You are cordially invited to attend the 2009 Annual Estate Planning Retreat being held this June 11-13 at the SILVERTREE HOTEL in Snowmass, Colorado!  Please take a few moments to look through the brochure agenda, topics, faculty, and registration information.  This year's Retreat promises to offer outstanding, advanced-level discussion and will provide attendees with an opportunity to gain insight into current topics that impact your practice.  Join us for this outstanding program in Snowmass!

 

This annual advanced-level program is co-sponsored by the Trust and Estate Section of the Colorado Bar Association and CBA-CLE. The program is unique in that it primarily consists of interactive, small group discussions. Each registrant will participate in four out of eight highly active discussion groups LIMITED TO 20 PARTICIPANTS PER GROUP. Participants are prepared to join in with comments and questions because the course materials are mailed to each individual at least 2 weeks before the conference begins, providing each person with an opportunity to review the materials and actively join in the group discussions as facilitated by each presenter.  

 

PLEASE NOTE:  CBA-CLE is going GREEN!  This year's course materials will be provided on CD-ROM as a PDF for all attendees. You may request the paper materials for an additional $50. A CD-Rom of the materials will also be included.

 

(A Quick Tip! Help us stay green! Print just the materials for the 4 sessions you plan to attend and bring them with you to the Retreat, or bring your laptop to your session and view the materials electronically!) 

 

 

CANCELLATIONS: If you are unable to attend, please notify CBA-CLE by June 1, 2009 and we will gladly refund your tuition in full. Cancellations after June 1 will be refunded less a $50 cancellation fee.

 

 

 

 

6:00 – 7:30 p.m. 

Welcome Reception for Registrants and their Guests

 

 

7:30 a.m.

Registration Open

 

7:30 – 8:45 a.m.

Buffet Breakfast

 

8:00 a.m. - Welcome and Introductions

 

 

8:15 a.m. - PLENARY SESSION

 

9:15 a.m.  - Adjourn to Breakout Sessions (Please see below for your session selections)

 

9:25 a.m.

 

10:45 a.m.

Refreshment Break

 

11:00 a.m.

 

12:20

Adjourn – Enjoy Snowmass⁄Aspen!

 

5:00 – 6:30 p.m.

Annual Wine Tasting

 

 

7:00 a.m.

Registration Open

 

7:15 – 8:45 a.m.

Buffet Breakfast

 

7:45 a.m. - PLENARY SESSION

(Materials provided by: Susan Boothby, Melissa Sullivan and Matt Trinidad)

 

8:10 a.m.

Introduction of Plenary Session Presenter

8:15 a.m. - PLENARY SESSION

*An update on the legislative opportunities for transfer tax reform in the 111^th Congress. The discussion will include a review of recently introduced legislation and possible proposals for reform

 

9:15 a.m. - Adjourn to Breakout Sessions

 

9:25 a.m.

 

10:45 a.m.

Refreshment Break

 

11:00 a.m.

 

12:20 p.m.

Adjourn – Thank you for your participation! 

 

 

 

 

 

Most estate planning attorneys are familiar with FLPs, GRATs, QPRTs, CRTs, CLTs and family buy-sell agreements.  However, most estate planning attorneys confess some fuzziness in their understanding of these special valuation rules which affect each one of these common estate planning tools and the traps they pose for family business planning.  Running afoul of these special valuation rules usually results in larger gifts or even deemed gifts by the taxpayer.  This usually leads to potential malpractice claims for the practitioner.  This program will provide a framework for understanding these special rules and a practical discussion of the common pitfalls encountered as well as shared solutions for avoiding special problems with these special rules. 

 

 

This session will discuss the WRERA of 2008 and how it affects RMDs.  It will also focus on Roth IRAs and designated Roth Accounts in 401(k) plans.  It will cover the basic rules of Roth IRAs, designated Roth Accounts, the conversion of a traditional IRA to a Roth IRA, and tax-free qualified distributions. 

 

 

 

A quick review of current events along with recently proposed and enacted Colorado legislation makes one wonder if the courts and the litigating bar are going to declare open season on fiduciaries in 2009. Consider the opportunity to test your legal skills that arguing the proposition that a 40% drop in principal value complies with prudent investing principles or that family member (individual) fiduciaries are not entitled to compensation for their fiduciary services.

 

Even in the best of times individual and professional fiduciaries need good legal representation. However in these times, and with a very bright light cast upon fiduciaries in the public eye, the need for appropriate and well informed representation has become critical. The estate planning attorney is often the first lawyer that the fiduciary works with and therefore usually has the best opportunity to influence the actions of an inexperienced fiduciary. A number of the attendees have a well-defined and organized practice of representing both individual and professional fiduciaries. Others represent fiduciaries occasionally. This session is geared toward practitioners who represent a trustee, agent, guardian, conservator or personal representative, whether professional, individual or family member. The intent of this program is to discuss practices and procedures to increase the quality of both individual and professional fiduciary representation. Please note that no one has a lock on best practices in this area so we will be learning from each other. Ethical issues and concerns will be considered along with recent trends, cases and a number of avoidable pitfalls.

