The Intersection of Complex Planning, Family Law and Ethical Conundrums

This program track may qualify for up to 12.0 hours MCLE, of which 4.0 hours may qualify for ethics, and all of which may be Estate and Trust Specialization (up to 4.0 hours MCLE including 4.0 Specialization Credits daily). Attendees are invited to enjoy a complimentary hot breakfast buffet Monday, Tuesday and Wednesday mornings, from 7:30 am to 8:15 am.

The Trusts & Estates practice weaves diverse threads into a comprehensive tapestry. Frequently the practitioner must be part accountant, part counselor and part magician. Concerns about ethics are commonplace, and often unique to the practice area. In three half-day sessions, we will review tax considerations in the planning process (especially in light of dramatic changes in the tax landscape), and consider the special problems confronted by planning for married couples. In addition, participants will secure up to four hours of ethics credit, with a focus on estate planning, elder law and the Trusts & Estates practice.

TRACK CHAIRS: Robert B. Fleming and Elizabeth (Rollings) Friman from Fleming & Curti, PLC

MONDAY

8:15 am -
12:30 pm

Advanced Estate Planning

We work and practice in an era of extremely low estate tax concern. That doesn’t mean that estate planning has become simplified for all clients. Tax considerations remain, but increasingly focused on income tax problems. Our faculty will help you navigate some of the more complex issues you see in your estate planning cases. Discussion and review of real-world use of trust protectors will focus on how-to concerns, plus problems for the individuals named. The faculty will give you precise directions about how to handle beneficiary designations for an IRA or qualified retirement plan, as well as planning for modern, blended families. Learn about “beneficiary defective irrevocable trusts” (BDITs) and other complex estate planning ideas.

FACULTY: Elizabeth (Rollings) Friman, Fleming & Curti, PLC; Robert Fleming, Fleming & Curti, PLC; Prescott Pohl, Snell & Wilmer, LLP

TUESDAY

8:15 am -
12:30 pm

Intersection of Family Law and Probate

From built-in conflicts between married estate planning clients, to handling the unanticipated divorce after complex estate planning, the relationship of family law and probate/estate planning is complicated and unpredictable. Our faculty will discuss pre-nuptial and post-nuptial agreements, how to advise married clients and those considering marriage, and how to plan in light of an existing agreement. The possibility of trust planning for a spouse might be affected by marital disharmony, and that prospect needs to be built into the estate planning. Trust protectors, decanting and jurisdictional concerns all figure into the relationship between family law, probate and estate planning practices. Even the couple operating in apparent marital bliss might raise questions of exploitation of a vulnerable adult, and a lawyer dealing with apparent imbalance in power and protection concerns needs to be alert to the dangers.

FACULTY: Jennifer Kupiszewski, Kile & Kupiszewski Law Firm, LLC; Keith Singer, Law Office of Keith Singer; Greg Gadarian, Gadarian and Cacy

WEDNESDAY

8:15 am -
12:30 pm

Ethics for Probate, Guardianship/Conservatorship and Estate Planning Attorneys

Ethical problems abound in our practice area. Conflicts of interest are baked into estate planning for married couples, and may arise after the representation is already underway. Some conflicts may be unwaivable. Information exchanges may be required – or prohibited. Representation of agents after prior representation of the principals creates potential conflicts of interest. Information obtained in the course of representing a fiduciary – including a guardian, conservator, trustee or agent – can create unanticipated reporting requirements and mandate disclosures to clients and beneficiaries. Representing a licensed fiduciary adds new potential liabilities. In short, the practice area can offer a dangerous mix of ethical duties and potential pitfalls.

FACULTY: Marsha Goodman, Frazer Ryan Goldberg & Arnold, LLP; Mark Rubin, Law Office of Mark Rubin; Robert Fleming, Fleming & Curti, PLC




Copyright ©2004-2018 State Bar of Arizona