Probate, Trust and Elder Law

The Bar Plan - Short AdSpecial Needs Trusts: They Are Not Just a Form


Special needs trusts are more complicated than completing a form. This presentation will focus on drafting issues in special needs trusts. To enhance the presentation, the speakers will show trusts that have had to be reformed due to incorrect drafting. Also, this presentation will discuss in-depth the recent Social Security regulations about special needs trusts that impact drafting of these trusts.

Thursday, October 18
2:10 – 3 p.m.

1.0 MCLE Hour

Moderator:
Lois M. Zerrer, Zerrer Elder Law Office, Springfield

Presenters:
Martha C. Brown, Martha C. Brown & Associates, LLC, St. Louis
Christine A. Gilsinan, Christine A. Gilsinan, Attorney at Law, St. Louis


Practical Considerations in Establishing Adult Guardianships and Conservatorships


The learning objective is to have all participants be aware of the procedures and practical issues in the adjudication of adult guardianship and conservatorship actions and to be able to successfully implement these requirements in such proceedings. Specific issues include: 1) content of required pleadings (including new requirements of 2011 legislative session); 2) information as to which Missouri probate divisions require use of specific forms; 3) special service of process rule; 4) jurisdiction issues raised by the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA, passed in the 2011 legislative session); 5) appointment of counsel for respondent; 6) court-ordered evaluations; 7) notice of hearing; 8) conduct of hearing; 9) surety bond issues; 10) issuance of letters; and 11) special rules regarding appeals. 

Thursday, October 18
3:10 – 4 p.m.
1.0 MCLE Hour


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

 

Presenters:
Hon. Daniel P. Wheeler16th Judicial Circuit, Kansas City
Elizabeth D. McCarter, Dunlop & McCarter, St. Louis
Hon. Karl A. DeMarce1st Judicial Circuit, Memphis


Navigating the Risks: Common Ethical Issues in Estate Planning 

 
Representing estate planning clients who may not fully understand the scope and implications of your representation can be an ethical minefield. The presenters of this program will discuss the ethical rules and guidelines that impact the representation of incapacitated clients as well as some practical scenarios that require the close consideration of those rules and guidelines.
Thursday, October 18
4:10 – 5 p.m.
1.0 MCLE Hour, including 1.0 Ethics hour

Presenters:
John R. Gunn, The Gunn Law Firm, P.C., St. Louis
Christina Lewis Abate, The Bar Plan, St. Louis

 


Contemporary Estate Planning for a Troubled Economy: Asset Protection from Creditors and Predators 


This program will provide a review of federal and state legislative changes, including the impact of congressional action (or inaction) relating to federal estate, gift and generation-skipping taxes within the 2010 Tax Relief Act (expires in 2013); qualified spousal trusts – TBE property; trust protector – modifying irrevocable trusts; trust decanting – modifying discretionary trusts; and issues in marital dissolution relating to trusts and trustees and the effects of dissolution upon an estate plan.

Friday, October 19
8:30 – 9:20 a.m.
 
1.0 MCLE Hour

Moderator:
Micah D. Hall, The Hall Law Firm, LLC, St. Louis


Presenter:
Michael E. Magliari, Michael E. Magliari, P.C., Chesterfield


Roles, Responsibilities and Loyalties: Litigation Planning and Trustee Fiduciary Duties  


This presentation focuses on recommended actions and conduct by a responsible and prudent trustee. As the fiduciary encounters potential or actual conflicts among beneficiaries or between the beneficiaries and the trustee, there are steps that may minimize or eliminate loss or exposure. Through a comprehensive case study, these experienced practitioners will explore pitfalls and potential solutions encountered by the trustee as well as the expanding role of trustee protectors in trust administration and dispute management.

Friday, October 19
9:30 – 10:20 a.m.
 
1.0 MCLE Hour

Moderator:
John M. Challis, Polsinelli Shughart, PC, St. Louis

Presenters:
T. Jack Challis, Polsinelli Shughart, PC, St. Louis
Mike W. Bartolacci, Thompson Coburn, LLP, St. Louis