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KCEPS AGENDA

Kansas City Estate Planning Symposium
Thursday-Friday, April 26-27, 2012
Overland Park Convention Center
6000 College Blvd.
Overland Park, KS 66211

Thursday, April 26, 2012

7:30 AM Registration and Continental breakfast
8:30 AM Welcome and Introductory Remarks
8:30 AM

Mending Problem Wealth Transfer Strategies
GRATS, installment sales and QPRTs often transfer wealth in a tax-effcient manner.
Sometimes, they may not yield the expected results. Unsuccessful economic
performance, changes in circumstances, or drafting errors - these events may require
an “exit” strategy. This program discusses various exit strategies and planning for an
exit strategy before problems arise.

John F. Bergner • Winstead PC • Dallas, TXJohn F. Bergner • Winstead PC • Dallas, TX
Mr. Bergner has been with Winstead PC for more than 25 years and serves as chairman of the wealth preservation practice group. He is a visiting adjunct professor at the University of Miami Law School. He earned a B.B.A. and J.D. from Washburn University and an M.L.T. from Georgetown University Law Center.

9:20 AM Use of Irrevocable Income-Only Trusts in Elder Law Planning Yes, You can Have Your Cake and Eat It Too
One of the most valuable tools in the arsenal of the elder law attorney is the
income-only trust. Mr. Krooks will discuss the types of clients for whom this trust is most appropriate. In addition, he will examine the pertinent provisions of properly drafted income-only trusts.

Bernard A. Krooks • Littman Krooks LLP • New York, New YorkBernard A. Krooks • Littman Krooks LLP • New York, New York
Mr. Krooks is a founding partner of the law firm Littman Krooks LLP and Chair of its Elder Law and Special Needs Department. Mr. Krooks is past Chair of the Elder Law Section of the New York State Bar Association (NYSBA) and past Editor-in-Chief of the Elder Law Attorney, the newsletter of the NYSBA Elder Law Section. He is Past President of the National Academy of Elder law Attorneys (NAELA) and the Special Needs Alliance.

10:10 AM Refreshment Break
10:30 AM Recent Developments in Estate and Gift Tax, Estate Planning and Estate
and Trust Administration

This presentation will be a review of recent legislation, cases, and regulatory developments with respect to estate tax, gift tax, and generation-skipping tax. Among the areas to be covered are planning under the 2010 Tax Act, the marital deduction, gifts, valuation, the use of family limited partnerships and limited liability companies, insurance, charitable giving, the generation-skipping tax and fiduciary income tax.

Charles D. “Skip” Fox IV • McGuireWoods LLP• Charlottesville, VirginiaCharles D. “Skip” Fox IV • McGuireWoods LLP• Charlottesville, Virginia
Charles D. “Skip” Fox IV is a partner in the Charlottesville, Virginia office of McGuire Woods LLP and head of the firm’s Private Wealth Services Industry Group.

11:20 AM Estate Law in the Virtual World
This program investigates the problems, risks and challenges in the transformation of estate law from its age old paper world into the digital cloud, with a focus on the new world of digital assets and the prospect of fully digital wills and other instruments.

Richard E. Warner • Law Offices of Richard E. Warner, P.A. • Marathon, FloridaRichard E. Warner • Law Offices of Richard E. Warner, P.A. • Marathon, Florida
Richard E. Warner is the sole shareholder of Richard E. Warner P.A. in Marathon. Since 2008, he has served on the CCH Tax Advisory Committee for Commerce Clearing House Publications and in 2010 was appointed as Court Magistrate for the 16th Judicial Circuit for Monroe County, Florida. He has also served as lay pastor and officer at three Lutheran churches in South Florida and the Keys.

12:10 PM

Lunch Break (included in registration)
Sponsored by The Private Client Reserve of US Bank
12:45 PM Luncheon Presentation: Celebrity Estate Planning Disasters
This lunch break presentation surveys Celebrity Estate Planning Disasters focusing on the repetitive estate administrative messes caused by the high and mighty deceased who should have known better.

Richard E. Warner • Law Offices of Richard E. Warner, P.A. • Marathon, Florida

1:15 PM Break
1:30 PM Opportunities and Obstacles in Trust Decanting
Just a few short years ago, “decanting” was a mysterious and obscure concept in
most of the estate planning world. Today, it is rapidly becoming mainstream. This
presentation will examine when to consider decanting, how to do it and what the
consequences are – with a special emphasis on the new Missouri statute.

