eConference
2023 Estate Planning, Guardianship and Elder Law eConference
Contains material from Sep 2023
2023 Estate Planning, Guardianship and Elder Law eConference
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The Estate Planning, Guardianship and Elder Law Conference presents current developments and practical tips for estate planners and elder law attorneys, offers essential information for guardians ad litem, and provides a must-have set of materials and resources.
PLEASE NOTE: To claim Texas Guardianship Ad Litem credit for the presentations that include guardianship hours, download the guardianship accreditation documentation as you claim your general MCLE credit at the end of this course and submit the affidavit to the State Bar of Texas.
PLEASE NOTE: To claim Texas Guardianship Ad Litem credit for the presentations that include guardianship hours, download the guardianship accreditation documentation as you claim your general MCLE credit at the end of this course and submit the affidavit to the State Bar of Texas.
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Preview Sessions
1.
IRAs In Estate Planning, or Trust Me, I'm an EDB for RMDs After the RBD (Sep 2023)
Dianne Reis
0.50
0.00
0.00
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Session 1 —30 mins
IRAs In Estate Planning, or Trust Me, I'm an EDB for RMDs After the RBD (Sep 2023)
We’ve seen a lot of changes in how IRA’s and retirement plans are taxed after the participant’s death, especially when left in trust. Here’s what you need to know when planning an estate with significant tax-deferred assets.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Dianne Reis,
Attorney at Law - Plano, TX
2.
Legislative Update (Sep 2023)
Lauren Davis Hunt
0.75
0.00
0.00
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Session 2 —47 mins
Legislative Update (Sep 2023)
Update on trust, estate and guardianship legislation passed during the 88th legislative session.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Lauren Davis Hunt,
Osborne, Helman, Scott, Knisely & Stanton L.L.P. - Austin, TX
3.
Medicaid Update (Sep 2023)
H. Clyde Farrell, Marilyn G. Miller
0.75
0.00
0.00
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Session 3 —46 mins
Medicaid Update (Sep 2023)
Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
H. Clyde Farrell,
Farrell & Johnson PLLC - Austin, TX
Marilyn G. Miller,
Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
4.
Drafting for the Trustee in a Challenging Environment (Sep 2023)
Dave Folz, Sarah Patel Pacheco
0.50
0.50
0.00
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Paper
(pdf)
4 pgs
Session 4 —30 mins
Drafting for the Trustee in a Challenging Environment (Sep 2023)
Explore 20 drafting ideas to help the trustee in the administration of a trust and to minimize their liability. The materials include “Trustee Boot Camp: A Checklist for New Trustees.”
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Dave Folz,
Trust Counselor LLC - Dallas, TX
Sarah Patel Pacheco,
Jackson Walker LLP - Houston, TX
5.
Guardianships During Divorce (Sep 2023)
Hon. Guy Herman, Jason S. Scott
0.75
0.00
0.75
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Session 5 —44 mins
Guardianships During Divorce (Sep 2023)
Two of the most difficult legal proceedings a person can go through in life are divorces and guardianships. Explore how to handle the challenges that arise when these two practice areas collide.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Hon. Guy Herman,
Travis County Probate Court #1 - Austin, TX
Jason S. Scott,
Osborne, Helman, Scott, Knisely & Stanton, LLP - Austin, TX
6.
The "Difficult" Clients (Sep 2023)
John B. Henry III
0.50
0.50
0.00
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Session 6 —37 mins
The "Difficult" Clients (Sep 2023)
Explore how to define, spot, course correct and terminate “difficult” clients and client relationships.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
John B. Henry III,
Law Office of John B. Henry, III, PLLC - Bellaire, TX
7.
Alternatives to Guardianship Including Supports and Services (Sep 2023)
Hon. Jason Cox, Nathan Peters
1.00
0.50
1.00
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Slides
(pdf)
5 pgs
Session 7 —64 mins
Alternatives to Guardianship Including Supports and Services (Sep 2023)
An examination and discussion from the perspectives of the bench and in practice on lesser restrictive alternatives and available supports and services in guardianship. Which work? Which do not? And, how, in every case, the answer is, "It depends."
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Hon. Jason Cox,
Harris County Probate Court #3 - Houston, TX
Nathan Peters,
Law Offices of Nathan Peters, PLLC - Denton, TX
8.
