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2016 Probate & Estate Planning Conference for Tennessee Attorneys - Materials Only

2016 Probate & Estate Planning Conference for Tennessee Attorneys - Materials Only

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2016 Probate & Estate Planning Conference for Tennessee Attorneys - Materials Only

Held at the Nashville School of Law
Thursday and Friday, December 8-9, 2016 

Order your materials today from this information-packed event!



This two-day seminar offered an insider’s perspective on the most significant recent developments in Tennessee probate and estate planning law. 

Highlights:

  • Use of various trusts as estate planning tools 
  • Tips for drafting wills in 2016 
  • Trust drafting tips with samples 
  • Duties and liabilities of fiduciaries 
  • Structuring marital agreements to deal with estate planning issues 
  • What to look for in reviewing existing estate plans 
  • Business succession planning 
  • Qualifying for TennCare 
  • Alternatives to full probate administration 
  • Planning for a client’s long-term care 
  • Tips for probating a will and administering estates 
  • Planning for digital assets 
  • Probate litigation case law and legislative update 
  • Ethical issues facing trust and estate planning attorneys 
  • Ethics in elder care 


10 reasons your colleagues attended this seminar:

  • Outstanding faculty. You’ll hear from leading attorneys in estate planning and probate practice from across the state in Tennessee.
  • Tips on estate planning. You’ll receive valuable tips in planning with trusts, including those that can be used in drafting GDOTs, GRATs, and QPRTs.
  • Tips on will drafting. You’ll get tips on drafting wills in 2016 and beyond.
  • Probate practice. Gain valuable information to use when probating a will or administering an estate, including information on how to determine the elective share estate and homestead allowance.
  • Practical information. You’ll get practical information you can put to use in your practice immediately, including what to look for in reviewing a client’s existing estate plan, the interaction between estate planning and family law, and the latest on planning for digital assets.
  • Business succession planning. Learn how to minimize the tax burden when transferring ownership of a business.
  • Elder law. You’ll get information on qualifying for TennCare and helping clients with their long-term advance planning issues.
  • Ethical considerations. You’ll gain valuable insights on how to handle difficult-to-resolve dilemmas faced in an elder law, trust and estate planning practice.
  • Update. You’ll get an update on probate litigation case law and legislation.


December Faculty:

  • William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell PLC, Jackson
  • Rebecca Blair, The Blair Law Firm, Brentwood
  • David Callahan, Goodman Callahan & Blackstone, PLLC, Nashville
  • Harlan Dodson, Dodson, Parker, Behm & Capparella P.C., Nashville
  • Donald J. Farinato, Hodges, Doughty & Carson, PLLC, Knoxville
  • Glen Kyle, Monica Franklin & Associates, LLC, Knoxville
  • Ralph Levy, Jr., Dickinson Wright PLLC, Nashville
  • Carla Lovell, Sherrard Roe Voigt & Harbison, PLC, Nashville
  • Hunter R. Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville
  • Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville
  • Julie Travis Moss, The Blair Law Firm, Brentwood
  • Michelle Poss, Sobel, Poss & Moore, Nashville
  • Timothy L. Takacs, CELA, Elder Law Practice of Timothy L. Takacs, Hendersonville
  • M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor & Matthews, PLC, Memphis

 

Your Faculty

 

Will BellWilliam (Will) Bell, Jr., of Rainey, Kizer, Reviere & Bell PLC in Jackson, concentrates his practice in the areas of business and real estate transactions, commercial bank lending, estate planning, and probate and commercial litigation. Mr. Bell has been involved in numerous commercial real estate and commercial banking transactions totaling in the hundreds of millions of dollars. He has worked with thousands of clients in estate, financial, and business planning matters including preparation of wills and trusts, gift planning, and business succession planning. In the area of estate administration, he has been the attorney for hundreds of estates/trusts. In the area of commercial litigation, Mr. Bell was involved in numerous cases, one of which recovered over $1,400,000 for two well-known charitable organizations in estate litigation. He is listed in Best Lawyers of America® and has been listed in Mid-South Super Lawyers since 2005.

