Day 1 – Friday, October 16

7:50 – 8:20 a.m.
JOIN ONLINE

8:20 – 8:30 a.m.
WELCOME & INTRODUCTION

8:30 – 9:15 a.m.
2020 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A review of all Minnesota published and unpublished probate and trust cases and national published probate and trust cases that provide relevant insight to our practice of law in Minnesota.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

9:15 – 10:00 a.m.
Planning for Retirement: The SECURE Act and Other Recent Developments
What’s new in planning for retirement benefits in the last year or so? SECURE, SECURE, SECURE! Enacted in December 2019, SECURE has upended estate planning techniques for our clients’ IRAs and other retirement plans. What it means, what to tell clients, what has (and hasn’t) changed, and what we still don’t know. Plus, new IRS life expectancy tables!
Natalie Choate

10:00 – 10:30 a.m.
BREAK

10:30 – 11:30 a.m.
BREAKOUT SESSION A

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

102
I Spy with My Elder Law Eye: Spotting Elder Law Issues in Estate Plans
Most estate planning lawyers encounter elder-law issues when working with clients. Whether clients are planning for future long-term care or imminent benefits, reviewing and revising estate planning documents is often necessary to provide a comprehensive plan. This session will outline key questions to spot and understand, to better support clients, and to avoid potentially problematic pitfalls for clients with elder law related issues.
Jill M. Sauber

103
Case Studies in Estate Planning for Retirement Benefits: Real Life Situations after SECURE
What estate planning solutions are best for the client whose major asset is an IRA or other retirement plan, now that SECURE has taken away the life expectancy payout for most beneficiaries? The client’s short menu of options for leaving benefits to the surviving spouse, minor child, other children, disabled beneficiary. Are there “outside the box” replacements for the stretch IRA?
Natalie Choate

104
Judicial Perspectives on Probate and Estate Litigation
Judge Philip Carruthers, Judge Robert A. Docherty, Judge Sara R. Grewing, Sonny F. Miller, Alan I. Silver & Pamela D. Steinle

105
Special Needs and Pooled Trusts: How to Keep Them Working Effectively for Our Clients
2-hour session
Geneva E. Finn, Laurie A. Hanson, Reid S. Raymond & Jeffrey W. Schmidt
Lori L. Guzman (moderator)

106
How to Handle the Nuts and Bolts Issues Before the Probate Starts
Ivory Umanah shares practical tips for accessing the home, dealing with house issues, getting the death certificate, finding the will and other documents, securing valuables, dealing with the mail, and more.
Ivory S. Umanah

107
Planning with Irrevocable Life Insurance Trusts
Repeated at #709
William S. Forsberg & Jody A. Cohen Press 

108 – PARALEGAL TRACK
S Corporations in Estate Planning
Not for Attorney CLE credit
Nicholas J. Kaster & Jeffrey S. Waldron 

11:30 – 11:45 a.m.
BREAK

11:45 a.m. – 12:45 p.m.
BREAKOUT SESSION B

Special Needs and Pooled Trusts: How to Keep Them Working Effectively for Our Clients (continued)

201
Your First Will and Trust: Key Considerations When Drafting Your First Will and Trust
Omni N. Kiecker

202
Small Estates Panel: Examining Perplexing Planning and Administration Problems
The panel will use hypothetical client situations to illustrate and discuss planning and administration issues relating to management of income tax basis by terminating old credit shelter trusts; handling creditors’ claims and insolvent estates; planning for recreational properties held in LLCs; planning for disabled beneficiaries; and ethical and practical challenges presented by these issues.
Theresa M. Kowalski & Mary Frances M. Price
James T. McNary (moderator)

203
Making Retirement Benefits Payable to Trusts
Whether, when and how to name a trust as beneficiary of your client’s retirement benefits after SECURE, including complying with the IRS’s minimum distribution trust rules, plus how the “DNI” rules apply to “IRD” and when to use multiple trusts.
Natalie Choate

204
The Top 10 Things That Cause Litigation in Probate Cases
From fiduciary failures to multiple marriages, litigator David Crosby reveals the top 10 issues that lead to litigation in probate cases and shares tips for avoiding the courtroom.
David R. Crosby

205
Life and Death: Estate Planning Strategies for Health Savings Accounts
Health Savings Accounts are becoming extremely popular vehicles to accumulate savings to pay for medical expenses tax free during retirement. For estate planning attorneys, this means more attention needs to be paid to these accounts in the planning process during lifetime to avoid unpleasant surprises after death. This session will cover how to incorporate Health Savings Accounts into your estate planning processes during your client’s lifetimes, while ensuring they are distributed in the most tax efficient manner possible after death.
Ryan McKeown

