Day 1 – Monday, June 10

7:15 – 7:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

7:50 – 8:00 a.m.

WELCOME & INTRODUCTION

8:00 – 8:45 a.m.

2019 Non-Tax Case Law Update
A review of all Minnesota published and unpublished probate and trust cases and national published probate and trust cases that provide relevant insight to our practice of law in Minnesota.
Robert A. McLeod

8:45 – 9:45 a.m.

The 1846 Last Will of John Sutton: What’s New and Not So New in the World of Drafting Wills and Contest Litigation
Terrence M. Franklin

9:45 – 10:15 a.m.

NETWORKING BREAK

10:15 – 11:15 a.m.

SUPER BREAKOUT A

101
Your First Client: Using the Initial Client Interview to Inform the Estate Plan
Chris Tymchuck

102
The Art of Antenuptial Drafting: For Estate Attorneys
Designed for estate attorneys (planners and litigators), this session will discuss costly mistakes made in development and implementation of antenuptial agreements, the importance of collaborative drafting and review between family law attorneys and estate planning attorneys, and recent case law regarding malpractice and antenuptial drafting.
Cindy J. Ackerman & Jana A. Deach

103
Lessons Learned from Three Years of Living with the Minnesota UTC
Andrea S. Breckner, Jolene M. Cutshall & David J. Shannon
Christopher B. Hunt (moderator)

104
The New Tax Law for Farm Businesses: Implications for Estate Planning
Lori A. Peterson

105
Our Brains on Bias: Reducing the Negative Interference of the Unconscious
1.0 elimination of bias credit applied for
Over 95% of us underestimate how much our bias impacts our thoughts and behaviors. That’s because the vast majority of us have positive intent as we make decisions and interact with others, but we don’t understand how those decisions and interactions are actually driven by our unconscious thoughts and beliefs. To be our most effective in both decision-making and interactions, we need to better understand how our unconscious mind influences us, particularly when bias is involved, and then learn to approach situations differently. In this highly-interactive session, participants discover how our brains naturally create our perceptions and misperceptions. Participants also learn and practice using the SEE Framework© to better understand the complexity of how our brains take in and process information, working with this framework to increase their ability to identify and eventually offset bias.
Sara Taylor

106
What Every Paralegal Must Know About Estate Administration
Not for Attorney CLE credit
Preparing documents for personal representation, including:

• How-To Tips
• What Forms to Use
• Do You Need to Start a Probate Administration?

Cynthia R. Costello & Susan J. Link

11:15 – 11:30 a.m.

BREAK

11:30 a.m. – 12:30 p.m.

BREAKOUT SESSION B

201
Your First Will and Trust: Key Considerations When Drafting Your First Will and Trust
Kara P. Gray & James R. Thomson

202
Small Estates Panel: Planning, Drafting and Administration Issues in Non-Taxable Estates
This panel discussion will use hypothetical client situations to illustrate and discuss current estate planning and administration issues including: naming trusts as beneficiaries of qualified accounts; using affidavits of collection in small estates; distribution of tangible personal property in non-probate, non-trust estates; examining the interplay of health care directives, DNR/DNUI orders and POLST documents; income tax basis management; and drafting and administration considerations 2½ years after the adoption of the Minnesota Trust Code.
Theresa M. Kowalski, Michael G. Kula & Mary Frances M. Price
James T. McNary (moderator)

203
Planning Strategies Under the 2017 Tax Act: What to Do With All That Exemption
This panel will discuss ideas and techniques to take advantage of the increased transfer tax exemption included in the 2017 tax act, which, by its terms, is set to sunset on December 31, 2025. We will discuss IRS guidance on the “clawback” issue and the planning opportunities it provides; we will explore techniques to utilize the increased exemption in order to maximize the step-up in basis for appreciated assets; and we will consider various practical planning ideas to deal with the significant gap between the federal and state exemption amounts. We will also address strategies that can be implemented now so that we can avoid a “mad rush” of planning in the 4th quarter of 2025, as the sun is about to set on the increased exemption.
Courtney A. Grimsrud, Laura Halferty & Cameron R. Seybolt
Michael P. Sampson (moderator)

