportunities for success. It will also provide insight on addressing common challenges facing trustees such as fulfilling the duty to inform and report to beneficiaries, handling co-trusteeships, recognizing conflicts of interest, and issues in trust termination. The session will conclude with strategies for pro-actively handling litigation when inevitable.

10:30 am • BREAK
10:40 am Heart’-ing Hot Moms, Floating on Clouds, and Surfing the Web: Ethical Issues in the Digital Age  
Michael Shultz, Schultz Law Office, PA, Wichita, KS
Computer technology and internet services provide a wealth of tools and assets to the modern lawyer, but they are also fraught with potential ethical dangers.  This presentation will analyze some of those dangers, focusing on cloud servers, meta data, social media and their potential implications for diligence, confidentiality, competence and candor.  We will examine various ethical rules and discuss each of them in relation to various technologies available to the modern lawyer—cloud-based storage, metadata, and mobile computing options.  We will compile various ethical opinions and cases to provide illustrations for some of the thorny ethical issues that can arise with the use of modern technology.
12:20 pm Adjourn



A room block has been reserved at the Courtyard by Marriott for Wednesday, October 7 and Thursday, October 8. The room rate is $88 + tax per night.  Please call  (785) 210-1500 to reserve your room and reference the Kansas Bar Association room block.