206 – PARALEGAL TRACK
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 session 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.
Nicole S. Frank & Amy M. Halloran

12:45 – 1:45 p.m.
BREAK

1:45 – 2:45 p.m.
BREAKOUT SESSION C

301
Your First Health Care Directive and Power of Attorney
Melissa Hagstrum Bayne 

302
Do You Need Answers to Those Tough Social Security Questions?
Many Americans depend on Social Security to be the foundation for their retirement income but not everyone understands how Social Security benefits work. Deciding when to start Social Security benefits is one of the most crucial decisions affecting the financial security of your client. With over 25 years of experience with the Social Security Administration, Public Affairs Specialist Rhonda Whitenack will provide an overview of retirement benefits, how to grow your retirement benefit and the various filing strategies. She will explain the often misunderstood spouse and divorced spouse’s benefit, widow/widowers benefits, and how much your family can receive if you pass away. Learn about the inner workings of Medicare Parts A, B, C and D and how higher income clients may have to pay a higher Medicare premium. Explore the Social Security Administration’s interactive online tools and resources by opening a My Social Security Account.  Here you can verify your client’s earnings and provide accurate benefit calculations using the personal online benefit calculator. Chances are you have clients who are receiving Social Security benefits or who are looking for information on how to get a replacement SSA-1099 tax form. Maybe they need a replacement Social Security card or federal Income tax withheld from their benefits. We know that navigating Social Security's programs can be overwhelming and in this Social Security session you will learn how easy it is to use these interactive online tools and resources to ensure your client is in control of their financial future.
Brian Rudolph & Rhonda Whitenack

303
Large Estates Panel: What to Do in Anticipation of the 2020 Election – Act or Wait?
Bradley J. Frank, Courtney A. Grimsrud & Laura Halferty
Michael P. Sampson (moderator)

304
Litigation and Planning Surrounding Family Businesses
Randy G. Gullickson & Rodney J. Mason

305
Trustee Liability and the Enforceability of Exculpatory Clauses
Serving as a trustee can be a very rewarding role, but it can also be a thankless job with a high potential for liability. This session will cover trustee liability with a specific focus on the enforceability of exculpatory clauses. We will address the different standards applicable to individual and corporate trustees, exculpatory clause drafting techniques, relevant case law, and litigation strategies.
Jesse C. Beier & Joseph J. Cassioppi

306
2020 Probate Panel
William R. Asp, Andrea S. Breckner, Cynthia R. Costello, Daniel R. Donovan & Julie Peterson
Susan J. Link (moderator)

307
The Art of Ethical Practice for the Estate and Trust Lawyer: The Usual Suspects
1.0 ethics credit applied for
Join us for an entertaining and educational discussion on some of the most common ethics follies, traps and pitfalls experienced by estate and trust attorneys. We'll look at ethical scenarios played out on the big screen and in real life that you need to know about, including: conflicts of interest, confidentiality, client communication, competence, attorney fees and more.
Rachel M. Dahl & Jennifer J. Elston

308
Medical Assistance (MA) Update 2020
Amber M. Hildebrandt & Julian J. Zweber

309 – PARALEGAL TRACK
The Effective Probate and Trust Paralegal: 10 Key Tips for Finding the Information You Need 
Not for Attorney CLE credit
Jennifer L. Gilk & Nikki Hermanson

2:45 – 3:00 p.m.
BREAK

3:00 – 4:00 p.m.
BREAKOUT SESSION D

401
Your First Probate: How to Manage Important Timelines and Deadlines
Paul D. Funke

402
Big Changes to the Guardianship and Conservatorship Statutes: A Practitioner's Guide
Robert A. McLeod

403
Wealth Transfer to Minors – Planned Gifts and Intestate Inheritance
This session will address considerations for common and uncommon planning vehicles for wealth transfer to minors, including minor’s trusts, UTMA accounts, 529 plans and other techniques.
Caitlin E. Abram & Lauren G. Barron

404
10 Keys to an Effective Elder/Estate Mediation
As elder parents are living longer, adult children are taking a more active role in decision-making for their parents. This can result in conflicts between adult children and mom or dad, as well as between siblings. Mediation is an alternative to costly and emotional litigation for families. Presenters will discuss best mediation practices in elder, estate planning, and guardianship/conservatorship mediation, including selection of a mediator, role of counsel, appropriate referrals, use of pre-mediation phone calls, stages of the mediation process, and how elder mediation differs from mediation practice in other areas.
Alan B. Bachman & Janeen L. Massaros

