Probate, Trust and Elder Law

The Bar PlanStaying Linked with Your Clients by Helping Them Forever Friend Their Digital Assets 

 
Thursday, September 19
2:10 – 3 p.m.
1.0 MCLE Hour

The area of planning for and administration of “digital property” has grown rapidly in significance in just the last few years. Although the “digital property” area seems at first blush to be narrow in scope, the confluence of applicable state law, rigid federal law that provides potential roadblocks, providers’ terms-of-service agreements, and the user’s estate planning objectives, is dynamic and real, and only going to become more prevalent with the next generation of clientele and ever-expanding technology. The presenters will highlight issues relating to estate planning for digital property, fiduciary access and responsibility for digital property, and dealing with the different rules imposed by the third party providers of various digital programs. 

Moderator: John R. Gunn, The Gunn Law Firm P.C., St. Louis  

Presenters:

Robert K. Kirkland, Kirkland Woods & Martinsen P.C., Liberty
Jennifer A. Davis, Greensfelder, Hemker & Gale, P.C., St. Louis


Estate Planning After the American Taxpayer Relief Act (ATRA)

Thursday, September 19
3:10 – 4 p.m.
1.0 MCLE Hour

The American Taxpayer Relief Act of 2012 has had a major impact on planning for wealthy clients. This program will address the provisions of ATRA and recent federal cases, rulings and regulations affecting planning. Also included will be a discussion of key Missouri statutory changes.

Moderator: John R. Gunn, The Gunn Law Firm P.C., St. Louis
 
Presenters:
Prof. David English, University of Missouri School of Law, Columbia
Michael E. Magliari, Michael E. Magliari, P.C., Chesterfield


How to File and Administer Guardianship and Conservatorship in an Electronic Age


Thursday, September 19
4:10 – 5 p.m.
1.0 MCLE Hour  

Those attending this program will receive double the benefit. In addition to learning what you should do and what you should not do when eFiling and administering these matters in the probate division, our two judges and probate commissioner will also cover key points to familiarize attendees with Missouri’s guardianship and conservatorship process. This one is appropriate for those just starting out as well as for practitioners who want additional insight into these probate matters coupled with guidance on their interaction with new electronic filing technology being implemented statewide. 

Moderator:
Hon. Deborah Daniels, 13th Judicial Circuit Court, Columbia

Presenters: 
Hon. Carol A. England, 13th Judicial Circuit Court, Fulton
Commissioner Daniel P. Wheeler, 16th Judicial Circuit Court, Kansas City


Estate Planning for Non-Traditional Couples and Families

Friday, September 20
8:30 – 9:20 a.m. 
1.0 MCLE Hour

Estate planning for lesbian, gay, and transgender clients involves unique issues and planning strategies. Topics to be covered are those that arise in representing same sex couples: estate planning, including the drafting of trusts, supplemental needs trusts, wills, living wills and the right of sepulcher. Non probate transfers, including beneficiary deeds and the titling of real property, powers of attorney, HIPAA releases, Medicaid planning and cohabitation agreements will also be discussed. The panel will also address the recent U.S. Supreme Court rulings in the same sex marriage cases and share their expertise in representing countless gay and lesbian couples.

Moderator: Reginald H. Turnbull, Turnbull & Stark, PC, Jefferson City    

Presenters:

Arlene Zarembka, Arlene Zarembka, Attorney at Law, St. Louis
Kay Madden
Slough, Connealy, Irwin & Madden, LLC, Kansas City


Time Shares and Other Unusual Assets


Friday, September 20
9:30 – 10:20 a.m.
 
1.0 MCLE Hour

This presentation will discuss the difficulties of dealing with time shares and oil and gas interests in the context of estate planning, probate and trusts administration and in the elder law context. Issues discussed will include valuation, transferring title, disposing of the property and potential litigation.

 Moderator: Reginald H. Turnbull, Turnbull & Stark, PC, Jefferson City

Presenters:
Robert L. Swearingen, Legal Services of Eastern Missouri, St. Louis
Connie S. Haden, Haden & Byrne, LLC, Columbia