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6th Annual Probate & Estate Planning Conference for Alabama Attorneys

6th Annual Probate & Estate Planning Conference for Alabama Attorneys - Materials

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6th Annual Probate & Estate Planning Conference for Alabama Attorneys - Materials Only

Held Thursday and Friday, May 19-20, 2016

Order your materials today from this information-packed 2-day event!

The 2016 Probate & Estate Planning Conference for Alabama Attorneys packed two days with Jefferson County Probate Judge Sherri Friday and some of the state’s top estate planning and probate practitioners, who delivered critical guidance on the hottest topics and some of the most complex issues you’ll face. The distinguished faculty explained the very latest developments and strategies, including: 

  • Alabama Uniform Trust Code options for fixing broken trusts 
  • Asset protection in estate planning 
  • Use of special needs trusts 
  • Tips on administration of an estate from a probate judge 
  • Understanding the role of the personal representative 
  • Techniques for avoiding probate 
  • Medicaid planning—how to protect assets from the nursing home 
  • Management of property during probate proceedings 
  • Changes to Alabama's power of attorney law
  • Common issues in litigation and probate 
  • Ensuring a thorough accounting and settlement of the estate 
  • Ethics of representing executors, estate/trust beneficiaries, and trustees

 

Your Conference Leaders

R. David Allen, Jr.R. David Allen: David joined IBERIABANK with over 15 years of experience in the financial services and estate planning fields. He most recently completed 7 years as a practicing attorney in Birmingham where he advised a variety of individual and business clients in developing comprehensive estate/ trust plans, as well as handling cases related to estate/ trust administration, real estate, guardianships, and estate/ trust litigation. Previously, David served as a Trust Officer and Investment Advisor with major financial institutions in Birmingham. David is active in both the Alabama State Bar and the Probate Section of the Birmingham Bar Association. He has also served on the faculty of continuing education programs for attorneys, and has especially enjoyed participating in pro bono will clinics for First Responders, Veterans, and the elderly. David earned a B.A. from Washington & Lee University and his Juris Doctor from the Cumberland School of Law. He is an active member of the Kiwanis Club of Homewood- Mountain Brook, and is a U.S. Army Veteran.

 

 

Melanie BradfordMelanie B. Bradford is a partner with Bradford & Holliman, LLC. Her practice focuses on Estate Planning, Long Term Care Planning, Asset Protection (including trust planning and business entities), Medicaid Planning & Appeals (asset protection, preparing and submitting the Medicaid application, appeals), Retirement Stretch-Out Trusts, Special Needs Trusts, Estate and Gift Tax Planning, Probate matters, and Business Law regarding: Limited Liability Companies, Corporations, Non-Profit Corporations, and Partnerships. Her offices are located in Scottsboro and Pelham. She serves clients in Jackson County, DeKalb County, Madison County, Marshall County, Shelby County, and Jefferson County. She is Executive Director for Alabama Family Trust, a nonprofit 501(c)(3) special needs trust serving children and adults with disabilities. She is a Board member for the Planning Committee for CLE Alabama annual Elder Law Conference. She served as President of the Elder Law Section of the Alabama State Bar in 2010-11.

Jack CarneyJack Carney, with Carney Dye, LLC, in Birmingham, focuses on the areas of wills, estates and general business law. Prior to opening his law practice, he practiced for several years in a large law firm’s estate planning group. Mr. Carney is a member of the Alabama State Bar and the Birmingham Bar Association. He earned his B.A. degree from the University of Alabama and his J.D. degree from Tulane University Law School. Mr. Carney received a chartered life underwriter (CLU) professional designation.

 

John W. CharlesJohn W. Charles is an attorney with the Anderson Law Firm, LLC., in Montgomery, where his areas of practice include, criminal law, estate planning, family law, probate and estate administration, and civil litigation. He is admitted to practice in Alabama and before the U.S. District Court, Middle District of Alabama. Mr. Charles earned his B.A. degree, cum laude, from the University of Alabama at Birmingham and his J.D. degree from Vanderbilt University School of Law.