405
How to Deal with a Client’s Special Assets
The assets that pose the largest challenge from an estate planning perspective are special assets, including business entities, international assets, unusual real estate interests (e.g., mineral interests, crops, conservation easements, and CRP land), and valuable tangible personal property (e.g., firearms, art, classic cars, boats, and planes). This session will explore how to ask the right questions to identify the existence of these special assets and how to properly plan for them.
Matthew J. Shea & Edward H. Tully

406
Probate Tales of Success and Failure – Statewide
Margaret “Pook” Grathwol & Ruthanne Hedstrom Vos

407
How to Avoid and Resolve Conflicts of Interest in Estate Planning Matters
1.0 ethics credit applied for
Susan M. Humiston 

408
The SECURE Act: Where Do We Go from Here?
Repeated at #609
Bryan Jamison 

409 – PARALEGAL TRACK
How to Prepare a Final Account
Not for Attorney CLE credit
Cynthia R. Costello

4:00 – 4:15 p.m.
BREAK

4:15 – 5:15 p.m.
BREAKOUT SESSION E

501
Your First Irrevocable Trust
Jayne E. Sykora

502
On the Edges of Capacity – Implications for Estate Planning
What should an attorney do when facing a situation in which a person’s capacity is in doubt? Whether a child wants to protect a vulnerable parent, or a person wants to establish that they have the ability to make their own decisions, working at the edge of capacity includes pitfalls for attorneys. What steps should attorneys take when a guardianship/conservatorship is considered, what tools other than guardianships/conservatorships are available for protecting vulnerable people, and what can attorneys do to protect against future claims of lack of capacity?
Brian A. Dillon & Marya P. Robben

503
Two of a Kind: Strengthening Your Hand by Pairing a SD Trust with a SD LLC
Timothy W. Billion & Patrick G. Goetzinger
Adam C. Stern (moderator)

504
How to Manage Probate and Estate Litigation in Minnesota and Surrounding States
Berly D. Nelson, Jennifer A. O’Neill & Denise S. Rahne 

505
Addressing Addiction and Mental Health in Estate Planning
Estate planning for families who have loved ones that struggle with substance use disorder (ie: addiction and/or alcoholism) or mental health issues can be emotionally and mentally difficult for both client and attorney. This session will discuss how to effectively facilitate conversations with clients that are productive and empathetic, and will also discuss approaches to trust planning that allow families to plan in a way that promotes their loved one’s recovery, and does not enable their use.
Rachel T. Schromen

506
Answers to the Top 10 Questions Received by Probate Registrars
Minnesota probate registrars will answer the questions they receive most often on what to do and when/how to do it in Minnesota informal probate proceedings.
Darla Busian, Laura J. Stevens, Barbara Peterson & Peggy Zdon
Jaclynn M. Sparby (moderator)

507
Elimination of Bias: Navigating and Embracing Generational Differences
1.0 elimination of bias credit applied for
Lawyers work every day with clients, colleagues, and staff of different ages and generations.  Each generation has its own distinct perspective on life and work. These differences can be fodder for bias and conflict when generations collide. Understanding generational differences and appreciating the contributions of each generation can go a long way to reducing bias and conflict related to age in multi-generational situations. What's your generational IQ?  Find out in this interactive and informative session exploring generational differences.
Leslie Sinner McEvoy

508
Emptying the Estate of the Items Nobody Wants
Hummel figurines, antique tables, crystal serving dishes; most estate documents indicate how to handle the PROMINENT items of an estate, but what about the leftovers? What should your clients do with the estate items that NOBODY WANTS? How do you establish REALISTIC worth of a family heirloom? What is the most efficient process to get RID of all of the estate leftovers? Join us and gain some insight for your clients on how to "empty the house," and avoid drowning in the mess that gets left behind.
Sonja Birkeland & Sarah B. Sicheneder

509 – PARALEGAL TRACK
Don’t Overthink It; Don’t Underthink It – Paralegal Panel
Not for Attorney CLE credit
Jana L. Quast & Annie White
Cindy R. Costello (moderator)

Day 2 – Saturday, October 17

7:30 – 8:00 a.m.
JOIN ONLINE

8:00 – 9:00 a.m.
BREAKOUT SESSION F 

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

602
Life Insurance 101 – Tips and Traps in Understanding Life Insurance and Working with Life Insurance Agents
Jennifer L. Gilk & Nancy S. Hansen

