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Probate & Estate Planning Conference for Alabama Attorneys: Materials Only

2015 Probate & Estate Planning Conference for Alabama Attorneys: Materials Only

Product Code: T15PALM

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2015 Probate & Estate Planning Conference for Alabama Attorneys: Materials Only

Held Thursday and Friday, May 14-15, 2015

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

  • Advanced estate planning tips
  • Trusts – QPRTs, GRATs, CRATs, CLATs, and more
  • Drafting wills – “must have” provisions
  • Education trusts for children and grandchildren
  • Collecting, maintaining and managing estate assets
  • Estate planning for older clients – Medicaid eligibility and special needs trusts
  • VA pensions – a little known benefit that can aid your clients
  • Estate planning in family and other related businesses
  • Planning for second marriages
  • Whether or not to probate
  • Administering the estate – claims and creditors
  • Sample pour-over will and living trust agreements
  • Ethics rules affecting the estate planner

 

Faculty:

  • R. David Allen, Jr., Law Office of R. David Allen, Jr., P.C., Birmingham
  • Jack Carney, Carney Dye, LLC, Birmingham
  • Ross Cohen, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham
  • Shannon Dye, Carney Dye, LLC, Birmingham
  • Brooke Everley, Everley Law, LLC, Birmingham
  • Lana Hawkins, The Hawkins Law Firm, Arab
  • Bradley W. Lard, Bradley Arant Boult Cummings LLP, Birmingham
  • Andrew J. Potts, Law Offices of Andrew J. Potts, Birmingham
  • Judy Shepura, Dominick Feld Hyde, P.C., Birmingham
  • Sid Summey, White Arnold & Dowd P.C., Birmingham
  • John Watts, Watts & Herring, LLC, Birmingham

 


Your Conference Leaders


AllenR. David Allen, Jr., Law Office of R. David Allen, Jr., P.C. in the Birmingham area, concentrates his practice in Estate Planning and Administration, Probate, Guardianships and Conservatorships, Mediation, Real Estate Closings, Trust Modifications and Litigation. He also represents individuals facing consumer issues, including the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and debt buyer issues. He is the CLE co-chair of the Probate Section of the Birmingham Bar Association for 2015.



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.



CohenRoss Cohen, with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC in Birmingham, represents clients in the areas of taxation and tax planning, wealth-transfer planning, estate planning, asset protection planning, business organizations, corporate law, and mergers and acquisitions. He represents individual clients in personal and family tax and estate planning (including prenuptial agreements, trusts, and the like), business succession, the establishment of private foundations and family investment vehicles, and similar matters. Mr. Cohen has been listed in Best Lawyers in America® in the areas of Tax Law, Trusts and Estates, and Closely Held Companies and Family Businesses Law since 2005. He is a frequent speaker and prolific writer, having authored a number of articles and technical publications. A certified public accountant since 1980, Mr. Cohen practiced for several years with Coopers & Lybrand (now known as PricewaterhouseCoopers).



DyeShannon Dye, with Carney Dye, LLC in Birmingham, handles all types of estate planning, including wills, trusts, special needs trusts, and powers of attorney. She graduated from Birmingham-Southern College and Cumberland Law School. She served as the Student Materials Editor for the American Journal of Trial Advocacy and was a member of the Cumberland Honor Court and Trial Board. She also served as a Caruthers Fellow and was the research associate for Professor David Smolin. She is an active member of the Cathedral of St. Paul. She is involved in a variety of community activities, including the Autism Society of Alabama.

EverlyBrooke Everley, with Everley Law LLC in Birmingham, practices in the areas of estate and gift planning, estate and trust administration, 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.


HawkinsLana Hawkins, with The Hawkins Law Firm in Arab, represents clients in central and northern Alabama in a range of practice areas, including Family Law, Estate Planning, Probate Law Proceedings, Business and Corporate Law, and Litigation and Appeals. Before returning to live and practice in her hometown of Arab, Ms. Hawkins practiced in Birmingham, Alabama; Palo Alto, California; and Washington, D.C. In the area of Estate Planning, Ms. Hawkins’ practice encompasses basic estate planning, including wills, medical directives, powers of attorney, and incapacity planning. She also provides more complex estate planning services to clients in need of revocable trusts, by-pass trusts, irrevocable insurance trusts, special needs trusts, and other specialized trust planning. In addition, Ms. Hawkins handles a wide range of Probate Law matters, including Guardianship and Conservatorship matters, Estate Administrations, and Estate Litigation.



LardBradley W. Lard, with Bradley Arant Boult Cummings LLP in Birmingham, is a member of the Firm’s Trusts and Estates Practice Group. 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. In addition, he is actively engaged in representing individual and corporate fiduciaries in administering and litigating estate and trust matters. Mr. Lard has more than 15 years experience in advising clients in an array of estate and tax planning matters, including working with numerous closely-held business owners in the disposition of ownership interests to family members, particularly through lifetime gifting. He routinely advises his clients on the application of minority and marketability valuation discounts and also counsels clients regarding tax saving strategies such as the creation of grantor retained annuity trusts (GRATs) and sales of business interests to “defective grantor trusts.” He has been listed in The Best Lawyers in America® in Tax Law since 2009 and in Trusts and Estates since 2012.


LardAndrew J. Potts, founder of the Law Offices of Andrew J. Potts in Birmingham, practices in the areas of estate planning, trust and estate administration, and general business planning. He earned his B.A. and M.S. degrees from The University of South Alabama, his J.D. degree from The University of Alabama School of Law and his LL.M. in Taxation from New York University. He served as law clerk to the Honorable G. B. Kahn, Chief Bankruptcy Judge for the Southern District of Alabama. He is past chair of the Tax and the Elder Law Sections of the Alabama State Bar and is a fellow of the American College of Trust and Estate Counsel. He is a member of the Board of Advisors to the Alabama Family Trust. He is a frequent lecturer on trust and estate planning issues, and issues affecting the elderly and the disabled.