 

 

Brooke EverleyBrooke Everley, with Everley Law, LLC, in Birmingham, practices in the areas of estate and gift planning, estate and trust administration, and probate, business succession planning, and general business and corporate law. Her estate planning practice includes the preparation of wills, trusts (including life insurance trusts, trusts for minors and revocable trusts), powers of attorney, health care directives and prenuptial agreements. She also assists clients with the administration of trusts and the establishment of guardianships and conservatorships. Ms. Everley focuses her corporate practice on business entity formation and business succession planning for family-owned businesses including the preparation of buy-sell agreements and the use of gifts and sales to transfer assets to future generations. She also assists her clients in connection with the preparation and negotiation of contracts with customers, business partners and employees, as well as with mergers, acquisitions and divestitures. Her corporate clients include those in the lumber industry, residential and commercial real estate, construction, food services, professional services and the nonprofit sector.

 

Judge Sherri Coleman FridayJudge Sherri Coleman Friday is Jefferson County Probate Judge for Place 2 in Birmingham. She graduated from the University of Alabama and Cumberland School of Law at Samford University. Judge Friday practiced law in Jefferson County, Alabama, for 18 years prior to her election as Probate Judge in November, 2006, and her re-election in 2012. Judge Friday hears cases involving adult involuntary commitments, adoptions, probate of wills, guardianships and conservatorships, estate and conservator settlements, condemnations, claims against estates, legitimations, name changes and petitions for sale of real estate. She has dockets at both the Birmingham and Bessemer courthouses. Judge Friday is a member of the Alabama Bar Association, Birmingham Bar Association, the Alabama Probate Judges Association, and the National College of Probate Judges. She received the State of Alabama NAMI (National Alliance on Mental Illness) Judicial Award in 2010 and completed the Law for Probate Judges Course in 2010 at the University of Alabama Law Center through the Alabama Law Institute.

 

Connie GlassConnie Glass is with the Elder Law Firm of Connie Glass, P.C., in Huntsville. The Elder Law Firm is committed to exclusively serving the legal needs of persons over the age of 50. Ms. Glass has had extensive experience in the field of Elder Law, having served as the attorney for the TARCOG Area Agency on Aging for over 10 years prior to establishing the Elder Law Firm. She is certified as an Elder Law Attorney by the National Elder Law Foundation. Prior to serving as Attorney for the Area Agency on Aging, Ms. Glass was on the staff of the University of Alabama Law School, working in the Clinical Law Program and in the Trial Advocacy Program. She received her B.A. in 1978 and her law degree in 1981 from the University of Alabama. She is a charter member of the Alabama State Bar Elder Law Section. She is also a member of the National Elder Law Foundation and the National Academy of Elder Law Attorneys and the Alabama Gerontological Society. She is a frequent speaker to senior and professional organizations on legal issues affecting the elderly.

 

Jennifer GriffinJennifer Q. Griffin is an associate at the law firm of Kendall Maddox and Associates in Birmingham. She is an Accredited Estate Planner (AEP®) accredited by the National Association of Estate Planners & Councils. In 2014, she was appointed by the Governor of Alabama to serve on the Board of the Alabama Family Trust. In 2015, she became a member of The National Advocates: Top 100 Lawyers, an invitation-only professional organization. Her practice is focused in the areas of Medicaid for long-term care, estate planning, trust administration, probate and Veterans Aid and Attendance. Ms. Griffin earned a B.S. degree in accounting, summa cum laude, from Alabama State University. She obtained a J.D. degree from The University of Alabama School of Law. While in law school, she published an article, served as Student Articles Editor of the Law & Psychology Review and was a member of the Bench and Bar Legal Honor Society. Ms. Griffin is a former Chairperson and current member of the Alabama State Bar Association’s Elder Law Section; Treasurer of the Birmingham Bar Association’s Probate Section; member of the Estate Planning Council of Birmingham and an associate member of the American Academy of Estate Planning Attorneys.

 

Bradley LardBradley W. Lard, with Bradley Arant Boult Cummings LLP in Birmingham, is a member of the Trusts and Estates Practice Group in the Birmingham office. Mr. Lard received his B.S., Accounting, from the University of North Alabama and his J.D. from The University of Alabama School of Law. He is a Fellow in the American College of Trust and Estate Counsel (ACTEC), and is currently listed in the “Best Lawyers in America” in the fields of Tax Law and Trusts and Estates. Mr. Lard is also a member of the Alabama Bar Association, Tennessee Bar Association, Birmingham Bar Association, and the American Bar Association. His practice primarily involves estate and trust planning and administration, with an emphasis on the related income, estate, gift and generation-skipping transfer tax issues.