603
DING Trusts under Fielding
A Delaware lawyer and a Minnesota lawyer will team up to explain the opportunities and pitfalls of using a self-settled asset protection trust to avoid state income tax. Delaware Incomplete-gift, Non-Grantor (DING) trusts were developed in Delaware in the early 2000’s as a way for a resident of a state with a high state income tax to transfer income-producing assets to a trust in a state with a lower (or no) state income tax, without using gift tax exemption and without giving up the ability to benefit from the assets.  The strategy can also be implemented in other states that authorize self-settled asset protection trusts, such as South Dakota and Nevada.  Until 2018, this strategy was unavailable to residents of Minnesota, but the Minnesota Supreme Court’s decision in the Fielding case may have opened the door.
Trisha W. Hall & Cameron R. Seybolt

604
Avoiding Family Friction: Identifying and Mitigating Potential Flashpoints
A survey of issues that frequently lead to conflict among family members. Topics discussed will include dealing with tangible personal property, intrafamily loans and advances, cabins and hunting land, business interests, and farmland as well as checklists practitioners can use to facilitate discussions of these thorny subjects with clients.
James T. McNary 

605
Just, Fair, Reasonable, and Necessary – The Current Landscape of Attorneys’ Fees in Probate Court Proceedings
The panelists will discuss the current law regarding recovery of attorneys' fees and costs in probate court proceedings, including the differing legal standards and procedures required for recovery in probate, trust, and guardianship and conservatorship litigation. The panelists will address recent developments, such as the Lund case, and common pitfalls. Along with an examination of applicable statutes, case law, and court rules, the panelists will share their practical insights and current trends they are seeing in the courts with respect to fee requests.
Susan A. King, Kim Ruckdaschel-Haley & Alan I. Silver
Kirstin E. Helmers (moderator)

606
2020 Update on Trust Decanting and Modifications
An in-depth update on trust decanting and modification rules, best practices, what people are doing currently, and recent cases.
Christopher B. Hunt, Dale J. Schoonover & David J. Shannon

607
A Checklist for Successful Farm Transition Planning
Attorney Chris Roe provides valuable practice tips for developing transition plans for farmers and farmland owners.
Christopher M. Roe

608
How Millennials Will Change 3 Key Ethics Concepts
1.0 ethics credit applied for
The most talked about generation in a long time is bringing a changed mindset to the practice, and that’s good. And there’s a big chance that the changed way of approaching the practice is going to morph some key ethics concepts. In this program, Stuart Teicher, “the CLE Performer” will provide a warning to all – the changers and the changees. He’ll focus on the impact of Rule 1.4 Communication, 5.1 Supervision, and 2.1 Advisor.
Stuart I. Teicher 

609
The SECURE Act: Where Do We Go from Here?
Repeat of #408
Bryan Jamison

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, Taylor Kaspar, Philip J. Ruce, Jeremy P. So & Letty M-S Van Ert
Kimberly A. Prchal (moderator)

702
S Corps in Estate Planning
Nicholas J. Kaster & Jeffrey S. Waldron

703
Understanding the Trust Income Taxation of Various Irrevocable Trusts Holding IRAs Assets Funded After the Secure Act Effective Date
The impact of the accelerated distribution requirements on the operations of the trust terms will be explored. 
Marcia E. Urban 

704
The Culture Trap: Addressing the Blind Spot of Planning for Families
We all know that perfect plans must be implemented by imperfect people. How can the estate planning attorney (and other professionals) increase the probability that their planning will not only reduce taxes but enhance the personal well-being of the families they serve?
Matthew W. Wesley

705
The Use (and Abuse) of Injunctive Relief in Trust Litigation
The presentation will cover, among other things, the standard for obtaining temporary injunctive relief, the interplay with Minnesota’s UTC injunctive relief provisions, the scope of injunctive relief available in trust litigation, and associated strategic and tactical considerations.
Judge Martin S. Fallon & Julian C. Zebot 

706
2020 Trust Officer Panel
A panel of local corporate trustees respond to estate planning attorney questions, covering best practices in drafting and trust administration.
Carissa W. Brown, Barry A. Kelner, Jason W. Schuller & Sarah N. Sonday
Sharma Foley Affeldt (moderator)

