Live Simulcast Seminar
ITEM #:  2138292201   |   EVENT CODE:  455909

You need to select the live simulcast option when registering.

You may use your Pass to register for the live simulcast at no charge.


Monday, June 13, 2022 - Tuesday, June 14, 2022

8:45 AM - 5:00 PM

NOTE: Even if you wish to attend Day 1 in-person, you need to select the live simulcast option when registering.
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.

COVID safety guidelines for this event may be found HERE.

2022 Probate and Trust Law Section Conference

Minnesota’s Biggest and Best Estate Planning Event!

This Year’s Conference Will Feature:

  • A Hybrid Delivery Format
  • NEW Developments – Annual Updates on New Laws, New Rules, New Cases, and New Trends
  • More than 40 Sessions – All Designed to Provide Practical Analysis, Tips, and Strategies
  • Helpful Written Materials
  • Online Access to View All Sessions for One Year (for educational content, not additional CLE credit)
  • 3 Bonus Post-Conference Webcasts
  • And Much More!

5 Special Guest Speakers from Across the Country Join the 2022 Conference Faculty:

  • Jeffrey S. Dible
    Frost Brown Todd LLC; Indianapolis, Indiana
  • Wendy S. Goffe
    Stoel Rives LLC; Seattle, Washington
  • Richard W. Nenno
    Young Conaway Stargatt & Taylor, LLP; Wilmington, Delaware
  • Mary F. Radford
    Georgia State College of Law; Atlanta, Georgia
  • Suzanne Brown Walsh
    Murtha Cullina; Hartford, Connecticut

The 2022 Conference Will Be a Hybrid Event – Choose the format that works for you!

  • Day 1 – Monday, June 13, 2022
    Attend in-person at the St. Paul RiverCentre 
    Attend online
  • Day 2 – Tuesday, June 14, 2022
    Attend online

PLEASE NOTE: When you register – even if you wish to attend Day 1 in-person – you’ll need to select the “live simulcast” option. You won’t need to do anything to your registration to attend Day 1 in-person. We will contact you closer to the event to confirm your attendance preference. 

All times listed are CDT.

Day 1 – Monday, June 13, 2022

Attend online -or- attend in-person at the Saint Paul RiverCentre.

8:00 – 8:45 a.m.
provided for in-person attendees at the St. Paul RiverCentre
sponsored by Alerus

8:45 – 9:00 a.m.
– Michael P. Sampson & Tim Morrow

9:00 – 9:45 a.m.
2022 Non-Tax Case Law Update
An in-depth review of all Minnesota and national published and unpublished probate and trust cases that provide relevant insight into our practice of law in Minnesota.
– Robert A. McLeod 

9:45 – 9:50 a.m.

9:50 – 10:20 a.m.
2022 Legislative Update
A fast-paced review of estate-planning-related developments in the 2022 legislative session.
– J. Steve Nys & Cameron R. Seybolt

10:20 – 10:25 a.m.

10:25 – 11:10 a.m.
2022 E-Wills Update with Insights from Indiana
An update on legal and technical developments related to electronic wills in Minnesota. Plus, insights from Jeffrey Dible, a lawyer from Indiana where e-wills have been legal since 2018.
– Jeffrey S. Dible & J. Steve Nys 

11:10 – 11:15 a.m.

11:15 a.m. – 12:15 p.m.
Trusts for Beneficiaries with Addiction and Mental Illness Issues
The prevalence and manifestations of addiction and mental health diseases significantly complicate estate planning. Lawyers, investment and insurance advisors, and accountants need to be aware of the prevalence and myriad manifestations of addiction and mental illness to be able to address how such disorders can be handled in a family’s financial, insurance and estate planning. One professional cannot solve the problem, but each can be part of a team of professionals that provides client-specific, nuanced planning that is holistic in approach. Early planning that incorporates the professional guidance of treatment and health care professionals is ideal, but it may be unattainable. Any professional team can often be guided, in part, by a trust agreement so that family wealth is used to promote the safety and welfare of beneficiaries by advancing their individual self-efficacy, and the health of the family. A well-drafted trust can go a long way toward helping an addicted beneficiary and their family through the stages of recovery, relapse, or the choice not to seek treatment. This program highlights the threshold issues and plan mechanics you need to know before creating an estate, financial or insurance plan for a client or beneficiary suffering from addiction or other mental health challenges.
– Wendy S. Goffe 