 

Rebecca BlairRebecca Blair, founder of The Blair Law Firm in Brentwood, has developed an immensely diverse practice in 17 years. She has substantial experience in many aspects of civil litigation, including tort law, insurance coverage litigation, business litigation, and probate litigation. She is listed as a Rule 31 General Civil mediator. She was voted one of the Top 50 Women Lawyers in the Mid-South in 2012 by Mid-South Super Lawyers/Memphis Magazine. She was also elected to Best Lawyers in America® in 2012 for her work in Business Litigation. Ms. Blair has been elected by her peers as a Mid-South Super Lawyer in the area of Plaintiff’s Personal Injury Litigation every year since 2009. She is a past president of the Tennessee Lawyers’ Association for Women, a past board member of the Nashville Bar Association and a past chair of the Bench Bar Committee of the Tennessee Judicial Conference.

 

David CallahanDavid Callahan is a founding member of Goodman Callahan & Blackstone, PLLC in Nashville and is dedicated to providing tax, will, probate, and estate planning services to his clients. Prior to starting Goodman Callahan & Blackstone PLLC, Mr. Callahan was the founding attorney of its predecessor – Callahan Witherington PLLC. Preceding his ventures in his own practice, Mr. Callahan was an associate with the large regional law firm of Adams and Reese. During his time with Adams and Reese, he was responsible for all probate and probate-related litigation in the Nashville office. While working for Adams and Reese, Mr. Callahan obtained his Masters of Taxation from the University of Alabama, which allowed him the opportunity to evolve his practice from one focused solely on probate and related matters into one that encapsulated all connected matters including complex estate planning. He has been recognized by Mid-South Super Lawyers as a “Rising Star,” as well as one of the Nashville Post’s Future Law Leaders.

 

Michael DaleMichael W. Dale, with Harvill Ross Hogan and Ragland in Clarksville, practices in the areas of estate planning, probate, taxation, and business law. He represents taxpayers before the Internal Revenue Service in tax cases, drafts wills and trusts tailored to meet the individual needs of clients assists clients in planning for disability and provides legal services for business information and general corporate matters. A graduate of Millsaps College and Duke University Divinity School, Mr. Dale received his JD from the University of Mississippi School of Law in 2002, where he was a member of the Moot Court Board and the A Journal of National Security Law. After law school, he obtained his Master of Laws (L.L.M.) in Taxation from Boston University School of Law.

 

Harlan DodsonHarlan Dodson, with Dodson Parker Behm and Capparella PC in Nashville, has been helping people and businesses solve problems and plan for the future for more than 40 years. Clients seeking general business advice, estate planning services, or representation in litigation count on his vast experience and track record of getting the job done. Mr. Dodson provides hands-on guidance for his clients, whether working with them to launch a business, structure a complex real estate deal, or draft a will. Upon graduation from Vanderbilt University, he joined his father’s firm, Hooker, Keeble, Dodson & Harris. In 1985, he founded Dodson & Associates, and the firm merged with Shipley & Behm in 1988. He is a frequent speaker and writer on business entities, and especially limited liability companies, as well as on wills and estate planning. He has taught Estate Planning at the Nashville School of Law since 1975, where he was presented with the Distinguished Faculty Award in 2007. He has also served as Adjunct Professor of Law at Vanderbilt University. He is the editor to the West Publishing Company’s Tennessee Practice Series volumes on business formation and estate planning. Additionally, he continues to be a lecturer for the bar review company BAR-BRI on wills and estates. He is the author of Introduction to Estate Planning and Administration in Tennessee, the definitive textbook on the subject matter.

