Advanced Techniques to Improve Your Estate Planning and Probate Practice

This program track may qualify for up to 12.0 hours MCLE, 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.

TRACK CHAIRS: Les Raatz, Dickinson Wright PLLC, and Robin L. Miskell, Snell and Wilmer, LLP

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8:15 am -
12:30 pm

Monday Blues - What You Don't Know Can Hurt You!

We work and practice in an area that requires constant vigilance on all of the new (and old) rules that affect our practice. In this session, we focus on areas that are commonly misunderstood (grantor trusts), new areas (TJCA), and issues that can enhance your practice if you understand them (fiduciary discretion and drafting issues).

  • Grantor Trusts
    • How to recognize grantor trusts
    • When to use grantor trusts and why
  • The New Tax Act
    • What you need to know
    • Current tax talk
  • Exercising Fiduciary Discretion
    • The view from in-house counsel of a corporate fiduciary
  • What’s wrong with this clause?
    • Some common mistakes in drafting
    • Some not so common mistakes that are hard to recognize
    • The really bad mistakes that you need to know not to do

FACULTY: Greg Gadarian, Gadarian & Cacy, PLLC; Les Raatz, Dickinson Wright, PLLC; Jim Montague, First Western Bank, Denver, Colorado; Robin Miskell, Snell and Wilmer, LLP


8:15 am -
12:30 pm

Tuesday's Tricks - How to Fix a Client's Estate and Tax Planning, and Probate Powwow

There is always going to be an estate plan that needs to be modified after the fact, whether it is modifying an irrevocable trust, or increasing the tax basis to prevent capital gain tax. Additionally, everyone avoids fiduciary income tax issues but these issues may impact your client’s planning. And lastly, let’s learn about how to improve presenting to the Probate Bench.

  • Trust Modification
    • How to modify an irrevocable trust using common law, decanting and nonjudicial settlement agreements
    • Contrast and compare California new decanting law
    • When to use which type of modification or all
  • Need a Step-Up in Basis?
    • Upstream gifting
    • When to use Delaware tax trap
    • Other planning
  • Why do you need to know about fiduciary income tax when planning?
  • Observations from the Probate Bench

FACULTY: Robin Miskell, Snell and Wilmer, LLP; Les Raatz, Dickinson Wright, PLLC; Greg Gadarian, Gadarian & Cacy, PLLC; Commissioner Amy Kalman, Maricopa County Superior Court


8:15 am -
12:30 pm

Wednesday Wow – We Have the Tools - the Highest and Best Use of Them

Stacy Eastland, a nationally renowned speaker, author and practitioner will discuss using your estate planning tool box to fix your client’s income tax problems. This session will also include discussion of two sections of the Arizona Trust Code that you may not be using to their fullest potential, and lastly, you will learn the latest and the greatest about the most recent case law in probate and estate and trust administration cases in Arizona in the past year.

  • Advanced discussion of methods of income tax planning for your clients
  • A.R.S. Sections 14-10504 and 14-10505: They say what?
  • Case law developments involving probate and trust litigation

FACULTY: Stacy Eastland, Goldman Sachs & Co, Houston, Texas; Les Raatz, Dickinson Wright, PLLC; Meagan Pollnow, Asimou & Associates, PLC

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