707
Post-Death Division of Agricultural Assets
Attorney and CPA, Toni Sandin, explains the tax implications of various post-death agricultural assets. You will learn which assets are IRD, which assets receive a step-up in basis, how to analyze life estates for farmland, and other tips and traps for estate planners dealing with agricultural assets.
Toni M. Sandin 

708
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, Marya P. Robben, Sarah B. Sicheneder & Pamela D. Steinle
Jennifer S. Santini (moderator)

709
Planning with Irrevocable Life Insurance Trusts
Repeat of #107
William Forsberg & Jody Cohen Press 

10:15 – 10:45 a.m.
BREAK

10:45 – 11:15 a.m.
2020 MN Legislative Update
A fast-paced review of estate planning related developments in the 2019 legislative session.
Adam J. Rohne & Cameron R. Seybolt

11:15 – 11:30 a.m.
MSBA Probate and Trust Law Section Meeting

11:30 a.m. – 12:15 p.m.
How Good Lawyers Get into Bad Ethical Trouble
.75 ethics credits applied for
The scariest stories that lawyers hear are those tales where responsible lawyers who care about acting in an ethically appropriate way end up getting into disciplinary trouble. In this session, Stuart Teicher, Esq., “the CLE Performer” reviews key rules that most lawyers sort-of know, but might not appreciate in detail. Learn the key things to watch out for in misrepresentation (Rule 4.1), conflicts (Rule 1.7), reporting misconduct (Rule 8.3), and more. You’ll leave this seminar a safer, stronger attorney.
Stuart I. Teicher

12:15 – 12:30 p.m.
Demonstration of Minnesota CLE’s New Automated Drafting Wills Platform
Michael P. Sampson

12:30 – 1:00 p.m.
BREAK

1:00 – 2:00 p.m.
Ethical Limitations on Lawyers’ Superpowers
1.0 ethics credit applied for
Did the drafters of our ethics code believe that lawyers are superheroes? It seems so. In this unique program, Stuart Teicher, Esq. (the “CLE Performer”) weaves together talk of superpowers, superheroes, and other fun stuff to explain important ethics rules and explore both the breadth and limitations on a lawyer’s power. Topics Include: The allocation of decision-making authority between lawyer and client (Rule 1.2); The rule about withdrawing from representation (Rule 1.16); Our duties as an advisor (Rule 2.1).
Stuart I. Teicher

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
Bias Has Been Eliminated…Hypothetically Speaking
1.0 elimination of bias credit applied for
The occurrence of stereotypically outlandish bias has decreased in recent years (thankfully). But that doesn’t mean that we’ve eliminated bias from the profession. In fact, it unfortunately continues to exist in more subtle ways. Join the “CLE Performer,” Stuart Teicher, Esq., as he explores implicit bias, uses several hypothetical examples to reveal how bias manifests itself in the practice…and gives a few ideas about what lawyers can do to eliminate it from the profession.
Stuart I. Teicher

Post-Conference Webcasts

The learning continues even when the conference is over! Following the conference, all attendees may view 3 webcasts for free and receive 3 additional CLE credits. Instructions for how to register will be provided to attendees of the conference.

Charitable Gifts and Trusts: The Top 5 Things Attorneys Should Know
Sheryl G. Morrison & James R. Thomson

How to Use CLEWills
Michael P. Sampson

Irrevocable Trusts and the Interplay with MA Benefits
Jessica T. Lindstrom & Jill M. Sauber

LIVE WEBCAST
Friday & Saturday, October 16 & 17, 2020
Attend online

IN-PERSON REPLAYS
There are no in-person replays.

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

Other discounts that may apply:

• Season Pass Discount
  
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

CREDITS – CONFERENCE
Minnesota CLE is applying to the Minnesota State Board of CLE for 12.25 CLE credits, including 1.75 ethics credits and 1.0 elimination of bias credit. We anticipate that sessions #307, #407 and #608 each will qualify for 1.0 ethics credit, and that sessions #507 and #708 each will qualify for 1.0 elimination of bias credit. The maximum number of credits viewers may claim for this conference is 12.25 credits, not including the post-conference webcasts.

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 – POST-CONFERENCE WEBCASTS
Minnesota CLE is applying to the Minnesota State Board of CLE for 1.0 standard CLE credit for each post-conference webcast.

Course materials will be provided electronically. Included in your materials are electronic versions of the following:

• InFORMed Annotated Document on Irrevocable Life Insurance Trusts
  
• Legal QuickSheet on Capacity
• Legal QuickSheet on Attorneys’ Fees in Probate Court Proceedings