 

Donald FarinatoDonald J. Farinato, with Hodges Doughty & Carson, PLLC, in Knoxville, has been practicing law for more than 15 years, and his practice focuses on the administration of all types of estates and trusts. He represents beneficiaries and fiduciaries in routine probate matters, as well as in complex probate proceedings and in estate controversies. He builds on his administration expertise to help clients craft individualized estate plans through wills, trusts, powers of attorney, living wills, advance care plans, and other estate planning documents and techniques. He works with families and courts in conservatorship and guardianship matters, and also assists individuals with wealth transfer tax return preparation and audits. He also provides legal advice to businesses for various formation and operational matters. Mr. Farinato frequently lectures on various estate planning, estate administration and related topics, including ethics in estate planning and revisions to tax laws. He has spoken at seminars produced by various organizations, including the Knoxville Bar Association, the Tennessee Bar Association, Tennessee Attorneys Memo, and the Knoxville Estate Planning Council. In addition to presenting seminars to attorneys, he also presents seminars to non-attorneys, financial advisors, paralegals and civic organizations.

 

Glen KyleGlen Kyle, elder law attorney with Monica Franklin & Associates in Knoxville, concentrates his practice in the areas of life care planning, estate planning, and probate and trust administration. Before attending law school, he traveled extensively in Europe and lived in Edinburgh, Scotland. He earned a bachelor’s degree in History from Rutgers University in 2005. He then worked  in retail banking for nine years, during which time he developed strong relationships with older adults in the Murfreesboro community. Throughout his banking career, Mr. Kyle saw the need for our society to protect older adults from financial exploitation. These experiences led him to earn a law degree from the only Tennessee University with an Elder Law Clinic – the University of Memphis Cecil C. Humphreys School of Law. Through the Elder Law Clinic and elder law classes, Mr. Kyle graduated with a working knowledge of estate planning, Medicaid, and Medicare. In addition to being an honor student, Mr. Kyle was  elected by peers and professors to be the Business Editor of the Memphis Law Review. He is a member of the National Academy of Elder Law Attorneys, the Knoxville Estate Planning Council, the Society of Financial Service Professionals, the Knoxville Bar Association, and the Tennessee Bar Association.

 

Ralph Levy, Jr.Ralph Levy, Jr., Of Counsel with Dickinson Wright PLLC in Nashville, concentrates his practice in the areas of corporate law, corporate governance, emerging business, estate planning and administration, healthcare, mergers and acquisitions, and taxation. Prior to joining Dickinson Wright, Mr. Levy was in private practice in Nashville for more than 35 years, except for a 10-year period as General Counsel, Executive Vice President and Secretary of Gambro Healthcare, Inc., a national provider of dialysis services.Mr. Levy has assisted owners of dialysis clinics in dispositions to national dialysis providers (straight sales and joint venture dispositions). He has negotiated medical director service agreements on behalf of nephrology groups with national dialysis providers and on behalf of owners of dialysis clinics with nephrologists and/or nephrology groups. Mr. Levy has also assisted a regional provider of therapeutic foster care and family based and other services for developmentally disabled persons in several transactions involving the acquisition of and/or provision of management and administrative services to other providers of similar services. He has assisted a closely held provider of non-fossil fuel power generation services in entity formation, development of template agreements for the sale and/or lease of generators for the production of power and in the financing-related documents needed as to financing of the company. He has advised a nationally recognized provider of pet grooming services in developing and implementing its business plan to provide high quality pet grooming services and retail sales of pet-related products from leased and franchise locations inside a major retailer and over the web. He is listed in InCharge Healthcare (2015 edition) Who's Who in Nashville's Medical Community, Nashville Medical News.

 

Carla LovellCarla Lovell, with Sherrard Roe Voigt & Harbison, PLC, Nashville, concentrates her practice in the areas of estate and trust planning, related business and tax matters, charitable planning, estate administration, and advising fiduciaries with respect to trust and estate administration issues. She received her J.D. degree from Vanderbilt University in 1988. She received a bachelor’s degree with highest honors from the University of Tennessee at Knoxville in 1985, where she was a member of Phi Beta Kappa. She is a member of the American, Tennessee and Nashville Bar Associations and is a member of the Probate Court, Estate Planning and Tax committees of the Nashville Bar Association. She is a Fellow of the Nashville Bar Foundation, a member of the Tennessee Probate Study Group of the Tennessee Bar Association, and a lecturer to professional groups on trust & estate topics. She is also a Certified Public Accountant (inactive).