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. She serves on the Board of Advocacy for the Center for Aging at the University of Alabama in Birmingham. In 2012, she was appointed to the Alabama Family Trust's Board of Trustees by the Governor of Alabama.


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 is the author of "Handling Lawsuits of Minors, Decedents and the Disabled," which was published in the ATLA Journal. In February 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.


WattsJohn Watts, of Watts & Herring, LLC in Birmingham, helps Veterans qualify for service and non-service-related benefits (Aid and Attendance) as well as seniors to qualify for Alabama Medicaid without losing all of their assets. He has extensive experience in litigating and trying personal injury and wrongful death cases but primarily represents consumers against abusive debt collectors. He also helps families figure out the best approach to long-term care. He does this with VA benefits, Alabama Medicaid, and other strategies. He has a great interest in learning the most effective ways to market and taking action on what he learns. Most importantly, he is a Christian and enjoys teaching in one-on-one settings as well as speaking to groups about biblical subjects.


Full Agenda

Thursday, May 14 (Day 1)

8:00 a.m. to 9:00 a.m.
Using Trusts for Older Clients
Judy Shepura, Dominick Feld Hyde, P.C.

  • Medicaid eligibility
  • Discretionary trusts
  • Revocable trusts
  • Special needs trusts
  • Avoiding probate
  • Testamentary trusts
  • Adult child supporting a parent
  • Selecting the right trustee


9:00 a.m. to 10:00 a.m.
Trusts Used For Tax Reduction
Brooke Everley, Everley Law, LLC

  • Charitable remainder trusts
  • Qualified domestic trusts
  • Qualified Personal Residence Trusts (QPRTs)
  • Defective trusts
  • Education trusts for children and grandchildren
  • Generation-skipping trusts
  • Funding the trust


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

10:15 a.m. to 11:15 a.m.
Estate Planning After Tax Reform
Ross Cohen, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

The American Taxpayer Relief Act of 2012 made permanent and dramatic changes to the estate, gift and generation skipping transfer tax laws. This presentation will focus on what you need to know for effective planning under the new regime.


11:15 a.m. to 12:15 p.m.
VA Pension: How to Use a Little-Known Benefit to Aid Your Clients
John Watts, Watts and Herring, LLC

  • What this little known VA benefit is
  • The three requirements to qualify
  • The federal prohibition on charging fees
  • How this law and Medicaid work together


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

1:30 p.m. to 2:30 p.m.
Family Law Issues in Estate Planning
Lana Hawkins, The Hawkins Law Firm

  • Planning for second marriages
  • Children, step-children, disabled relatives
  • Incapacity and health care related issues
  • Estate planning in family and other related businesses
  • Same-sex couples issues
  • International estate planning
  • Charitable giving


2:30 p.m. to 3:30 p.m.
Overview of Medicaid Planning
John Watts, Watts and Herring, LLC

  • Covered and non-covered services
  • Eligibility
  • Spousal impoverishment
  • Transfer of assets



Friday, May 15 (Day 2)

8:00 a.m. to 9:00 a.m.
Estate Administration A-Z
R. David Allen, Jr., Law Office of R. David Allen, Jr., P.C.

  • The will — to probate or not to probate?
  • Who’s your client — the estate or the executor?
  • Opening and administering the estate: Claims and creditors
  • Overview of intestate administration
  • Disclaimers, statutory exemptions, and elective share



9:00 a.m. to 10:00 a.m.
Using Living Trusts and Powers of Attorney as Estate Planning Tools
Jack Carney, Carney Dye, LLC

  • Common elements in trust agreements
  • The revocable living trust—why you should use it
  • Disadvantages of revocable living trusts
  • Sample pour-over will and living trust agreements
  • Durable powers of attorney


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

10:15 a.m. to 11:15 a.m.
Ethics in Estate Planning
Shannon Dye, Carney Dye, LLC

  • Selected ethical rules affecting the estate planner
  • Who’s your client? Conflicts of interest
  • Competency — a word to the wise
  • Practice before the IRS
  • Attorney fees


11:15 a.m. to 12:15 p.m.
Managing the Inventory
Sid Summey, White Arnold & Dowd P.C.

  • Statutory requirements and how they affect your case
  • Notice to creditors, beneficiaries and state agencies — what is required
  • Collecting, maintaining and managing assets
  • Inventory problems


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

1:30 p.m. to 2:30 p.m.
Estate Planning in a Low Interest Rate Environment
Bradley W. Lard, Bradley Arant Boult Cummings LLP

  • Interest rates that affect estate planning
  • Qualified personal residence trust (QPRT)
  • Grantor retained annuity trust (GRAT)
  • Other transactions: Outright loans to family members, self-canceling installment notes, and private annuities
  • Charitable remainder annuity trust (CRAT)
  • Charitable lead annuity trust (CLAT)


2:30 p.m. to 3:30 p.m.
Drafting Wills
Andrew J. Potts, Law Offices of Andrew J. Potts

  • Checklist for gathering client information
  • Must-have provisions
  • Building flexibility into the plan
  • Keeping clients current on their wills
  • Practical pointers

 
Our guarantee

Your 100% satisfaction is guaranteed. If for any reason you are not completely satisfied, simply let us know within 90 days, and we will issue you a complete refund.

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