12:15 – 12:30 p.m.
– Michael P. Sampson

12:30 – 1:30 p.m.
provided for in-person attendees at the St. Paul RiverCentre
sponsored by First Trust Company

1:30 – 2:30 p.m.
State Taxation of Trusts: Minnesota, the Dakotas, Iowa, Wisconsin, Michigan and Beyond
Planning for state income taxation of trusts is a critical aspect of the estate-planning process. If done well, it can produce substantial benefits; if done poorly, it can produce substantial costs. Mr. Nenno will:

  • Survey how all 50 states and the District of Columbia tax trust income
  • Summarize the constitutional limitations on such taxation following the U.S. Supreme Court’s Kaestner decision
  • Describe the rules in Minnesota and other key states
  • Consider planning for new and existing trusts
  • Address several related issues

– Richard W. Nenno 

2:30 – 2:45 p.m.

2:45 – 3:45 p.m.
Understanding Minnesota’s Racial Wealth Gap
1.0 elimination of bias credit applied for
Sondra Samuels, President and CEO of the Northside Achievement Zone, an organization focused on ending multi-generational poverty through education and family stability, explains how “opportunity gaps” in education, housing, employment, and health have contributed to Minnesota’s persistent and growing racial wealth gap. She will also share what can be done on governmental, community and individual levels to close the gap.
– Sondra Samuels

3:45 – 4:00 p.m.

4:00 – 5:00 p.m.
The Jedi Council – Reflections, Insights and Predictions
Five senior trusts and estates attorneys discuss how the practice has changed over the years, what they wish they had known when they began practicing, what trends they’re seeing now, and what the future may hold for the practice.
– William J. Berens, Andrea S. Breckner, William J. Brody, James W. Rockwell & Mary E. Shearen
– R. Hugh Magill (moderator)

5:00 p.m.
Join your friends and colleagues at 5:00 p.m. for the Conference reception.
sponsored by Wells Fargo Private Bank

Day 2 – Tuesday, June 14, 2022

Attend online only.

8:15 – 8:50 a.m.

8:50 – 9:00 a.m.

9:00 – 10:00 a.m.

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

– Letty M-S Van Ert

What If Granny Wants to Gamble: Balancing Autonomy and Vulnerability in the Golden Years

The nest-eggs of America’s elders are in the cross-hairs of scammers and fraudsters who target elders, particularly women, due to the frailties that often accompany aging. This session will aid estate planning professionals in recognizing the most common scams so that they can pass this information on to their clients. Additionally, the session will explore the challenges that advisors and lawmakers face in protecting these potential victims without unnecessarily trampling on their right to self-determination.
– Mary F. Radford

Cyber Estate Planning: What to Do About NFT’s, Bitcoin and Whatever Comes Next!

Like it or not, more and more clients own and invest in digital assets and collectibles. This session will review basics of cryptocurrency and NFT’s and how they differ from traditional assets. In addition, it will cover income tax guidance and compliance rules, how best to address a client’s cyber assets in wills, trusts and financial powers of attorney, valuation issues, and charitable donations.
– Suzanne Brown Walsh

10:00 – 10:15 a.m.

10:15 – 11:15 a.m.

Your First Will and Trust: Key Considerations When Drafting Your First Will and Trust

– Omni N. Kiecker

The 2022 Small Estates Panel: Current Problems and Solutions in Planning for the Small Estate

This panel of experienced estate planning attorneys will discuss the current challenges in planning and administrating the small estate.  Learn the most common problems and issues they are seeing and the solutions they have crafted to create successful plans for their clients.
– Shari P. Fischer, Jody A. Cohen Press & Philip J. Ruce
– James T. McNary (moderator)