 

Barbara Boone McGinnisBarbara Boone McGinnis, with the Elder Law Practice of Timothy L. Takacs in Hendersonville, provides legal expertise on a wide range of client issues with a focus on Medicaid appeals, Veterans benefits appeals and probate matters. Before receiving her license to practice law in Tennessee, Ms. McGinnis spent more than 20 years as a Registered Nurse and Gerontological Nurse Practitioner working in a variety of settings. She spent seven years at Amedisys Home Heath, Inc. where she worked in business development. While at Amedisys, she also worked as Director of Training and Development, and locally as a Wound Program Manager. As a certified wound care specialist, she has worked for The Surgical Clinic and Baptist Hospital Wound Care Center as well as an independent nurse consultant focusing on wound care and regulatory compliance in long-term care settings. For more than nine years she was the Director of Nursing Services at McKendree Village in Hermitage. Her passion for helping people deal with the changes that aging brings extends beyond her clinical experience. Her father had Alzheimer’s Disease for more than eight years before he passed away and she helped her mother care for him and deal with difficult decisions. Ms. McGinnis holds a Bachelor of Science degree in nursing from Austin Peay State University, a Master’s degree as a Gerontological Nurse Practitioner from Vanderbilt University, and a J.D. degree from the Nashville School of Law.

 

Hunter MobleyHunter R. Mobley is Of Counsel at Howard Mobley Hayes & Gontarek PLLC and concentrates his practice in the areas of estate planning, estate administration and charitable organization law. In addition to estate planning for individuals and families, he advises churches, non-profits, and foundations in connection with tax planning, tax disputes and organizational governance. He is an adjunct professor at Belmont University’s College of Law. He frequently speaks on issues related to estate planning and charitable planning. He received an LL.M in Taxation from New York University, a J.D. from the University of Kentucky and a B.S. from Davidson College.

 

Jeff MobleyJeff Mobley, a member of Howard Mobley Hayes & Gontarek PLLC in Nashville, concentrates his practice in the areas of estate planning, tax planning for estates and trusts, business succession planning, prenuptial and postnuptial agreements, estate administration, resolution of disputes involving estates, and related real estate matters. He is certified as an Estate Planning Specialist. He is listed in Best Lawyers in America® (2001-2014 editions) and Mid-South Super Lawyers (2005-2013 editions). He is a Fellow in the American College of Trust and Estate Counsel. He has served as President of the Nashville Estate Planning Council and as Chair of the Probate Court Committee of the Nashville Bar Association, and currently serves on the Board of Directors of the Nashville Bar Association. He is a co-author of Pritchard on the Laws of Wills and Administration of Estates(7th Ed. 2009). He is an adjunct professor at Belmont University’s College of Law.

 

Julie Travis MossJulie Travis Moss is Of Counsel with The Blair Law Firm in Brentwood. She has more than 17 years of diverse legal experience. Her practice focuses on estate and trust administration, estate planning, guardianships and conservatorships and related litigation. Before moving to Tennessee in 2010, Ms. Moss practiced in her home state of Michigan where her general law practice included estate planning and administration, real estate, business planning and family law. Ms. Moss has taught legal writing at Vanderbilt Law School since 2013.

 

Michelle PossMichelle Poss, with Sobel, Poss & Moore in Nashville, focuses her practice in areas of elder law and probate. She received her JD from the Nashville School of Law in 1998 and practiced with Finch & McBroom for almost 6 years. She joined Sobel, Poss & Moore in September 2004.