Things Every Texas Estate Planner Should Know About Advising New to Texas Clients, Including Transfer of Guardianship from Another State (Sep 2023)
Brian D. Cororve, M. Elizabeth Raxter
0.75
0.00
0.25
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Session 8 —47 mins
Things Every Texas Estate Planner Should Know About Advising New to Texas Clients, Including Transfer of Guardianship from Another State (Sep 2023)
An overview of common issues for Texas Estate Planners to address when working with clients who have moved to Texas from another state, such as identifying tax issues and updating estate planning documents. Also hear a discussion of the steps for transferring a guardianship case from another state, from closing the case in the sending state to acceptance in Texas.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Brian D. Cororve,
Gray Reed - Houston, TX
M. Elizabeth Raxter,
Law Office of Elizabeth Raxter, PLLC - Lockhart, TX
9.
Not So Fast! 7 Steps For Deciding Whether and How To Discuss the Federal Estate Tax Return with the Personal Representative (Sep 2023)
Nikki L. Laing
0.50
0.00
0.00
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Session 9 —29 mins
Not So Fast! 7 Steps For Deciding Whether and How To Discuss the Federal Estate Tax Return with the Personal Representative (Sep 2023)
The federal estate tax return is often not mentioned to the client in the course of a probate attorney’s representation of an executor or administrator of a decedent’s estate. Given such factors as the looming sunset of the current gift and estate tax exemption, the opportunity for portability of a married decedent’s unused exclusion to a surviving spouse, and negative consequences that can result from failing to file a federal estate tax return, this presentation offers some steps for the probate attorney to consider when deciding whether to include a discussion of the federal estate tax return when representing an executor or administrator of a decedent's estate.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Nikki L. Laing,
Godwin Laing, PLLC - Texarkana, TX
10.
What All Estate and Probate Attorneys Need to Know About Medicaid Estate Recovery (Sep 2023)
Jennifer L. Coulter
0.75
0.00
0.00
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Session 10 —40 mins
What All Estate and Probate Attorneys Need to Know About Medicaid Estate Recovery (Sep 2023)
A practical guide to the Medicaid Estate Recovery Program (MERP) in two parts. Address the preplanning techniques estate planners can (and cannot) use to avoid MERP and provide a step-by-step guide for how to defend against a MERP claim in the probate estate of a Medicaid recipient who did not engage in the necessary preplanning.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Jennifer L. Coulter,
Townsend Allala, Coulter & Kludt, PLLC - El Paso, TX
11.
What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting (Sep 2023)
Meredith Ann Sullivan
0.75
0.00
0.00
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Session 11 —47 mins
What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting (Sep 2023)
Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Meredith Ann Sullivan,
Farrell & Johnson PLLC - Austin, TX
12.
Role of the Guardian (Sep 2023)
Hon. Polly Jackson Spencer
1.00
0.50
1.00
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Session 12 —59 mins
Role of the Guardian (Sep 2023)
Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Hon. Polly Jackson Spencer,
Senior Statutory Probate Judge, Retired - San Antonio, TX
13.
Role of the Ad Litem (Sep 2023)
Fatima Breland
1.00
0.50
1.00
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Session 13 —58 mins
Role of the Ad Litem (Sep 2023)
A review of the responsibilities of the attorney ad litem and guardian ad litem in guardianship proceedings with an emphasis on practical application of the statutes, conduct in uncontested and contested proceedings, and pointers on applications for fees.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Fatima Breland,
The Breland Law Firm, PC - Houston, TX
14.
Cribs, Million Dollar Listings, and Property Wars: How Executors can Navigate the Drama of Administering Estates with Real Property (Sep 2023)
T. Aaron Dobbs
0.50
0.00
0.00
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Session 14 —29 mins
Cribs, Million Dollar Listings, and Property Wars: How Executors can Navigate the Drama of Administering Estates with Real Property (Sep 2023)
A review of an executor’s powers and fiduciary duties relating to the administration of real estate in probate proceedings, including the interplay between a beneficiary’s vested ownership interest and an executor’s right of possession, whether a power of sale is really all that powerful, and dealing with a surviving spouse’s homestead rights.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
T. Aaron Dobbs,
Gray Reed & McGraw LLP - Houston, TX
15.
A Decade of Trust Decanting in Texas (Sep 2023)
Jeff Chadwick
0.50
0.00
0.00
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Session 15 —31 mins
A Decade of Trust Decanting in Texas (Sep 2023)
Texas adopted its trust decanting statute in 2013. Ten years (and several amendments) later, practitioners are still grappling with when and how to decant a trust. Hear an overview of trust decanting in Texas, with a specific focus on decanting in response to unanticipated elder law and special needs issues.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Jeff Chadwick,
Winstead PC - The Woodlands, TX
16.
