ICLE | Probate & Estate Planning Institute, 60th Annual
Seminars
  
Probate & Estate Planning Institute, 60th Annual
On-Demand Event | Level: Basic/Intermediate/Advanced
Cosponsored by the Probate and Estate Planning Section of the State Bar of Michigan
Full Schedule
 
40 minutes
40 minutes
Plenary Session:
Caselaw Update
David L. J. M. Skidmore, Warner Norcross + Judd, Grand Rapids

50 minutes
50 minutes
Plenary Session:
Ten Things Every Estate Planner Needs to Know About Subchapter J
  • how income taxes impact how estate planners advise clients to structure their plans
  • income tax issues that arise during estate and trust administrations
  • critical aspects of Subchapter J, including concepts of fiduciary income, DNI, IRD, and the grantor trust rules
Mickey R. Davis, Davis & Willms PLLC, Houston, TX
Melissa J. Willms, Davis & Willms PLLC, Houston, TX

30 minutes
30 minutes
Retirement Assets Track:
Required Minimum Distribution Rules Under the SECURE Act
  • deep dive into the new rules
Michael D. Shelton, Ferguson Widmayer & Clark PC, Ann Arbor

30 minutes
30 minutes
Litigation Track:
Discovery and the New Rules in Probate Court
  • mandatory disclosures: when are they required and what has to be disclosed?
  • the new scope and limits of discovery
  • probate court discovery compared to circuit court
  • changes in deposition & subpoena procedures
  • addressing discovery complications: mediation and sanctions
  • medical information privilege
Andrew W. Mayoras, Barron Rosenberg Mayoras & Mayoras PC, Troy

30 minutes
30 minutes
Retirement Assets Track:
Drafting and Administering Trusts After SECURE
  • drafting to comply with the new rules
  • planning for eligible designated beneficiaries
  • handling the uncertainties in the law
  • use of beneficiary designations
Nancy H. Welber, Nancy H. Welber PC, Farmington Hills

30 minutes
30 minutes
Litigation Track:
Using Expert Witnesses in Probate Litigation
  • types of expert witnesses
  • identifying when to use an expert witness
  • who retains the expert - the lawyer or the client?
  • expert discovery under the new civil discovery rules taking effect 01/01/20
  • qualifying your testifying expert witness at trial and the resulting testimony
Elizabeth L. Luckenbach, Dickinson Wright PLLC, Detroit

30 minutes
30 minutes
Retirement Assets Track:
Alternate Planning Techniques in Light of SECURE
  • use of independent trustees
  • roth IRAs and tax-free growth
  • life insurance trusts
  • surviving spouse strategies
  • second marriages
Amy N. Morrissey, Westerman & Morrissey PC, Ann Arbor

30 minutes
30 minutes
Litigation Track:
Income and Transfer Tax Issues of Settlements and Modifications
  • knowing the ropes and binding the IRS
  • income, estate, gift, and GST tax consequences when a fiduciary is a party to a litigation settlement or modification
  • how to document the outcome in light of the IRS and tax issues
Melissa J. Willms, Davis & Willms PLLC, Houston, TX

1 hour
1 hour
Plenary Session:
Guardianships, Conservatorships, and Protective Orders: A Case Study Approach
  • when client situations necessitate protective proceedings
  • pathways to protection: temporary guardian, full guardian, protective order, special conservator, full conservator, petition for instruction
  • case studies
Pamela J. Cross, Rhoades McKee PC, Grand Rapids
Hon. David M. Murkowski, Chief Judge, Kent County Probate Court, Grand Rapids

50 minutes
50 minutes
Plenary Session:
Estate Planning for Married Couples in a World with Portability and the Marital Deduction
  • nuts and bolts, plus the intricacies of portability
  • how to port a deceased spouse’s unused exclusion amount and how to use it once ported
Mickey R. Davis, Davis & Willms PLLC, Houston, TX
Melissa J. Willms, Davis & Willms PLLC, Houston, TX

35 minutes
35 minutes
Advanced Planning Track:
Charitable Planning Ideas Your Clients Can Use
  • using donor advised funds versus private foundations
  • designing split-interest trusts to fit your clients’ needs
  • using charitable trusts to mimic stretch IRAs after the SECURE Act (or its kin)
  • explaining charitable tools in ways your clients understand
Mickey R. Davis, Davis & Willms PLLC, Houston, TX

35 minutes
35 minutes
Core Concepts Track:
The Alpha and Omega of Client Relations: Engagement and Exit Letters
  • identifying who your client is
  • conflict checks
  • limiting the scope of your representation
  • representing joint clients in estate planning or probate matters
  • potential pitfalls along the way: unexpected conflicts, mission creep, when to withdraw
  • exit letters: transitioning the client to "former client," but remaining friendly
Marguerite Munson Lentz, Bodman PLC, West Bloomfield

35 minutes
35 minutes
Advanced Planning Track:
Estate Planning Wizardry: Minimize Tax and Maximize Gifts to Family and Charity
  • determining client goals--a holistic approach
  • drafting tips for ILITs, IDGTs, and family foundations
  • supporting charitable causes and family members
  • using estate tax calculations
  • working with the client’s advisors
Joan C. Skrzyniarz, Dickinson Wright PLLC, Troy

35 minutes
35 minutes
Core Concepts Track:
Trust Funding 101
  • role of the lawyer--to fund or not to fund?
  • the basics of funding
  • funding real property in light of Scott v South Haven
  • framing the client’s mindset in regards to funding - checklists and acknowledgements
Lindsay M. Cummings, Bodman PLC, Grand Rapids