 

 

Tim TakacsTim Takacs, with the Elder Law Practice of Timothy L. Takacs, joined three other lawyers to open a general practice in Hendersonville in 1980. He is certified as an elder law attorney by the National Elder Law Foundation and as a Certified Elder Law Specialist. He helped found the Life Care Planning Law Firms Association (LCPLFA) and was the LCPLFA’s first president. He has been a member of the National Academy of Elder Law Attorneys (NAELA) since 1991 and served on NAELA’s board of directors. He is a charter member of the Special Needs Alliance. In 2000, he founded The Tennessee Pooled Trust. He is the founder of The NAELA eBulletin. He wrote Elder Law Practice in Tennessee and A Guide to Elder Law Practice, both published by LEXIS Law Publishing.

 

Matthew ThortonMatthew Thornton, with Bourland, Heflin, Alvarez, Minor & Matthews PLC in Memphis, concentrates his practice of law in the areas of probate and estate law and residential real estate. In addition, drawing upon his generalist experience and mediation training, Mr. Thornton is a Tennessee Supreme Court Rule 31 Listed Mediator. He has successfully represented clients in negotiating disputes and in arbitration and civil trials when negotiation fails to achieve the desired client results. He serves on the Executive Council of the Tennessee Bar Association’s Estate Planning & Probate Section and its legislative subcommittee, where he has been an active participant in the shaping of new developments relating to estate law.

 

December Agenda

Thursday, December 8 (Day 1)

Planning Opportunities & Challenges 
8:00 a.m. to 9:00 a.m. 
Harlan Dodson 
Dodson, Parker, Behm & Capparella, PC 

Mr. Dodson will offer tips and strategies for drafting wills in 2016 and beyond. 

Estate Planning with Trusts in Tennessee 
9:00 a.m. to 10:30 a.m. 
Jeff Mobley & Hunter Mobley 
Howard Mobley Hayes & Gontarek, PLLC 

Trusts are powerful tools that can be used to achieve specific estate planning goals, regardless of the size of your client’s estate. Over the past several years Tennessee has enacted cutting-edge legislation regarding Tennessee trust laws. This presentation will discuss these legislative changes and the use of trusts in estate planning. 

Morning Break 
10:30 a.m. to 10:45 a.m. 

Trusts Used for Tax Reduction: Drafting Tips 
10:45 a.m. to 12:15 p.m. 
Ralph Levy, Jr. 
Dickinson Wright PLLC, Nashville 

  • Irrevocable life insurance trusts 
  • Charitable remainder trusts 
  • Qualified domestic trusts 
  • Qualified personal residence trusts 
  • Defective trusts 
  • Education trusts for children and grandchildren 
  • Generation skipping trusts 


Lunch (included with registration) 
12:15 p.m. to 1:15 p.m. 

TennCare: Qualifying for Nursing Home Care and In-Home Services 
1:15 p.m. to 2:15 p.m. 
Timothy L. Takacs 
Elder Law Practice of Timothy L. Takacs 

  • Eligibility requirements 
  • Relevant Affordable Care Act provisions 
  • Qualifying an institutionalized spouse 
  • Transfer of assets 
  • Real estate, promissory notes, mortgages, annuities, and other special assets 
  • Estate recovery 
  • The application process 
  • Post-eligibility: Helping the client maintain eligibility through redetermination and changes 
  • Appeals and judicial review 


Ethics in Elder Care 
2:15 p.m. to 3:45 p.m. 
Michelle Poss 
Sobel, Poss & Moore 

  • How Rules of Professional Conduct apply 
  • Who is your client? 
  • Conflicts of interest 
  • Mental capacity of the client 
  • Using a care manager to enhance service to clients 


Afternoon Break 
3:45 p.m. to 4:00 p.m. 

