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Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration
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October 2009
 
Wade / Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration
 
 
Program Description
 
Commonly referred to as Wade/Parks, this longtime favorite and indispensable resource for Colorado probate practitioners covers every aspect of trust and estate administration.
 
Through this course and his comprehensive treatise, Mr. Wade provides a thorough commentary on the law of wills, trusts, and fiduciary administration, focusing on leading Colorado cases, the probate code, and related fiduciary statutes.
 
 
The program will address updates issues discussed in Chapter 23 of the treatise dealing with "Fees of Fiduciaries and Attorneys, including:
 
- Routine estate administration
- Litigation
- The question of personal representative neutrality
- The common law benefit rule
- Fees to litigate fees
- Assessment of fees against a third party
- Fees in surcharge actions
- Fees in trusts and protective proceedings
- The professional responsibility context
- Tax aspects
 
The program will also cover recent developments in the following areas:
 
- Will execution - dealing with flawed wills and lost wills; the substantial compliance statute; the new statute
- Concurrent and successive property interests - the joint tenancy and partition cases
- Reformation of wills - the new U.P.C.
- Trust interests in divorce - Balanson, Gorman, Guinn, and the new statute
- Marshall v. Marshall, 547 U. S. 293 (2006)
- Strategies for changing the pattern of distribution
- Trustee's exchange of trust assets for an interest in a new business entity
- Can A Conservator make a will? Create a new estate plan?
- Joint and several liability of trustees - a rule of the past?
- The recent professional responsibility and malpractice cases
- Federal jurisdiction in probate
- The new court supervisory powers statute
- The Denver Foundation case
- Colorado's adoption of new Uniform Acts; wither the Uniform Trust Code
- What happened to the presumption of undue influence?
- Ethics Issues:
- Attorney and Personal Representative issues: fees and liability concerns
- Breach of fiduciary duty
- Professional responsibility and malpractice
- Attorney-client privilege
 
 
Program Agenda
 
8:30 - 9:00
Registration
 
9:00 - 10:15
Programming
 
10:15 - 10:30
Break
 
10:30 - 11:45
Programming
 
11:45 - 1:00
Lunch Break (on your own)
 
1:00 - 2:30
Programming
 
2:30
Adjourn
 
 
About the Author/Presenter:
 
James R. Wade is a shareholder and officer of Wade Ash Woods Hill & Farley, P.C. in Denver. A former Denver Probate Court Judge, Mr. Wade is a Harvard Law School and Princeton University graduate, and a frequent lecturer and visiting professor on probate topics around the country. He served as Joint Editorial Board for Uniform Trust and Estate Act liaison to State Courts as well as liaison from the American Bar Association Real Property, Probate, and Trust Section to the National College of Probate Judges and American Bar Association Commission on Law and Aging. Mr. Wade's numerous memberships include the American College of Trust and Estate Counsel, the International Academy of Estate and Trust Law, and the American Law Institute. He is a recipient of the Treat Award for Excellence in Probate, National College of Probate Judges; and also a recipient of the Richard Doyle Award of Excellence, Colorado Bar Association/Continuing Legal Education.