204
Your Estate Planning Client Dies, and You Receive a Call Requesting Your Client’s File…
Rodney J. Mason & Richard J. Thomas

205
Directed Trusts: Understanding the Risks and Avoiding Liability
Directed trusts are becoming more common. Many states have adopted specific statutes to address in detail the relationship between the Trustee of a directed trust and the party holding the power to direct. Courts are grappling with complicated disputes related to directed trusts. We must be prepared to handle the unique drafting and liability risks as they develop, such as the following:

• State laws regarding directed trusts
• Relationship among directed Trustee, director and beneficiaries
• Ways to slice and dice duties and responsibilities of trust administration
• Liability of directed Trustees and party holding the power to direct

Charles A. “Clary” Redd

206
Planning Options When Farmland Is Owned by a C Corporation
Although farmland should never be put in a C Corporation, what happens when we find out land is inside the corporation? Although some options are drastic there may be options that provide better results with some careful planning to mitigate the tax cost of attempting to remove the land from the corporation. This presentation will set out some examples for consideration.
Duane Thompson

207
Strategies for Dealing with Foreclosures in Probate
Dealing with delinquency and default before probate; How to establish beneficiaries’ rights to engage loss-mitigation to avoid probate; Types of foreclosures and effect on beneficiaries; Strategies for junior mortgages when senior lienholder is foreclosing; Proceedings against lenders in probate related to real property foreclosure abuses; Other tips and traps for beneficiaries related to foreclosure of estate property.
Carl E. Christensen

208
It’s About Effectiveness: Developing Culturally Competent Teams
1.0 elimination of bias credit applied for
Research tells us that in order for your team to be high-performing it needs two key ingredients: Diversity and the ability of team members to be their most successful and effective as they interact across those differences. Cultural Competence helps us to do just that. Culture comes into play in nearly every interaction. Yet, only 2.5% of us have the competence to see the full complexity of cultural differences and adapt to them to be our most effective. That means the vast majority of us are at best missing key differences that are at play and at worst unintentionally offending others. That’s the bad news. The good news is that we can develop that competence in anyone and any workplace. Based on a five-stage developmental model of CC, this session provides a new, efficient and proven process to measurably and significantly develop CC. Learn from both individual and organizational case studies.
Sara Taylor

209
Information Security Best Practices and Practical Advice for Estate Lawyers
This session will address some of the professional conduct and ethical considerations that are implicated by data security risks, including the top cyber risks that are being seen by law firms, with a special focus on risks that would be most likely to impact estate planning lawyers (like wire transfer fraud, ransomware, email hacking, and impersonation). The speaker will also offer best practices that can be employed to limit risks in this areas, and recommend advice that estate planning lawyers can give their clients in order to limit risks of cyber fraud, identify theft, and data loss.
Philip R. Schenkenberg

210
The Ethical Paralegal: Your Guide to Compliance with Legal Ethical Rules
Not for Attorney CLE credit
Learn more about the ethical obligations of paralegals in estate planning and administration. This course will include an overview of the statutes governing paralegals in their roles with clients, the court, and third parties, as well as a discussion of do’s and don’ts.
Amy M. Halloran & Lynda Nelson

12:30 – 1:30 p.m.

INSTITUTE LUNCHEON (provided)

1:30 – 2:30 p.m.

BREAKOUT SESSION C

301
Your First Irrevocable Trust
Beth T. Morrison

302
Retirement Accounts – The Basics of Post-Death Distributions
This session is intended as an introduction to the administration of qualified retirement accounts for new attorneys or attorneys who want a refresher discussion of the rules and basic planning options.
Bryan Jamison

303
Snowbirds. Planning and Advising for Clients Flying South
This session will cover key issues related to clients residing in or maintaining substantial contact with Florida and Arizona. How to do it right (and wrong!). How estate planning documents differ from Minnesota documents (i.e. wills, revocable trusts, health care directives, financial powers of attorney, etc.); irrevocable Minnesota trusts – what happens when your client (or the trust beneficiaries) move to another state; other relevant state law differences; residency, real estate, and more.
Jennifer A. Lammers & Terry L. Slye