Charles A. “Clary” Redd is Vice Chairman of the trusts and estates practice at the law firm of SNR Denton US LLP and conducts his practice primarily from the firm’s St. Louis, Missouri office.Charles A. “Clary” Redd • Stinson Morrison Hecker LLP • St. Louis, Missouri
Charles A. (“Clary”) Redd is a partner in the Tax, Trusts and Estates Division at the law firm of Stinson Morrison Hecker LLP and conducts his practice primarily from the firm’s St. Louis, Missouri office. Clary is a Regent and Fellow of the American College of Trust and Estate Counsel, an Elected Member of the American Law Institute and an adjunct professor of law at Northwestern University School of Law.

2:20 PM A Lawyer’s Role in Trust-Owned Life Insurance
This presentation will include: practical steps to take in communicating to the settlor-insured proper administration of trust-owned life insurance; trends toward greater third party (lawyer) liability due to relaxation of privity in most states, the impact of the UPIA and the Cochran case, policyholder and carrier perspectives on new product design, state responses to the UPIA for trust-owned life insurance and other related issues.

Melvin A. Warshaw • Financial Architects Partners • Boston, MassachusettsMelvin A. Warshaw • Financial Architects Partners • Boston, Massachusetts
Mr. Warshaw is currently the General Counsel of Financial Architects Partners, LLC, a Boston-based national life insurance boutique firm that focuses on life insurance port folios for wealthy families. He is the Chair of the American Bar Association Task Force on Policy Valuation and is a member of the editorial board of Trusts & Estates magazine.

3:10 PM Refreshment Break
BryanMark Financial Group Inc.
3:00 PM
User-Friendly Will and Trust Drafting
Drafting wills and trusts that people (as distinguished from lawyers) can read and understand.

Professor Stanley M. Johanson • Professor of Law, School of Law The University of Texasat Austin • Ausin, TexasProfessor Stanley M. Johanson • Professor of Law, School of Law The University of Texasat Austin • Ausin, Texas
Stanley M. Johanson is the James A. Elkins Centennial Chair in Law and the University Distinguished Teaching Professor at the University of Texas School of Law. He is the author of Wills, Trusts and Estates (7th ed.2005), which is used at over 120 law schools. He is also the author of Gilbert’s Law Summary on Wills (2010).

4:30 PM Adjourn and Cocktail Reception
Sponsored by The Midwest Trust Company
   

Friday, April 27, 2012

8:00 AM Registration and Continental Breakfast
8:20 AM Welcome and Introductory Remarks
8:30 AM Trust and Estate Litigation
This session will be a review of the major sources of trust and estate litigation, with
practical suggestions for avoiding disputes and improving the chances of winning the disputes that cannot be avoided.

Randall W. Roth • Randall W. Roth • Regents’ Excellence in Teaching Award, Robert W. Clopton Distinguished Community Service Award, University of Hawaii at Mãnoa,William S. Richardson School of Law • Honolulu, HIRandall W. Roth • Randall W. Roth • Regents’ Excellence in Teaching Award, Robert W. Clopton Distinguished Community Service Award, University of Hawaii at Mãnoa,William S. Richardson School of Law • Honolulu, HI
Randall W. Roth is a professor at the University of Hawaii Law School, an academic fellow of the American College of Trusts and Estates Counsel, and associate reporter for the Restatement (Third) of the Law of Trusts. He has served as President of the Hawaii State Bar Association, and has been named Professor of the Year at three different law schools.

9:20 AM How to Be Creative, Protective, Pensive, and Value Added in Our Recommendations to Clients as to Increased Gifting for 2012
This topic will explore thoughtful gifting for 2012, both in terms of discussing the possible clawback of part of the $5 million lifetime gifting credit if used; and if the laws were to change, strategies (new and old) to use for gifting, and client attitudes as to the substantial increase in lifetime gifting credit and how they perceive the opportunity.

Louis S. Harrison • Harrison & Held, LLP • Chicago, IllinoisLouis S. Harrison • Harrison & Held, LLP • Chicago, Illinois
Louis Harrison is the Illinois State Chair of the American College of Trusts and Estate Counsel and has been an adjunct professor at Northwestern University School of Law, DePaul University College of Law and Chicago-Kent College of Law. He has chaired the Estate and Gift Tax Committee of the Chicago Bar Association. Before joining Harrison & Held, LLP, Lou was the partner in charge of the Lord, Bissell & Brook Wealth Preservation Group.

10:10 AM Refreshment Break
10:30 AM Estate Planning Issues With Intra-Family Loans and Notes
Transactions with intra-family loans are quite popular in light of the extremely low
interest rates. A wide variety of issues will be addressed including estate planning
opportunities with low-interest intra-family loans, issues associated with notes, income tax issues associated with gifts of notes, and significant income tax traps for installment notes under the installment sales rules.