 

Jennifer McEwenJennifer McEwen is an Associate in the Estate Planning, Business Planning and Tax practices at Maynard Cooper & Gale in Birmingham. She helps clients prepare and preserve the long term solidity and value of their personal and professional achievements, in particular the areas of business planning, estate planning and administration, mergers and acquisitions, and tax planning, with an emphasis on wealth preservation and business succession planning. Her extensive experience in the emerging and expanding areas of asset protection and income tax planning for fiduciaries helps her clients identify and achieve goals tailored to their unique objectives. She also provides ongoing representation of emerging and established businesses, assisting clients with formations and choice of entity issues that may arise. Ms. Griffin works to ensure the business and estate planning strategies of her clients mesh seamlessly into a holistic solution that fits their needs. She holds a LL.M. from New York University and received her J.D. magna cum laude from the University of Alabama School of Law. She has a B.A. from Wake Forest University.

 

Jim NaftelJim Naftel is a shareholder at Maynard Cooper & Gale in Birmingham. He focuses his practice in the areas of estate planning (advice, planning, drafting and implementation of wills and trusts); probate (including estate administration, guardianships, and conservatorships); estate administration; and estate litigation. Mr. Naftel received a B.A. from the University of Mississippi summa cum laude in 1994. He received his law degree magna cum laude from the University of Alabama School of Law in 1998. He was the recipient of the Drane Lester Award, Outstanding Undergraduate in English. He was a member of the Order of the Coif and Moot Court Board and was Senior Editor of the Alabama Law Review.

 

Judy ShepuraJudy Shepura, with Dominick Feld Hyde, P.C., in Birmingham,practices in the areas of estate planning and administration, probate law, trust law and special needs and elder law. She enjoys helping families work through difficult situations in ways that preserve their relationships and allow the individual family members as much autonomy as possible. This may arise in the course of probating a will and administering the estate of a deceased family member, or in assisting family members faced with caring for an elderly parent, or establishing a special needs trust for one who is disabled and needs particular protection in order to continue receiving government benefits, or in helping an individual craft his or her own will, power of attorney and health care directive in order to avoid future difficulties. Ms. Shepura is listed in The Best Lawyers in America® in Trusts and Estates. In 2012, she was appointed to the Alabama Family Trust’s Board of Trustees by the Governor of Alabama.

 

Sidney SummeySidney C. Summey, with White Arnold & Dowd, P.C., in Birmingham, is recognized in the probate and civil courts in Alabama as a leader in the field of probate litigation, wills, trusts and estates, guardianships, and conservatorships. In 2009, he was designated as a National Certified Guardian. His practice involves assisting litigators in settling cases involving decedent’s estates and incapacitated persons, the representation of conservators of the estates of minors and disabled persons who have received personal injury awards, structured settlements, special needs trusts, and elder law. He also handles litigation related to all areas of probate law including will contests and trust and estate matters. Mr. Summey is a frequent lecturer on basic and advanced probate, probate for litigators, special needs trusts, Medicaid issues, and elder law. He served on the faculty of The Birmingham School of Law where he taught Trusts and Elder Law. Mr. Summey also served on the adjunct faculty of the Cumberland School of Law of Samford University for five years, teaching courses in residential and commercial real estate transactions. He is the author of “Handling Lawsuits of Minors, Decedents and the Disabled,” which was published in the ATLA Journal, and co-authored "Settlement of Tort Claims on Behalf of Minors" published in 2015 in the same Journal. In February of 2008, Mr. Summey was appointed to serve as the Jefferson County Conservator and Guardian. In this position, Mr. Summey serves as a Conservator, Guardian, Trustee or Fiduciary appointed by the Probate Court, the Circuit Court, the Department of Veterans’ Affairs, or the Social Security Administration. He is responsible for marshaling assets, litigating real and personal property ownership issues, managing estate funds, overseeing nursing home placement, Medicaid eligibility, and overseeing the payment of the wards’ various day-to-day needs and expenses.


Thursday, May 19 (DAY 1)


Asset Protection in Estate Planning 

8:00 a.m. to 9:00 a.m. 
Jennifer McEwen & Jim Naftel 
Maynard Cooper & Gale 

Ms. McEwen and Mr. Naftel will discuss federal laws and Alabama laws as they relate to asset protection. 

Hitting the “Re-Do” Button: How to Fix a Broken Trust 

9:00 a.m. to 10:00 a.m. 
Bradley W. Lard 
Bradley Arant Boult Cummings LLP 

  • Alabama Uniform Trust Code options for fixing broken trusts 
  • Decanting 
  • Trustee’s power to adjust—fixing inadequate income under § 19-3A-104 
  • Unitrust conversions—§ 19-3A-106 
  • How to avoid having “broken” trust 


Morning break 
10:00 a.m. to 10:15 a.m. 

