Approved for 12 CLE hours, including 3 hours of ethics and professionalism in Kansas and Missouri.
Hotel Reservation Information:
Due to high demand the room block at the Hilton Garden Inn for Wednesday, October 19 and Thursday, October 20 has been filled. Reservations can still be made at the Hilton Garden Inn, but the rate will be $199 per night. Please call (785) 532-9116 to reserve your room.
The Fairfield Inn which is located directly across the street from the Hilton Garden Inn has rooms available for the nights of the conference. Rooms are available from $119-$124 per night. You can call the Fairfield Inn at 785-539-2400 to reserve your room.
Elder and/or Real Estate, Probate and Trust Section Member: $245
KBA Member: $275
Printed Paper Materials (optional): $30
Thursday, October 20
8:30 am • Registration and Continental Breakfast
9:00 am • Medicaid (Still a Cluster) and VA Pension Benefits for Long-Term Care (100 minutes)
Molly Mead Wood, Stevens & Brand, L.L.P., Lawrence, KS
Stacey Janssen, Dysart, Taylor, Cotter, McMonigle & Montemore, P.C., Kansas City, MO
If any of your clients have tried to negotiate the KanCare Clearinghouse, you’ve got a sense of the problem. Added to the complexity of these two varying sources of payment for long-term care are the new barriers to access to Medicaid. In addition to Medicaid and VA pension basics, we’ll have some suggestions for how to help your clients win through.
10:40 am • BREAK
11:00 am • The Curious Case of Dorothy B. Culver: A Primer on Will Contests Undue Influence and Testamentary Capacity
Mark Burghart, Alderson, Alderson, Weiler, Conklin, Burghart & Crow, L.L.C., Topeka, KS
This segment of the program will review the 2014 Kansas Court of Appeals decision of In re Estate of Dorothy B. Culver. In addition to the case analysis, the concepts of testamentary capacity and undue influence will be discussed. Steps that may be taken during the estate planning process to preserve a decedent’s testamentary plan when a Will challenge is anticipated will be explored.
11:50 am • LUNCH (Provided)
1:00 pm • Alternate Probate Procedures
Eric Anderson, Clark, Mize, Linville Chartered, Salina, KS
Not all probate administration procedures in Kansas must be drawn out and expensive. Kansas has several other estate administration procedures, some of which involve filing documents with the courts. This presentation will summarize the following procedures: Descent Proceedings, Informal Administration, Refusal to Grant Letters of Administration, 59-618a Filing, Conservatorship Termination, Small Estates Affidavit, and Non-resident Administration.
1:50 pm • Break
2:00 pm • 1031 Exchanges: The Basics of a Section 1031 Like-Kind Exchange
Dal Houston, Benson & Houston, P.L.L.C., Alva, OK
This presentation will outline the basic requirements of a Section 1031 Like-Kind Exchange. Specifically explaining deferred exchanges, reverse exchanges and construction exchanges. This will also include identifying and discussing statutory requirements and deadlines. In addition, this presentation address many commonly asked questions regarding an exchange, such as related party transactions, improvements to property and reporting an exchange.
2:50 pm • Representing Clients with Diminished Capacity (EP)
Philip Ridenour, Martindell Swearer Shaffer Ridenour, LLP, Cimarron, KS
The topic will focus on Kansas Rules of Professional Conduct 1.14 and will include consideration of what constitutes diminished capacity in various settings and whether the test for diminished capacity is the same in all areas of law. When and under what circumstances is the lawyer responsible for determining when a client has diminished capacity, and when and under what circumstances can the lawyer make recommendations as to appointment of guardian, conservator, trustee, or other fiduciary. Practical advice and ideas for the practicing lawyer will be discussed.
3:40 pm • Break
4:00 pm • Powers of Attorney and Living Wills
Kirk Nystrom, Nystrom Law Office, Topeka, KS
This comprehensive program will review: the requirements to have an agent be authorized to sell the home, why the spouse must consent, avoiding placing too high a burden on a serving agent, what provisions can outlast death, and what HIPPA provisions should be included, Giving the Spouse the authority to override the terms of the Living Will. Why using the bare boned forms in the statute short changes your client. What language in needed regarding pain management. Is it clear that family can override third parties controlling medical decisions?