10 Facts You Should Know About the Minnesota and Federal Estate Tax

Your clients might be surprised to find out that the Minnesota or federal estate tax applies to their estate. While most estates will not incur federal estate tax because of the high exemption amount ($12.06 million per person in 2022), the Minnesota exemption amount is much lower ($3 million). Even if your client’s estate is not large enough to owe federal or state estate tax, you will want to understand these laws to properly advise your clients. This session will explain the Minnesota and federal estate tax systems and will provide basic strategies for limiting your client’s estate tax exposure. This session will also discuss the Federal 706 and the Minnesota M706 forms.
– Alison J. Midden

Succession Planning Techniques for the Closely-Held Business 

One of the biggest challenges for business owners is succession and estate planning to ensure their businesses are managed properly during life and upon their death. This session will focus on important things to consider when representing your client or their business and working with business owners to ensure that their closely-held business succession goals and objectives are met – whether that means transferring it to family during their lifetime or upon their death, selling it to key employees, or selling it to a third-party.
– Joshua C. Hillger

May the Fourth Be with You: Practice Pointers from the Hennepin County Probate Bench

Judicial officers from the Fourth Judicial District share their insights and advice for probate administration and litigation attorneys appearing in Hennepin County Probate/Mental Health Court in 2022.  Learn tips and best practices for everything from decrees of descent to special administrations to Zoom appearances.
– Referee George F. Borer, Judge Philip C. Carruthers, Referee Danielle C. Mercurio & Referee Lori D. Skibbie
– Kirstin E. Helmers (moderator)

Establishing and Administering Supplemental and Special Needs Trusts 

Typically, estate planning perspectives are directly related to death or dying. However, for families with children with disabilities, the perspective is more properly related to life planning. Supplemental Needs Trusts and Special Needs Trusts can be used to benefit people with disabilities by supplementing and managing their resources while maintaining their eligibility for public assistance benefits. Learn the differences and special uses for these two trusts. Also, this session will address drafting and funding considerations as well as issues regarding administration.
– Brenna M. Galvin 

4 Ways to Transfer Real Estate as Part of an Overall Estate Planning Strategy

Real estate is typically the most valuable asset owned by individuals. Ownership of real estate can take on many forms and conveys specific duties and rights based on that ownership. This session will explore planning strategies for transferring real estate. Topics include:

  • Transfer on Death Deeds
  • Life Estates
  • Revocable Trusts
  • Wills

– Callyn T. Bedker

Have I Got a Deal for You: Flat Fees vs. Hourly Retainers

1.0 ethics credit applied for
Bloggers, pundits, and trend-watchers all herald flat fees as the future of selling legal services. But what's so bad about hourly fees? This session will compare the two types of fee agreements and discuss the ethics and best practices for collecting both types of fees.
– Eric T. Cooperstein

11:15 – 11:30 a.m.

11:30 a.m. – 12:30 p.m.

Your First Health Care Directive and Power of Attorney

– Melissa Hagstrum Bayne

SECURE Act: Rethinking Estate Planning with Retirement Accounts

Using fact scenarios that may arise in your practice, this session features an updated analysis of the continued impact of the SECURE Act on post-death distributions from qualified retirement accounts and will explore various planning strategies and options to effectively structure these distributions for your clients.
– Bryan Jamison

Making Sense of the Federal Gift Tax

Knowledge of the federal gift tax is essential for attorneys who assist clients with their estate plans, and yet it is often misunderstood and comes as a surprise to clients who want to transfer wealth to family members. This session will explain what the federal gift tax is and how it works. This session will also:

  • Identify transfers that are subject to the gift tax, and which are not
  • Describe key compliance and reporting requirements for the gift tax
  • Identify planning opportunities with the gift tax
  • Recognize that the gift tax is based on the value of the transferred property

– James T. McNary

What to Give: Charitable Gift Planning with a Variety of Assets

This session will provide an overview of various assets that can be used for charitable gift planning, some of the benefits and drawbacks of gifting with each asset type, and particular planning opportunities with certain assets.  Topics covered will include tax considerations relevant to specific assets, appraisal requirements, and practical challenges.  The discussion will focus on commonly gifted assets including cash, retirement accounts, marketable securities, life insurance policies, real estate, and artwork.  We will also touch on gifts of other tangible property, intellectual property, and interests in privately held companies.
– Tessa R. Mielke