Stephen R. Akers • Bessemer Trust Company • Dallas, TexasStephen R. Akers • Bessemer Trust Company • Dallas, Texas
Stephen R. Akers is Managing Director and Associate Fiduciary Counsel, Bessemer Trust Company, N.A. in Dallas, Texas. Mr. Akers is a member of the Advisory Committee to the University of Miami Philip E. Heckerling Institute on Estate Planning, and a Fellow of the American College of Trust and Estate Counsel.

 

10:30 AM Successful Strategies for Weaving Charitable Planning into Financial and
Estate Planning

Ms. Krause will present successful gift planning strategies gleaned from interviews
conducted with 20 seasoned sophisticated gift planning professionals from around the country. The observations and insights of these professionals will provide a window into the challenges and successes of working with clients who consider charitable contributions within their overall financial and estate plans.

Cynthia W. Krause • Vice President, Gift Planning, Baylor Health Care System Foundation • Dallas, TexasCynthia W. Krause • Vice President, Gift Planning, Baylor Health Care System Foundation • Dallas, Texas
Cynthia Krause has worked in the field of charitable gift planning with nonprofit organizations, individuals, families and family foundations for 25 years. Ms. Krause has served on the faculty of The College of William & Mary National Planned Giving Institute and is a former member of the board of directors of the National Committee on Planned Giving.

12:10 AM Lunch Break (included in registration)
Sponsored by Northern Trust Company Special Recognition will be given to the winners of the 2012 Kansas City Estate Planning Symposium Prize.
1:00 PM Billing in a Pareto Optimal World: Creative Practice Management Techniques to Match Excellent Estate Planning with the Client’s Willingness to Pay for Services
Billing is not one of the first tasks we look forward to upon starting the day. But understanding how to do it right will make it a favored task, and a profitable one. There are rules as to what to do, and what not to do, in the billing world. This presentation will explore practical steps to make your billing life as excellent as your estate planning world.

Louis S. Harrison • Harrison & Held, LLP • Chicago, IllinoisLouis S. Harrison • Harrison & Held, LLP • Chicago, Illinois

1:50 PM Conflicts of Interest in Family Business Succession Planning
Advisors to family business owners face numerous conflict of interest issues, including multi-generation planning, owners who do not agree on the planning, owners who think you represent them and representation of an elderly owner who is losing capacity. This topic will address specific problem areas and will present suggested ways to deal with each one.

Eric A. Manterfield • Krieg DeVault LLP • Indianapolis, IndianaEric A. Manterfield • Krieg DeVault LLP • Indianapolis, Indiana
Eric A. Manterfield is a partner in Krieg DeVault LLP. In 2009, Worth magazine named him among the top 100 estate planning attorneys in the U.S. He authored Critical Elements of Estate Planning With Forms, Fourth Edition (2009).

2:40 PM Refreshment Break
2:55 PM IRA Distributions and Rollovers – Integrating Estate Planning and Income Tax
Planning
Following a review of the ground rules for required lifetime and testamentary distributions from retirement plans, this session will illustrate the impact that those rules have on different beneficiaries: elderly, younger, and youngest.

Christopher R. Hoyt • Professor of Law, University of Missouri – Kansas City School of Law • Kansas City, MissouriChristopher R. Hoyt • Professor of Law, University of Missouri – Kansas City School of Law • Kansas City, Missouri
Professor Hoyt teaches courses in the areas of federal taxation, business organizations, retirement plans and tax-exempt organizations. He is currently the chair of the American Bar Association’s Committee on Lifetime and Testamentary Charitable Gift Planning (Section of Probate and Trust) and serves on the editorial boadr of Trusts and Estates magazine

3:45 PM A Portable Guide to the Portability Election: Everything You Wanted to Know
About Portability and 45 Minutes More
Professor Donaldson returns for a fourth consecutive year with a topic guaranteed to
be of interest!

Samuel A. Donaldson • Associate Dean and Professor, University of Washington School of Law, Seattle • Seattle, WashingtonSamuel A. Donaldson • Associate Dean and Professor, University of Washington School of Law, Seattle • Seattle, Washington
Samuel A. Donaldson is an Associate Dean, Professor and Director of the Graduate
Program in Taxation at the University of Washington School of Law. He is a three-time recipient of the Philip A. Trautman Professor of the Year award from the School of Law’s Student Bar Association.

4:50 PM Closing Remarks and Final Announcements
5:00 PM Adjourn