304
What Do We Think About Our New Tools?: Non-Judicial Settlement, Modification, and Decanting Under the Minnesota Trust Code
Repeated at #610
In 2016, the Minnesota UTC provided practitioners with a set of new tools to be used when encountering challenges, changes, and conflict associated with family trusts. How are we using these tools and to what effect? What have we learned about how these tools can help and where there are associated pitfalls?
Margaret “Pook” Grathwol & Denise S. Rahne

305
Tax Decisions for Trustees After the Fielding Case
Caitlin E. Abram, John R. Bultena & Laura S. Carlson

306
A Post Tax Reform Review of 1031 Exchanges
Paul J. Linstroth & Jeffrey R. Peterson

307
2019 Probate Panel
William R. Asp, Andrea S. Breckner, Cynthia R. Costello, Daniel R. Donovan, Julie Peterson & Michael P. Sampson
Susan J. Link (moderator)

308
How to Handle Common Ethics Scenarios in Estate Planning
1.0 ethics credits applied for
Our clients are different, but the ethical issues we face are similar. Join us as we walk through common ethical issues we encounter as estate planning lawyers such as: diminished capacity, undue influence, termination of representation, informed consent, scrivener’s errors, threatened lawsuits, conflicts of interest, deaths of clients and more.
Omni N. Kiecker & Binh T. Tuong

309
Medical Assistance (MA) Update 2019
There is a new Commissioner of Human Services in town. Also a new Governor. This year's update will focus on expectations for changes in the medical assistance programs for the coming year, if any. DHS is working on software to match bank accounts, property records and other financial information available in the global economy to MA applicants and recipients and their spouses. Whether this will simplify obtaining benefits or generate mismatches and erroneous information remains to be seen. Recent developments in estate recovery policies and procedures will also be discussed.
Julian J. Zweber

310
What Every Paralegal Must Know About Fiduciary Income Taxes
Not for Attorney CLE credit
What information is needed to successfully prepare fiduciary income tax returns; How to spot errors; Helping the personal representative administer the estate from start to finish.
Erin A. Donovan

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION D

401
Your First Probate: How to Manage Important Timelines and Deadlines
Adam J. Rohne & Jill M. Sauber

402
Income Tax Considerations in Planning and Administration
This session will cover an update on the status of the income taxation of trusts by the Minnesota Department of Revenue post Fielding; address management of income tax basis; and more.
Marcia E. Urban

403
“Foundation Fixer-Upper”: How to Repair the Cracks in the Family Foundation
This breakout session will be a case study primer on family foundations and the areas where trouble tends to arise. Some topics we will cover include investment due diligence, international giving, fundraisers, pledges, conflicts of interest, and conversion to donor advised funds.
Jessica B. Johnson & Katherine S. Weber

404
Fighting for the Farm: A Snapshot of Estate Litigation in Greater Minnesota
Wills and Trusts often include provisions that provide special treatment to the farming child over nonfarming children. But what happens when the non-farming children put up a fight? Panelists will discuss litigation matters involving farmland, including such topics as determining fair market rent and land value, identifying conflicts of interest that will arise when the fiduciary is also the farming child, and the judicial perspective on this new strain of family law.
Honorable Leland O. Bush (Ret.), Hans K. Carlson, Leah M. Hartung & C. Thomas Wilson
Pamela D. Steinle (moderator)

405
A Deeper Dive Into Fiduciary Responsibilities
A closer look at investment choices and responsibilities; litigation traps and pitfalls; and administrative shortcomings facing a Fiduciary.
Norman M. Abramson, Robert W. Mairs & Lloyd S. Stern

406
Advanced 1031 Exchange Strategies: Agricultural Examples and Related Party Planning
Paul J. Linstroth & Jeffrey R. Peterson

407
Practical Tips from Probate Court Representatives
A panel of probate court representatives which will explore common issues that arise in the administration of a decedent’s estate from the probate court perspective. The session will include practice tips culled from the panelists’ unique experiences as Probate Court Registrars and a District Court Judge specializing in probate cases.
Darla Busian, Judge Elizabeth V. Cutter, Vicki O’Brien & Laura Stevens
Jaclynn M. Sparby (moderator)

408
Malpractice Trends in Estate Planning Practice: 2019 Update
1.0 ethics credit applied for
Kenneth R. Landis & Patrick Kratz

