Join us for this year's annual Probate Institute to connect with both the Montgomery County Bench and other local practitioners.  
Presented by the Estate Planning Trust & Probate Section: Kristina Rainer, Chair and Eli Sperry, Vice-Chair
5.0 Gen + 1.0 PC
OSBA Specialty Credit Approved!

Agenda
8:15am-8:30am Welcome and Opening Remarks
8:30am-9:30am Is "Standing" standing in the way? (1.0 Gen)
Standing in Will and Trust Contests is an often-overlooked requirement before pulling the trigger on a filing. How many instruments does the Pac-Man plaintiff have to set-aside to succeed? Is there a wall set against a certain number of prior instruments? Should a lawyer prepare numerous instruments to insulate one from attack? How do you protect attorney-client privilege of the decedent? Has the Reck case in the Second District made a wreck of standing in cases with a “no-contest” clause and alleged incapacity?
Edward M. Smith, Esq., and T. Andrew Vollmar, Esq.
9:30am-10:30am Considerations When Working with Clients with Developmental Disabilities and Rule 1.14 (1.0 PC)
This presentation will explore the attorney’s responsibility under Rule 1.14 of the Ohio Rules of Professional Conduct to maintain, as far as reasonably possible, a normal client-attorney relationship with a client with diminished capacity.  The presentation will provide training that focuses on defining developmental disabilities and reviewing characteristics of common conditions.   It will address how an attorney can better comply with Rule 1.14 by reviewing ways to improve communication with individuals with disabilities and ways to address their needs.  The importance of inclusivity in the community will also be discussed.
Judith A. LaMusga, Esq., and Scott T. Kidd, Psy.D.
10:30am-10:45am Break
10:45am-11:45am Practical Income Tax Solutions for Estate Planners (1.0 Gen)
This presentation will cover income tax concepts that all estate planners should know, such as:
-How transfers of IRAs can be accomplished from trusts and estates without triggering income;
-Basics of grantor trusts, non-grantor trusts, and beneficiary deemed owner trusts (and how to switch between them);
-Practical tips of how families can avoid the compressed income tax brackets applicable to non-grantor trusts;
-How to draft trusts and wills to avoid pecuniary bequests that trigger “Kenan gain”.
Edwin P. Morrow III, JD, LLM (Tax)
11:45am-12:45pm Lunch
12:45pm-1:45pm Case Law Update (1.0 Gen)
This year’s case law update presentation will cover the various appellate and supreme court decisions from the past year that address issues related to inter-vivos trusts or probate estates. The presentation will provide an in-depth analysis of each case and what impact, if any, the holding of the case has for any attorneys in attendance.
Magistrate Paula D. Haas, Summit County Probate Court
1:45pm-2:45pm A Guide For The Unwary- The Corporate Transparency Act (1.0 Gen)
Attorney Taylor Baumeister will give a one hour presentation on the Corporate Transparency Act (“CTA”).  He will provide a general history of the CTA and an explanation of who must file.  He will walk through why estate planners should be wary of the CTA given the attorney’s representation of trusts and estates that own businesses and provide a practical explanation and guide on the filing requirements
Taylor R. Baumeister, Esq.
2:45pm-3:00pm Break
3:00pm-4:00pm The Hour of Power (1.0 Gen)
The Montgomery County Probate Court will present
-Court Update
-Proposed Local Rule and Form Changes
-Organizational restructuring with focus on turn-around times including accounts and inventories
-Help us help you
Judge Brannon, Montgomery County Probate Court
Magistrate Heather Shannon, Montgomery County Probate Court
Magistrate Lisa Wiseman, Montgomery County Probate Court
4:00pm Closing Remarks / Adjourn

This program has been approved for credit in the following jurisdiction(s):

Supreme Court of Ohio, Commission on CLE

Credit has been approved with the Supreme Court of Ohio, Commission on CLE for 5.00 General credits and 1.00 Professional Conduct credit.

Sinclair Conference Center

Materials available with registration:

If your plans change, please contact Kate Bertke, kbertke@daybar.org.

Cancellation Policy: CLE Policies (daybar.org)