 

Presented by Dennis N. Whitmer, Colorado State Bank & Trust N.A, Denver, Colorado  and Marco D. Chayet, Chayet & Danzo, LLC, Denver, Colorado

 

 

This presentation will review presumptions and inferences in general and discuss how they apply to estate planners as well as probate litigators. Presumptions and inferences are an integral part of Colorado law.  Colorado case law and various statutes set forth numerous presumptions and the Colorado Rules of Evidence and Colorado Jury Instructions provide guidance on how these presumptions are to be applied.  Under the Colorado Probate Code, there are presumptions regarding death; a presumption of due execution in connection with self-proved wills; presumptions regarding a testator's intent with respect to revocation, modification and ratification of wills; and presumptions regarding competency of witnesses.  Under the Code, there are also presumptions relating to the ownership of personal property between spouses and contributions to multiple party accounts.  Recently the Colorado Supreme Court in Krueger v. Ary,      P.3^d           , 2007 WL4336226 (Colo. App.) took under advisement after hearing oral arguments the issue of whether the presumption of undue influence in will contest litigation disappears under the “bursting bubble” theory in the presence of sufficient rebutting evidence, or remains in the case to be considered with all other evidence.  It is anticipated that the Supreme Court's decision will once and for all resolve the ambiguity surrounding the standard Colorado Jury Instructions concerning the presumption of undue influence in will contest litigation.

 

Presented by Herb E. Tucker and Gregory B. Washington,

 

 

With the proliferation of financial accounts, clients are dying with many donative arrangements.  Clients often establish these arrangements after short discussions with a financial institution employee, without securing independent legal advice, and without integration of the "will substitute" into the client's overall estate plan.  What can or should be done to integrate nonprobate transfers with a probated will?  Are joint POD accounts truly nonprobate transfers?  Recent court rulings have yielded surprising results!  What is a Personal Representative to do?

 

 

 

This breakout session will include analysis and discussion of when a beneficiary can receive distributions and for what purposes. The discussion will be based on examples of specific distribution standards and beneficiary requests and will involve discussions regarding varying trends and differing state interpretations. 

 

Presented by Carol Warnick, Kelly D. Cooper, and Rebecca Schroer, Holland & Hart, LLP, Denver, Colorado

 

 

Join a T&E lawyer and the Supreme Court Attorney Regulation Counsel in an open discussion of ethical issues.  The ethics issues we lawyers worry about may not be the same ones that disturb the disciplinary prosecutor!  Using common fact patterns, find out how your colleagues handle some everyday ethical matters, and learn from the Attorney Regulation Counsel which side of the line you may be on.

 

 

 

While each gift of $13,000 per person under the annual gift tax exclusion may be tax free, did you know it would result in denial of Medicaid eligibility for more than 2 months if your client needs Medicaid in the next five years. Worried? Brush up on your understanding of Medicaid and the changes brought about with the Deficit Reduction Act including eligibility requirements; calculation of the penalty periods for gifting; planning for the incapacitated spouse; Medicaid Lien Recovery; use of third party supplemental needs trusts in estate planning, and use of disability trusts and pooled trusts to preserve eligibility when other planning has been absent. Learn about tax issues associated with funding a third party supplemental needs trust and a disability trust with an IRA.

 

 

 

 

Silvertree Hotel

100 Elbert Lane

Snowmass Village, CO  81615

 

 

Rooms are being held for guests of the Estate Planning Retreat until May, 15, 2009.

 

Room rates at the Silvertree Hotel begin at $149 plus applicable taxes for single or double occupancy. Please identify yourself as a member of the “Colorado Bar Association Estate Planning Retreat” in order to receive the group discount.

 

To reserve your room, please contact the Reservations Department at (800) 525-9402, or contact the Silvertree Hotel directly at (970) 923-3520

 

50% of the total room night revenue is due upon booking. The balance is due upon arrival.

 

Extra person charge is $25.00 per person⁄per night. Children under 12 stay free in parent's room.

 

Rollaways are $25.00⁄night and cribs are free.  The charge for pets is $25.00 per pet per day.

 

 

 

Studios & two-bedroom loft condominiums. Located just above the Village Mall. Amenities include a pool, hot tubs, fitness facility, wireless Internet access, fully equipped kitchens, and housekeeping.

 

Two and three-bedroom units. Located above the Village Mall. Amenities include fully equipped kitchens, wireless internet access, covered parking, easy access to pool and whirlpools, health club privileges at The Silvertree Hotel. 

 

 

One-bedroom units, one-bedroom + loft, and two-bedroom units. Amenities include flat screen HD TVs, fully equipped kitchens, an on site restaurant, outdoor pool, jacuzzi, sauna, and daily housekeeping. 50% payment is due within 14 days of booking. 

 

 

 

 

JAMS

LexisNexis

Colorado State Bank & Trust N.A.

 

Atlantic Trust Wealth Management

The Denver Foundation - Philanthropic Service Group

Bank of the West

 

ABA Retirement Funds

Bureau of National Affairs, Inc.

Investors Independent Trust Company

Members Trust Company