409
Satisfied Clients: Best Practices for General Estate Planning and Client Relationships
This session will address timeless questions with the latest ideas and developments for effective client service: What should be included in the estate planning discussion between me and my client? How can I most effectively utilize the new(ish) ACTEC form engagement letters (and what’s different about them?); What are the legal requirements to execute common estate planning documents (will, trust, health care directive, power of attorney)?; How does the new MN Remote Electronic Notarization Law impact me and my clients? And more.
Tara D. Mattessich

410
Taking Legal Writing to the Next Level – For Paralegals
Not for Attorney CLE credit
Karin Ciano

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION E

501
Your First Health Care Directive and Power of Attorney
Melissa Hagstrum Bayne

502
The Life Cycle of a Trust (Drafting Lessons from Administrators and Examples of Exercising Discretion)
Julie A. Westbrock

503
Estate Planning Lessons from Doris Duke and Jacqueline Kennedy Onassis
Jacqueline Kennedy Onassis and Doris Duke were extremely private women in life. Yet after their deaths, their Wills became public documents for the world to view and scrutinize. How did this happen? Lynne Pantalena will lead us in a discussion of these issues. With a copy of each of these Wills in hand, we will perform an anatomy of a Will. What are the lessons that can be learned in retrospect. These Wills will be compared and contrasted.
Lynne Pantalena

504
Quirks and Pitfalls of Probate and Trust Trials
Practical pointers to help you better understand the strategic choices that can make you more efficient and effective at trial:

• Court trial vs. jury trial
• How to handle cases that require multiple evidentiary hearings
• How much time do you need to allocate?
• How to handle witnesses and exhibits
• And more

Joseph J. Cassioppi & Emily A. Unger

505
Who Gets the Dog? Helping Clients Effectively Plan a Pet Trust That Works
Spending on pets in the United States is projected to reach almost $100 billion in the next few years. Ensuring that pets are properly cared for after their owner’s death is an increasingly common concern. Maybe friends or family will take on the pet’s care, and maybe not: How do you find reliable options beyond the family to care for a treasured pet? Learn how the law defines pets, which tools can help you achieve a client’s goals, and how community resources such as rescues and sanctuaries can help you serve clients in this expanding market segment.
Rebecca R. Bell, Mary Gustafson & Jean Stelten

506
Answers to 20 Tricky Questions About Agricultural Estate Planning
Hans K. Carlson, Shari P. Fischer, Fred Krahmer & Toni M. Sandin
Jennifer L. Gilk (moderator)

507
Rembrandts and Beanie Babies: Answers to Common Questions About Valuing Personal Property
Repeated at #709
Valuation and division of personal property can be confusing and emotionally charged. Join us for a discussion with George Sonnen, member of the American Society of Appraisers, about valuation methods and techniques for everything from Rembrandts to Beanie Babies, rifles to diamond rings.
Diana L. Marianetti & George Sonnen
Gloria S. Myre (moderator)

508
Planning for Incapacity or Retirement: Key Ethical Considerations
1.0 ethics credit applied for
Eric T. Cooperstein & Paul M. Floyd

509
How to Handle Creditors’ Claims Against the Estate
This session will cover best practices for handling creditor’s claims against the estate, including what constitutes a "claim" in Minnesota, how to give proper notice of probate to potential creditors, how to pay legitimate claims, and what to do if the estate is insolvent, as well as how to protect the estate from barred or improperly submitted claims.
Ivory S. Umanah

5:00 p.m.

JOIN YOUR FRIENDS AND COLLEAGUES AT 5:00 P.M. FOR THE INSTITUTE RECEPTION

Day 2 – Tuesday, June 11

7:15 – 8:00 a.m.

CONTINENTAL BREAKFAST

8:00 – 9:00 a.m.