Probate Practice and Other Issues 
4:00 p.m. to 5:00 p.m. 
David Callahan 
Goodman Callahan & Blackstone, PLLC 

  • How to prepare for probate court 
  • Small estates 
  • Basic principles for trying a conservatorship case 
  • Opening up and administering the intestate estate 
  • Handling a testate estate 

 


 

Friday, December 9 (Day 2)

Probate Litigation Case Law and Legislative Update 
8:00 a.m. to 9:00 a.m. 
Rebecca Blair 
The Blair Law Firm 

Ms. Blair will walk you through some of the most significant cases and legislative changes from the past year. 

Ethical Issues Facing Trust & Estate Planning Attorneys Today 
9:00 a.m. to 10:30 a.m. 
Donald J. Farinato 
Hodges, Doughty & Carson, PLLC 

Mr. Farinato will walk you through many of the most common ethical issues facing trust and estate planning attorneys today, including issues that arise when dealing with conservators and guardians ad litem. 

Morning Break 
10:30 a.m. to 10:45 a.m. 
  
Business Succession Planning 
10:45 a.m. to 11:45 a.m. 
Will Bell 
Rainey, Kizer, Reviere & Bell PLC 

  • When the business is transferred to the beneficiary in full 
  • Buy-sell agreements 
  • Business structure conversion 
  • Minimizing the tax burden in transferring ownership 
  • Business valuation and sale 


Lunch (included with registration) 
11:45 a.m. to 12:45 p.m. 

Elective Share, Homestead, and Alternatives to Full Probate 
12:45 p.m. to 1:45 p.m. 
M. Matthew Thornton 
Bourland, Heflin, Alvarez, Minor & Matthews, PLC

Mr. Thornton will walk you through some alternatives to full probate administration and will offer tips on minimizing the fees and costs that often mount up during the probate of an estate and will show you how to utilize alternatives to opening an estate. You’ll learn about: 

  • Portability rules, claiming unused exemption 
  • Homestead allowance 
  • How to determine the elective share estate 
  • Elective share rights and procedure 


Long-Term Care Advance Planning 
1:45 p.m. to 2:45 p.m. 
Glen Kyle 
Monica Franklin & Associates 

According to the American Health Care Association, nearly half of all Americans will need long-term care at some point in their lives. In fact, one in five over the age of 50 is at a high risk of needing long-term care within the next 12 months. Let Mr. Kyle give you some tips on helping your clients meet their long-term care needs. 

  • Durable power of attorney for financial matters 
  • Health care power of attorney 
  • Special needs trust 
  • Advance medical directives 
  • Living will 
  • “Do not resuscitate” (DNR) orders and organ donation considerations 
  • Emergency medical services (EMS) 
  • Wills and trusts 


Afternoon Break 
2:45 p.m. to 3:00 p.m

The Intersection of Family Law and Estate Planning 
3:00 p.m. to 4:00 p.m. 
Carla Lovell 
Sherrard Roe Voigt & Harbison, PLC

The effects of a divorce can be long lasting and far reaching even affecting areas that you would not immediately think of, like an estate plan. Ms. Lovell will walk you through some of the issues that arise when family law and estate planning issues collide, including: 

  • Structuring marital agreements to deal with estate planning issues 
  • Dispositive provisions of wills and trusts 
  • Beneficiary designations on retirement accounts and life insurance 
  • Joint accounts and joint living trusts 
  • Irrevocable life insurance trusts 
  • Charitable remainder trust 
  • Powers of attorney and health care directives 
  • Role of ex-spouse as representative of minor children under an estate plan 


Client Screening and Intake 
4:00 p.m. to 5:00 p.m. 
Julie Travis Moss 
The Blair Law Firm 

  • Clarifying goals and forecasting needs 
  • Assessing current and future assets and debts 
  • Dealing with family dynamics: Past, Present and Future 
  • What to look for in reviewing existing estate plans 
  • Sample info gathering forms and checklists 
  • Determining your overall estate plan strategy 
    • for an estate subject to estate tax 
    • for an estate potentially subject to estate tax 
    • for an estate not subject to estate tax 

 

 
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