Power of Attorney Law Changes

10:15 a.m. to 11:15 a.m. 
Judy Shepura 
Dominick Feld Hyde, P.C. 

The time may come when a power of attorney outstrips a will as the most important estate planning document, because people are living so much longer and many of their assets are outside the reach of a will anyway. Until 2012, Alabama’s Power of Attorney Act covered about five pages in the Code of Alabama. Now it is 63 pages. This presentation will highlight some of the changes – both gems and grenades – in those 63 pages.


Pros and Cons of Avoiding Probate 
11:15 a.m. to 12:15 p.m. 
Jennifer Griffin 
Kendall Maddox and Associates 

  • Techniques for avoiding probate
  • The Alabama Small Estates Act
  • The Uniform Multiple-Persons Account Act
  • Transferring Real Property
  • Consequences of avoiding probate


Lunch (on your own) 
12:15 p.m. to 1:30 p.m. 

Real Estate in Probate 
1:30 p.m. to 2:30 p.m.
John Charles, the Anderson Law Firm, LLC 

  • Who can convey title to real estate? 
  • Executing simple deed transfers 
  • Sale of real property in probate 
  • Valuation—handling drastic changes in value 
  • Disposing of mortgaged, unpaid for, or distressed property 
  • Management of property during probate proceedings 
  • Other properties owned or rented by the decedent 
  • Real property held in a trust (QPRT or other) 
  • The effect of life estates and other retained use arrangements 
  • Tax considerations for the estate and the beneficiaries 
  • Tax planning and reporting 


Common Issues in Litigation and Probate 
2:30 p.m. to 3:30 p.m. 
Sid Summey 
White Arnold & Dowd, P.C. 

  • Title and discovery of assets 
  • Contested claims and contingent liabilities 
  • Marital agreement concerns 
  • Contested wills and alternatives: Is it valid to disagree? 

Friday, May 20 (DAY 2)


Closing the Estate Without a Hitch 

8:00 a.m. to 9:00 a.m. 
Brooke Everley 
Everley Law, LLC 

  • Alternative methods: Knowing your options 
  • Timing of distributions: How long do beneficiaries have to wait until they get their money? 
  • Steps involved in transferring jointly-held assets 
  • Transferring other probate and non-probate assets 
  • Considerations for handling distributions to minors and trusts 
  • Ensuring a thorough accounting and settlement of the estate 
  • Compensation and discharge of the personal representative 


Special Needs Trusts 
9:00 a.m. to 10:00 a.m. 
Melanie Bradford 
Bradford & Holliman LLC 

  • What SNTs can and cannot do for your client 
  • Assessing the degree of the beneficiary’s current and future disability and needs 
  • Types of SNTs and their uses 
  • Basic drafting considerations 
  • SNT funding, administration and termination 


Morning break 
10:00 a.m. to 10:15 a.m.

Nuts & Bolts of Probate 
10:15 a.m. to 11:15 a.m. 
Judge Sherri Friday 
Jefferson County Probate Court 

  • Estate administration 
  • Probating a will 
  • Small estates 
  • Guardian ad litem 
  • Conservatorships 


Understanding the Role of the Personal Representative in Probate 
11:15 a.m. to 12:15 p.m. 
Jack Carney 
Carney Dye, LLC 

  • Duties of the personal representative 
  • Misconduct and/or removal 
  • Compensation guidelines 
  • Special administration issues 


Lunch (on your own) 
12:15 p.m. to 1:30 p.m. 

Medicaid Planning 

1:30 p.m. to 2:30 p.m. 
Connie Glass 
The Elder Law Firm of Connie Glass, P.C. 

Ms. Glass looks at two of the most common questions an elder law attorney must answer—“How can I give away my assets to protect them from the nursing home?” and “What should I do with my home?” 

Ethics of Representing Executors, Estate/Trust Beneficiaries, and Trustees

2:30 p.m. to 3:30 p.m. 
R. David Allen 
IBERIABANK 

Mr. Allen will discuss the ethical issues that arise when representing the different parties involved in an estate administration, including the beneficiary, the trustee, and the estate. 

  • Who is your client? 
  • Potential conflicts of interests 
  • Duties of trustee 

 
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