BREAKOUT SESSION F

601
Your First Estate Tax Return
Brooke Hanssen & Andrew T. Howard

602
Considering Addiction and Mental Health in Estate Planning
Erin E. Boerschel, Mike Justin & Rachel T. Schromen
Chris Tymchuck (moderator)

603
Charitable Gift Planning In Light of the Tax Cuts and Jobs Act
The “Tax Cuts and Jobs Act nearly doubles the standard deduction for individuals and families, change that simplifies the filing process for millions of Americans, but it also complicates giving strategies for many who have made a habit of deducting their charitable contributions. This session will address giving trends and innovations set in motion by these reforms, how to help clients alight their wealth planning needs and philanthropic desires with new giving strategies and opportunities, and more.
Emily G. Irwin & Marie Ruzek

604
Planning and Facilitating a Family Meeting
This session will cover the process from planning for through facilitating a family meeting. Topics to be discussed: who is your client, who should attend, where should it take place, what topics should be discussed and how best to present the topics. Dan and Mark will provide practical tips throughout the discussion to insure you are prepared to help conduct an effective multigenerational family meeting with your clients.
Daniel R. Donovan & Mark E. Winberg

605
Perspectives from Probate Court Referees
Referee Lori Skibbie & Referee Joel Olson
Alan I. Silver (moderator)

606
Trust Administration Checklist for the Family Trustee
Amanda N. Juelson

607
Overcoming Barriers to Settlement: Finding Sources of Resistance and Moving Through Impasse, Part I
This session will focus on exploring specific causes of resistance and how to customize both proactive and reactive strategies to move through the impasse.
Nina Meierding

608
Elimination of Bias: Women in Estate Planning
1.0 elimination of bias credit applied for
A panel of women estate planning lawyers representing a wide range of years of experience reflect on important practice issues; including work-life balance, parental leave, sexism and much more.
Laurie A. Hanson, Adine S. Momoh, Marya P. Robben, Sarah B. Sicheneder & Pamela D. Steinle
Jennifer S. Santini (moderator)

609
The Gotcha’s and Trap Doors of Life Insurance
This presentation goes beyond the basics of life insurance and looks closely at problems and issues surrounding life insurance in estate planning and administration. Discover how and why policies fail, differentiate between agent’s and carrier’s responsibility and how that impacts estate planning, review case studies and solutions to common policy failures.
Bob Cohen

610
What Do We Think About Our New Tools?: Non-Judicial Settlement, Modification, and Decanting Under the Minnesota Trust Code
Repeat of #304
In 2016, the Minnesota UTC provided practitioners with a set of new tools to be used when encountering challenges, changes, and conflict associated with family trusts. How are we using these tools and to what effect? What have we learned about how these tools can help and where there are associated pitfalls?
Margaret “Pook” Grathwol & Denise S. Rahne

9:00 – 9:15 a.m.

BREAK

9:15 – 10:15 a.m.

BREAKOUT SESSION G

701
New Lawyer Panel: Advice, Dos and Don’ts, Q and A and Resources
Theresa G. Johnson, Kimberly A. Prchal, Jeremy P. So & Touch Thouk
Philip J. Ruce (moderator)

702
Liability and Asset Protection – A Comparison of Minnesota Entities
Matthew L. Stortz

703
Powers of Deduction: Tax-Saving Strategies Under the Legislation Formerly Known as the Tax Cuts and Jobs Act
Thomas J. Pauloski

704
Can’t We All Just Get Along? Avoiding Litigation in Small Business Succession Planning
Brian A. Dillon & Sheryl G. Morrison

705
2019 Trust Officer Panel
Peter M. Hendricks, Barry A. Kelner, Jason W. Schuller & Sarah N. Sonday
Carissa W. Brown (moderator)

706
Overcoming Barriers to Settlement: Finding Sources of Resistance and Moving Through Impasse, Part II
Nina Meierding

707
Elimination of Bias: Drafting and Planning for Muslim Clients
1.0 elimination of bias credit applied for
Overview of the origins of Islamic estate planning; fraction system for division; practical application of Islamic estate system in MN; and challenges to application.
Imani S. Jaafar

708
Unlocking the Labyrinth: Navigating Common Issues in International Estate Planning
Jennifer A. Ede & Sonny F. Miller

709
Rembrandts and Beanie Babies: Answers to Common Questions About Valuing Personal Property
Repeat of #507
Valuation and division of personal property can be confusing and emotionally charged. Join us for a discussion with George Sonnen, member of the American Society of Appraisers, about valuation methods and techniques for everything from Rembrandts to Beanie Babies, rifles to diamond rings.
Diana L. Marianetti & George Sonnen
Gloria S. Myre (moderator)

10:15 – 10:45 a.m.