4:50 pm • Day 1 Adjourns
Friday, October 21
8:00 am • Registration and Breakfast Buffet
8:30 am • Elective Share: Mastering the Augmented Estate Twenty Years Later
Cheryl Boushka, Van Osdol, PC, Kansas City, MO
Cheryl Denton, Denton Law, LLC, Lawrence, KS
The Kansas elective share is more than 20 years old, but practitioners and judges still struggle with the application and calculation of the augmented estate. Authors and presenters Cheryl Boushka and Cheryl Denton demystify this aspect of Kansas law and make simple the appropriate calculations and strategies.
9:20 am • BREAK
9:30 am • Undue Influence in the 21st Century
Michael R. Ong, Ong Law Firm, Overland Park, KS
Challenges to testamentary documents, both Wills and Trusts, seem to be becoming more frequent and widespread. Several factors are converging: wealth transfers from the elder generation are accelerating; non-traditional families are increasing in number; families are becoming more geographically disbursed, thus creating opportunities for isolation. In 2015, the Kansas Supreme Court issued its latest ruling on the law of undue influence. This case, and the elements for challenges to testamentary documents, will be discussed in detail. In addition, the opportunities to exercise undue influence and avenues to trigger a diversion of assets have multiplied in the 21st century. These “modern” methods of undue influence include: misuse of powers of attorney to alter estate plans; altering beneficiary designations, creation of joint tenancy accounts, misuse of transfer on death accounts; and gifting from trusts. The challenges presented by these issues will be discussed as well in the presentation.
10:20 am • BREAK
10:30 am • Administration of Revocable Trusts
Ashley Felton, Ferree, Bunn, Rundberg & Ridgway, Chtd, Overland Park, KS
This presentation will give an overview of the best practices in trust administration from the perspective of an attorney for trustee [and that of the corporate trustee]. The presentation will touch on financial stewardship and how to achieve success and minimize complaints; the document gathering process; notice requirements; inventory – dealing with real property and other assets; debts and taxes; trust accounting; trust distributions; and, other tax-related issues
11:20 am • Break
11:30 am • Application of Rule 221 When Counsel is Appointed to Protect Clients' Interests Upon Death or Disability of an Attorney (100 minutes)
Charles J. Andres, Law Office of Charles J. Andres, Olathe, KS
John P. Gerstle, John P. Gerstle II, PA, Olathe, KS
Anne McDonald, Kansas Lawyers Assistance Program, Topeka, KS
Thomas “Tim” Owens, Attorney at Law, Overland Park, KS
Under Kansas Supreme Court Rules Relating to Discipline of Attorneys, the administrative judge of the judicial district in which the attorney maintained his or her practice shall appoint an attorney or attorneys to inventory the files of the inactive, disappeared, deceased, suspended, or disbarred attorney and with the approval of the judge take such action as may be necessary to protect the interests of the attorney and the attorney's clients. Any attorney so appointed shall not disclose any information contained in any files so inventoried except as necessary to carry out the order of the district court.
The speakers will discuss, including applicable ethics rules, the circumstances when a “Rule 221 Attorney” is to be appointed, and what the authority should be granted “to protect the interests of the attorney and the attorney's clients” given those circumstances. The speakers will also review a sample “Order Appointing Rule 221 Attorney” as it relates to the following actions to be taken:
1. The form of notice to be provided to active clients of the death or disability of their attorney including obtaining authority from the client to disclose information and/or to transfer the file in a confidential manner.
2. The form of notice to be provided courts regarding active cases including making appearances, with or without consent of the client, by the Rule 221 attorney and/or other local counsel on behalf of the deceased/disabled attorney to protect the interests of the client.
3. To take control of the attorney’s client trust account and make disbursements to clients and/or the operating account of the attorney as necessary to protect the respective attorney/client interests.
4. To take control and inventory the active and inactive client files for safekeeping, and the need to retain, destroy or return files to the client and/or transfer the files to the appointed fiduciary of the attorney, an authorized officer of the law corporation, or to new counsel.
The speakers will discuss the role of the probate court regarding the interplay between the Rule 221 attorney and its appointed fiduciary concerning the authority to “wind down the law practice” including the collection of fees and payment of bills. The speakers will lastly discuss the interplay of corporate law when the law practice is operated as a professional association.
1:10 pm • Day 2 Adjourns
Hotel Reservation Information:
Due to high demand the room block at the Hilton Garden Inn for Wednesday, October 19 and Thursday, October 20 has filled up. Reservations can still be taken, but the rate will be $199 per night. Please call (785) 532-9116 to reserve your room.
Also, the Fairfield Inn which is located directly across the street from the Hilton Garden Inn has room available for the night of the conference. Rooms are available from $119-$124 per night. You can call the Fairfield Inn at 785-539-2400 to reserve your room.