Pooled Trusts for Older Clients (Sep 2023)
Renée C. Lovelace
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Session 16 —31 mins
Pooled Trusts for Older Clients (Sep 2023)
How to find, use, and compare pooled trusts for older clients, including clients planning for themselves, spouses, and other family members. Whether clients have substantial or modest resources, there are a variety of pooled trust strategies to consider suggesting to older clients who are seeking to protect care options throughout the future.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Renée C. Lovelace,
The Lovelace Law Firm, P.C. - Tyler, TX
17.
Accessing and Managing Digital Assets After Death (Sep 2023)
Maite Elorduy, Hailey M. Hanners
0.75
0.00
0.00
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Session 17 —44 mins
Accessing and Managing Digital Assets After Death (Sep 2023)
Gain insight on basic information about digital assets to estate planners and attorneys representing executors or administrators of estates, while also providing practical advice for how to access and manage those assets before and after death.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Maite Elorduy,
Osborne, Helman, Scott, Knisely & Stanton, LLP - Austin, TX
Hailey M. Hanners,
Osborne, Helman, Scott, Knisely & Stanton, LLP - Austin, TX
18.
The Corporate Transparency Act and YES, It Impacts Estate Planners! (Sep 2023)
Matthew K. Behrens
0.50
0.00
0.00
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Session 18 —30 mins
The Corporate Transparency Act and YES, It Impacts Estate Planners! (Sep 2023)
The Corporate Transparency Act of 2020 mandates that certain business entities disclose beneficial ownership information to FinCEN to combat illegal activities such as money laundering, terrorism financing, and tax fraud. Estate planners who use business entities for asset holding or wealth structuring should be aware of the CTA's reporting requirements and possible penalties for noncompliance, as some of these entities may fall under the Act's purview.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Matthew K. Behrens,
Kemp Smith LLP - El Paso, TX
19.
To Fund…or Not to Fund: When Plans Go Awry (Sep 2023)
Paul D. Strug
0.75
0.00
0.00
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Session 19 —44 mins
To Fund…or Not to Fund: When Plans Go Awry (Sep 2023)
What do you do when the original estate planner is frustrated because of actions taken by the testator after execution of his or her will? What if the parties refuse to fund a QTIP (Marital), Credit Shelter (Bypass) Trust or other Testamentary Trust? Hear about the practical, tax, and legal issues the attorney should consider.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Paul D. Strug,
Weycer, Kaplan, Pulaski & Zuber, PC - Houston, TX
20.
Life Settlements: Why Clients Don’t Have to Die or Be Terminally Ill to Get Value from Their Life Insurance (Sep 2023)
Tama Brooks Klosek
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0.00
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Session 20 —44 mins
Life Settlements: Why Clients Don’t Have to Die or Be Terminally Ill to Get Value from Their Life Insurance (Sep 2023)
Gain insight into why clients purchase life insurance and confirm that life insurance is an asset that (i) requires and can benefit from active management as the contract matures, (ii) can be sold similar to other financial assets and (iii) may have a value to the policyowner that is significantly greater than the cash surrender value. Review the various types of insurance commonly used in estate planning, the evolution of universal life insurance that has contributed to the development of the life settlement market, the tax treatment of life settlements should a policy be sold in a life settlement, options for working with a life settlement for clients who need additional funds for retirement and a discussion of trust owned life insurance and how the life settlement option is of particular importance for fiduciaries to understand to avoid potential liability for a policy surrender or lapse.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
Tama Brooks Klosek,
Klosek & Associates PLLC - Houston, TX
21.
Ask the Experts (Sep 2023)
H. Clyde Farrell, John B. Henry III, Marilyn G. Miller, Dianne Reis
1.00
0.25
0.25
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Session 21 —62 mins
Ask the Experts (Sep 2023)
Hear a panel of seasoned experts respond to your frequently—and sometimes infrequently—asked questions, including practice, professional and ethical issues in estate planning, probate, guardianship and elder law. Please submit your questions in advance to ConferenceQA@utcle.org.
Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference
H. Clyde Farrell,
Farrell & Johnson PLLC - Austin, TX
John B. Henry III,
Law Office of John B. Henry, III, PLLC - Bellaire, TX
Marilyn G. Miller,
Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
Dianne Reis,
Attorney at Law - Plano, TX