Evidentiary Issues Unique to Trusts and Estates Litigation

A discussion of the most common evidentiary considerations and challenges that trusts and estates litigators face, including: witness availability and memory, parol evidence, the dead man's statute, how hearsay applies in trust and estate trials, and evidence that can be solicited from and through a drafting attorney. Join this panel of experienced litigators as they discuss these evidentiary questions and provide practical tips for getting evidence admitted even under the unique circumstances presented by trust and estate disputes.
– Brian A. Dillon, Casey D. Marshall & Jennifer L. Olson
– Denise S. Rahne (moderator)

Drafting for Incapacity: The Trustee’s Perspective on Trust Administration Challenges When Capacity Is at Issue

A panel discussion of Attorneys and Trustees discussing the importance of considering Grantor incapacity and how a Trust and its assets and distributions would be managed.  The panel will discuss looking at language in trusts and critically considering how boiler plate language may or may not ensure the grantor’s wishes and goals are achieved in the event of incapacity. Plus, tips to fulfill grantor intent and things to avoid when drafting capacity language in Trusts.
– Erin E. Boerschel, Jessica T. Lindstrom & Eleanor A. Robinson
– Joshua C. Hillger (moderator)

2022 Probate Panel

The panelists share their insights on important probate matters in 2022.
– William R. Asp, Andrea S. Breckner, Daniel R. Donovan, Tina M. Johnson & Lindy C. Scanlon
– Susan J. Link (moderator)

Advising Clients with Dementia and Other Memory Impairments

1.0 ethics credit applied for
Clients with memory loss pose special challenges to representation, whether it be dealing with family and caregivers, assessing capacity, or simply keeping the appropriate persons informed of the status of the client. This session will walk through common ethical issues lawyers may encounter such as: diminished capacity, undue influence, conflicts of interest, and more.
– Karin K. Ciano

12:30 – 1:00 p.m.

1:00 – 2:00 p.m.

Your First Probate: How to Manage Important Timelines and Deadlines

– Paul D. Funke

Planning for Transgender Clients and Family Members

The issues of identity and status are vital to understanding the estate planning concerns of transgender people. This presentation will provide an overview of the issues that are specific and unique to transgender people when creating an effective estate plan and the potential consequences of creating one. This presentation will also provide basic information about transgender people and their estate planning needs, along with suggestions for how to effectively address the unique needs of transgender clients. This presentation will also provide an overview of relevant estate planning and probate issues and suggestions on how to draft effective estate plans for transgender people.
– Wendy S. Goffe

A Hop, Skip, and a Jump: A Short Primer on the GST Tax 

This session will provide an overview of the generation-skipping transfer tax, including its application to transfers in trust and outside of a trust. Explore such topics as the generation assignment (including the move-up rule for a predeceased parent), the GST annual exclusion, the allocation of the GST exemption (including the automatic allocation rules), and reporting GST transfers on Forms 706, 709, 706-GS(T), and 706-GS(D). Also, this session will review more complex GST problems and areas where the law is uncertain or unclear, including a discussion about the modification of grandfathered trusts, the Private Letter Ruling process, and other lessons learned by our two estate planning experts.
– Tessa R.  Mielke & Sonny F. Miller 

2022 Large Estates Panel

Join a panel of experienced planners for their insights on the latest planning techniques for large estates.
– Jolene M. Cutshall, Sheryl G. Morrison & Cameron R. Seybolt
– Michael P. Sampson (moderator)

Litigating the Legacy of the Family Farm

Probate and trust litigation involving family farms can bring about a whole host of issues. For instance, if at least one of the children has been farming the land alongside the decedent they may think that they are entitled to inheriting the farm, since they have helped build it, work it and invested in it.  However, the non-farm heirs desire their share, too. A resolution to these competing interests is necessary, but in the meantime, the farm is still in operation and financial decisions must be made. This session will explore the unique and complex issues that arise in estates litigation concerning the legacy of a family farm. 
– Berly D. Nelson & Timothy G. Richard

A Thin Line Between Love and Reciprocate: Drafting to Avoid the Reciprocal Trust Doctrine

This presentation will review situations where the reciprocal trust doctrine has been found to apply and provide practical tips and strategies on how to avoid its application.
– Katherine A. Charipar

Elimination of Bias: Combating Ageism by Transforming Your Practice

1.0 elimination of bias credit applied for
Ageism is a pervasive form of bigotry and can find its way into everyday practices without our conscious awareness. Mitigating and eliminating ageism can begin by transforming your practice by utilizing age-friendly principles and practices you can easily implement. This session will provide you with an overview of ageism and reframing aging as well as practical ideas and tools to assess current policies and practices, develop an action plan based on the assessment, and evaluate your progress.
– Dr. Rajean Moone, Ph.D. 

