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19th Annual
Estate and Charitable Gift Planning Institute

Event Date 9/14/11
Time 8:30 a.m. - 2:30 p.m.
Event Location Wasatch Retreat and Conference Center
Episcopal Church Center of Utah
75 South 200 East
Salt Lake City, UT 84111
Event Sponsor

The Salvation Army

The Park City Foundation

The Community Foundation of Utah

Estate Planning Section, Utah State Bar
Elder Law Section, Utah State Bar

Non Profit Section, Utah State Bar

Event Cost FREE
CLE Credit
5.0 CLE including 1 hr ethics

 

SEMINAR IS FULL

Online Registration CLOSED

CONFERENCE AGENDA

In these times of unprecedented uncertainty, everyone involved in estate planning is seeking more guidance than ever. Ethical considerations, fiduciary liability issues and staying abreast of current developments can be challenging, but Ann and Clary are here to help!

Ethics Session
8:30 – 9:30 AM, Charles A. “Clary” Redd
How Ethical Rules Govern the Conduct of Estate Planners

Ethical considerations are trickier than ever, especially when our planning involves second (and, sometimes, subsequent) marriages and multiple generations. Clary will discuss the ethical conundrums that may arise in several estate planning situations and how best to avoid them:

· Joint representation

· Conflicts of interest

· Confidential communications

· Representation of clients with disabilities

· Continuing obligation of an estate planning attorney after conclusion of project

· Execution of estate planning documents -- timeliness and validity

Session I
9:30 – 11:00 AM, Ann B. Burns
Looking Through the Crystal Ball – What’s New and Noteworthy

With tax law changes coming fast and furious, planners need to keep up. Ann will address the impact of these tax law changes on prior years’ estates and planning today and for the future, including the use of disclaimers to provide flexibility in times of uncertainty.

· 2010 estate administration

· 2011-12 tax planning opportunities

· Use of disclaimers to provide flexibility, including formula disclaimers

· Reasonable possibilities for new estate tax law in 2013

· How to qualify a trust as a grantor trust including tips for administration of grantor trusts

· Step transactions and reciprocal trust doctrine

Lunch
11:00 - 12:00PM

Session II
12:00 – 2:00 PM, Charles A. “Clary” Redd
Identifying and Avoiding Breaches of Fiduciary Duty

Suits against fiduciaries appear to be a new area of focus for plaintiffs’ attorneys. A good fiduciary must anticipate the changing landscape of the law and manage trust with a high degree of competence and care. Clary will address the standards of fiduciary conduct outlined in recent cases and governing instrument language that may help protect trustees.

· Administration of estates of 2010 decedents

· Trustee’s exercise of discretion regarding distributions to beneficiaries

· Investment issues

· Effect of exculpatory clauses

· Required disclosures to beneficiaries

Session III
2:00 – 2:30 PM, Ann B. Burns and Charles A. “Clary” Redd
Conference Overview, Discussion and Questions and Answers

Conclusion
2:30 PM

 


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