35 minutes
35 minutes
Advanced Planning Track:
Critical Concepts in Business Valuations
  • how they are critical in the estate planning and administration processes
  • the importance of effective dates
  • audit triggers
  • methods for valuation
Jehan Grashara Crump-Gibson, Great Lakes Legal Group PLLC, Lathrup Village
Sherman James Taylor, Sherman J. Taylor PC, Southfield

35 minutes
35 minutes
Core Concepts Track:
Powerful Uses of Powers of Appointment
  • what are powers of appointment and why are they important?
  • when and how to use
  • drafting effective powers of appointment
  • traps for the unwary
Jennifer L. Remondino, Warner Norcross + Judd , Grand Rapids

40 minutes
40 minutes
Legislative Update
Howard H. Collens, Galloway and Collens PLLC, Huntington Woods
Nathan R. Piwowarski, McCurdy Wotila & Porteous PC, Cadillac

1 hour, 5 minutes
1 hour, 5 minutes
Plenary Session:
Cybersecurity Practices That Won’t Bust Your Budget
  • current security threats to lawyers and law firms in today’s breach-a-day world
  • ethical and legal obligations to safeguard client data
  • approaches to compliance with these duties
  • practical steps you can take to safeguard confidential data--many low cost or free
David G. Ries, Clark Hill, Pittsburgh, PA

30 minutes
30 minutes
Disability Planning Track:
Medicaid, Elder Law, and Disability Update 2020
  • Michigan and federal developments
  • updated and effective planning techniques
  • special needs strategies
  • veterans benefits update
Kathleen Hogan Aguilar, Miller Johnson, Grand Rapids

30 minutes
30 minutes
Administration Track:
Turn-by-Turn Instructions for Administration
  • starting administration formally or informally
  • closing administration formally or informally
  • everything in between
  • avoiding pitfalls along the way
Michael D. Holmes, DeMent & Marquardt PLC, Kalamazoo

30 minutes
30 minutes
Disability Planning Track:
Debunking Five Medicaid Urban Legends
  • understanding Medicaid's role in health care for older and disabled clients
  • identifying opportunities to help clients avoid delays in Medicaid eligibility
  • planning to preserve assets and income for the community spouse
  • avoiding costly mistakes that cause the loss of Medicaid coverage
  • top resources for helping you solve your client's Medicaid planning issues
David L. Shaltz, Chalgian & Tripp Law Offices, East Lansing

30 minutes
30 minutes
Administration Track:
Fixing the Sideways Estate Plan After It Becomes Irrevocable
  • interpreting the trust or will when the settlor or testator’s intent is unclear
  • reforming the trust with clerical errors
  • modifying the broken trust by agreement
  • using agreements to alter shares to avoid the testator’s intent
  • fixing the broken trust with a modification order
  • terminating the irrevocable trust that nobody wants, but the dead guy
Richard C. Mills, Marcoux Allen PC, Jackson

30 minutes
30 minutes
Disability Planning Track:
First Party, Third Party, POMs … Oh My! Administering Special Needs Trusts
  • discover which public benefits your client is receiving and why this is important
  • understand your duties
  • manage conflicts and difficult personalities
  • prepare a financial plan and assemble your team
  • grasp the effect of distributions
  • utilize ABLE and True Link
Jacquelyn A. Rygiel-Sprague, Rygiel Sprague PC, Clinton Twp

30 minutes
30 minutes
Administration Track:
View from the Probate Bench
  • best practices and pet peeves
  • the myth of uniformity of practice
  • perspectives on the new discovery rules
Hon. Terrance A. Keith, Wayne County Probate Court, Detroit
Hon. Julia Bramlage Owdziej, 22nd Circuit Court, Ann Arbor

30 minutes
30 minutes
Cottages Track:
Cottage Uncapping Issues
  • uncapping demystified
  • use of trusts
  • use of LLCs
Harley D. Manela, Mall Malisow & Cooney PC, Farmington Hills

30 minutes
30 minutes
Cottages Track:
Drafting to Avoid Disputes: Managing Succession of the Family Cottage
  • how every good succession plan starts with a solid foundation
  • evaluating ownership structure and anticipating change
  • management through a balance of control and empowerment
  • the art of compromise and managing expectations
  • fostering generational connections and knowing when to walk away
Cortney S. Danbrook, Danbrook Adams Raymond PLC, Traverse City

30 minutes
30 minutes
Cottages Track:
Administering Cottage Trusts and Dealing with Disputes
  • administrative considerations when drafting
  • common examples of discord
  • achieving harmony for the family
Regina Jaeger, Greenleaf Trust, Traverse City

2 hours
2 hours
Livestreamed Session:
SPECIAL ADVANCED SESSION: Purposes of Concealment Under Michigan’s New Undisclosed Trust Statute/Proposal (To be livestreamed Monday, July 27 at 12:00 PM)
  • trusts without beneficiaries
  • beneficiaries without knowledge
  • duties without rights
  • ends without means
James P. Spica, Chalgian & Tripp Law Offices, Southfield

2 hours
2 hours
Livestreamed Session:
SPECIAL BASIC SESSION: New Lawyers, You Have the Floor (To be livestreamed Friday, July 31 at 12:00 PM)
  • ask your practice management and substantive questions in this open forum
Mark J. DeLuca, Foster Swift Collins & Smith PC, Lansing
Morgan Maul, The Maul Law Group PLLC, Hamilton
Rachael M. Roseman, Smith Haughey Rice & Roegge, Grand Rapids

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