2:00 – 2:15 p.m.

2:15 – 3:15 p.m.

Your First Irrevocable Trust

– Jayne E. Sykora

2022 Medical Assistance Update

Insights from two medical assistance experts on the latest developments.
– Amber M. Hildebrandt & Julian J. Zweber

Fiduciary Income Tax Refresher – Top 10 Tax Planning Tips for Drafting and Administering Trusts 

In this session, learn from a CPA on the tax saving strategies available with various types of trusts. Also, refresh your knowledge on the tools available to reduce income taxes overall for the trust, estate, or beneficiaries.
– Derek M. Dockendorf

Developing an Estate Plan That Includes Charitable Giving and Trusts: A Scenario-Based Discussion

This session will review the tools and ways you can assist your clients in creating a legacy through philanthropy and charitable giving. Join our panel of experts in this scenario-based session as they discuss what planning they would recommend for various circumstances. Learn more advanced estate planning tips and explore what strategies make the most sense for your clients based on common scenarios.
– Matthew J. Frerichs, Laura E. Halferty & Bradley W. Hanson
– Susan J. Link (moderator)

Burdens and Standards in Probate and Trust Litigation and on Appeal

In any civil action you file you must know the burden you carry to prove your case. This is particularly true in probate and trust disputes, where burdens are constantly shifting back and forth depending on the claims being tried. This session will discuss who has the burden to prove particular aspects of a contested will or trust suit and will explain how high the burden is.  We will also review the appropriate standard of review for various claims on appeal and your likelihood of success.
– Joseph J. Cassioppi 

Strategies After Signing: Often-Omitted Next Steps for Revocable Trusts

Learn tips and tricks about implementing an estate plan from the “other side.”  This session is led by two former private practice estate planners who recently joined a family office and have discovered some simple, yet impactful ways to bring value to a client’s estate plan by taking the next step. This session will go beyond the basics of revocable trust funding and explore advanced strategies for specific assets and pitfalls to be aware of after clients have just signed your perfectly drafted plan.
– Caitlin E. Abram & Diana L. Marianetti

10 Things All Estate Planners Need to Know About Farm Divorces

Unlike other closely held business interests, farming operations not only serve as commercial ventures but also as the family home, complicating division of the estate. Considering the longstanding ties to the land that come into play, efforts to preserve the family farm take on renewed importance in a divorce. This session will lead you through 10 important aspects of farm divorce, including non-marital claims, farm income, and assets you may not think to ask about.
– Sonja Trom Eayrs, Jill I. Frieders & D. Patrick McCullough

Ethical Succession Planning for Solo and Small Firm Lawyers

1.0 ethics credit applied for

Are you a solo/small practitioner interested in learning how to properly transition out of practice or plan for succession? Or are you interested in acquiring a firm from a solo/small practitioner?  Do you work with other attorneys and handle probate/estate administration or business transactions?  This CLE panel will cover planning tips, probate pitfalls, ethical considerations, and succession woes about winding up or transferring a practice upon the retirement or death of a solo/small practitioner. Take a break from helping your clients plan for the future, and join us for a discussion on planning for your own.
– Melanie A. Boes, Jill M. Sauber & Binh T. Tuong 

3:15 – 3:30 p.m.

3:30 – 4:30 p.m.