NETWORKING BREAK

10:45 – 11:15 a.m.

2019 Minnesota Legislative Update
A fast-paced review of estate planning related developments in the 2019 legislative session.
Lauren G. Barron & Cameron R. Seybolt

11:15 – 11:30 a.m.

MSBA Probate and Trust Law Section Meeting

11:30 a.m. – 12:15 p.m.

Issues versus Interests: The Difference Is Critical in Finding Out What Really Matters in Estate Negotiations
Nina Meierding

12:15 – 12:30 p.m.

Demonstration of Minnesota CLE’s New Automated Drafting Wills Platform
Michael P. Sampson

Afternoon Bonus Session

1:00 – 3:00 p.m.

Elimination of Bias: Cultural Issues in Mediations and Negotiations
2.0 elimination of bias credits applied for
In this seminar, Nina Meierding examines how culture affects the way information is processed, communication and negotiation are experienced, power is exercised and understood, risks are evaluated, and decisions and agreements are reached.
Ms. Meierding will explain how to move beyond traditional cultural biases, and will then discuss practical techniques for professionals to address these dynamics in effective and creative ways.
Nina Meierding

Free Post-Conference Webcasts

Tuesday, June 18 | 10:30 – 11:30 a.m.
Buying and Selling a Law Practice
1.0 standard CLE credit applied for
Roy S. Ginsburg

Monday, June 24 | 12:00 – 2:00 p.m.
The Path to Lawyer Well-Being: Supporting the Transition of Older Lawyers
2.0 elimination of bias credits applied for 
Joan M. Bibelhausen

Monday, June 24 | 3:00 – 4:00 p.m.
Wills for Heroes
1.0 standard CLE credit applied for 
Susan J. Link

In-Person Live Presentation
Monday & Tuesday, June 10 & 11, 2019
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, MN 55102

In-Person Replays
There are no in-person replays.

Hampton Inn & Suites Downtown St. Paul – $149
200 West 7th Street
Saint Paul, MN 55102
651-224-7400 

Holiday Inn St. Paul Downtown – $142
175 West 7th Street
Saint Paul, MN 55102
651-225-1515

The Saint Paul Hotel – $169
350 Market Street
Saint Paul, MN 55102
651-292-9292

$545 MSBA members / $545 paralegals / $645 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Minnesota CLE maintains a scholarship program for those individuals with a financial need. For more information or to obtain a scholarship application, contact Grant at 651-254-2111 or gdavies@minncle.org.

Credits – Conference
Minnesota CLE is applying to the Minnesota State Board of CLE for 10.5 standard CLE credits. We anticipate that sessions #308, #408 and #508 each will qualify for 1.0 ethics credit, and that sessions #105, #208, #608 and #707 each will qualify for 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this conference is 10.5 credits.

Credits – Paralegal Track
The presentations in the paralegal track do NOT qualify for attorney CLE credit. Paralegals may apply for continuing education credits on their own.

Credits – Bonus Session
Minnesota CLE is applying to the Minnesota State Board of CLE for 2.0 elimination of bias credits.

Credits – Post-Institute Webcasts
Please see the webcast listing on the Schedule & Faculty tab.

Registrants will receive electronic access to the seminar written materials through the Minnesota CLE website a few days prior to the Institute. At the seminar, attendees will receive hardcopy materials for the plenary sessions and breakout sessions attended. To ensure you have access to the materials in the most timely manner, please set up a free login account at www.minncle.org as soon as possible, if you do not already have one.

Can't attend the Institute? You can purchase the 2019 Probate & Trust Law Section Conference Manual in hardcopy for $110 (plus tax and handling) by calling Minnesota CLE at 651-227-8266 or 800-759-8840. Orders will be filled after the Conference. The electronic version is available for $110 (plus tax) and may be purchased at www.minncle.org after June 24, 2019. The Antenuptial Agreement InFORMed Annotated Document and the Trust Administration Checklist for the Family Trustee Legal QuickSheet sold separately.