New Lawyer Panel: Advice, Dos and Don’ts, Q and A and Resources

– Alexus M. Anderson, Taylor Kaspar, Mark A.V. Mickow & Letty M-S Van Ert
– Kimberly A. Prchal (moderator)

101 Post-Mortem Estate Planning Techniques

Post-mortem estate planning involves the decisions and elections that a personal representative or trustee makes after someone dies to optimize the implementation of the estate plan. Do you know what post-mortem planning techniques work best and when to use them? Do you know the mistakes to avoid? This session will explore the various post-mortem planning techniques and will provide practical considerations regarding each of the strategies discussed. This session will also discuss how to fix mistakes that are not discovered until after the death of the testator.
– Michael P. Sampson

Planning Opportunities and Techniques to Help Your Clients Navigate Potential Tax Law Changes

This session will provide an overview of the proposed changes to Federal transfer tax laws, as well as an update on the status of those proposals. These proposed changes could significantly impact transfer tax planning strategies available under current law. This session will discuss planning opportunities and techniques to consider in this uncertain environment.
– Edward H. Tully 

Tools You Can Use to Transfer Assets

This session will cover the “mechanics” of beneficiary designations, charitable gifts during a donor’s lifetime and charitable gifts upon death. Explore the tools your clients can use to effectively transfer their assets to charitable entities. This session will take a “hands on” approach to asset transfers by providing examples and assistance in completing specific forms.
– Amanda N. Juelson

Under Oath and Under Pressure: How to Effectively Prepare Your Witness to Testify

Preparing your witness to testify is a critical stage in all litigation, even more so in estate litigation. Properly and ethically preparing your witness requires educating your witness on the protocols of the deposition and trial process as well as the intricacies of the posture of the case, claims and defenses. Planning is key to success. Join two experienced litigators as they explore the art of witness preparation. Learn best practices and strategies, even in the most difficult cases, or challenging witnesses.
– Lisa C. Henry & Frank J. Rondoni

2022 Trust Officer Panel

In this year’s panel discussion, the trust officers tackle the following issues:

  • From start to finish: the process corporate trustees take when onboarding new clients. 
  • What corporate trustees wish drafting attorneys would consider and discuss with clients. 
  • Common misconceptions that clients have about working with corporate trustees as opposed to individual trustees. 
  • Most common situations or intra-family dynamics where a Corporate Trustee should be appointed.

– Jay M. Olson, Jason W. Schuller, Sarah N. Sonday & Ann M. Wilczynski
– Kiley E.P. Henry (moderator)

Trust Planning for Agricultural Land and Assets

Advice from two experienced estate planners on trust planning for agricultural land and assets.
– Matthew J. Shea & James R. Thomson


  • Monday, June 13, 2022
    Attend in-person
    Saint Paul RiverCentre
    175 West Kellogg Boulevard
    Saint Paul, Minnesota
  • Tuesday, June 14, 2022
    Attend online

Monday & Tuesday, June 13-14, 2022
Attend online

PLEASE NOTE: When you register – even if you wish to attend Day 1 in-person – you’ll need to select the “live simulcast” option. You won’t need to do anything to your registration to attend Day 1 in-person. We will contact you closer to the event to confirm your attendance preference. 

Minnesota CLE has established room rates with the Saint Paul hotels listed below. Be sure to identify yourself with the Minnesota CLE 2022 Probate and Trust Law Section Conference to receive these rates, and make your reservations early to ensure room/rate availability.

The Saint Paul Hotel 
$189.00 (plus tax)

350 Market Street
Saint Paul, MN 55102
Reserve by: Sunday, May 15, 2022

Holiday Inn St. Paul Downtown 
$109.00 (plus tax) for the nights of 6/12 & 6/13
$179.00 (plus tax) for the night of 6/14
175 West 7th Street
Saint Paul, MN 55102
Reserve by: Sunday, May 22, 2022

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

Other discounts that may apply:

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.

Minnesota CLE is applying to the Minnesota State Board of CLE for 12.0 CLE credits, including 1.0 elimination of bias credit for the 2:45 p.m. session on Day 1. Minnesota CLE also has applied for 1.0 ethics credit each for sessions 208, 308 and 508 and for 1.0 elimination of bias credit for session 407. The maximum number of total credits attendees may claim for this program is 12.0 credits, not including the post-conference webcasts.


You need to select the live simulcast option when registering.

You may use your Pass to register for the live simulcast at no charge.