Agenda / Content Covered

DAY 1

1. CLIENT SCREENING AND INTAKE
   9:00 - 10:00, John B. Crotts
   1. Clarifying Goals and Forecasting Needs
   2. Assessing Current and Future Assets and Debts
   3. Dealing with Family Dynamics: Past, Present and Future
   4. What to Look for in Reviewing Existing Estate Plans
   5. Sample Info Gathering Forms and Checklists
   6. Determining Your Overall Estate Plan Strategy
      1. for an Estate Not Subject to Estate Tax
      2. for an Estate Potentially Subject to Estate Tax
      3. for an Estate Subject to Estate Tax
2. KEY ELEMENTS OF EFFECTIVE WILLS
   10:15 - 11:15, John B. Crotts
   1. Establishing Statutory Framework
   2. Types of Wills
   3. Testator's Competency - Verifying and Documenting
   4. Beneficiary Designations and Distributions in Retirement Plans and Life Insurance
   5. Titling Assets
   6. Sample Will Provisions
   7. Updating Will Documents
3. BASIC TAX PLANNING AND UPDATES
   11:15 - 12:15, Martin M. Brennan Jr.
   1. Estate Tax Update
   2. Step-up Basis of Various Assets
   3. Gift Tax and Exclusions
   4. Generation-Skipping Transfer Tax
   5. Planning for the Final Income Tax Return
   6. Trust Taxation Basics
   7. Disclaimer Trusts
   8. Crummey Powers and the IRS
   9. Typical Creditors and How to Deal with Them
   10. Simple Tips for Minimizing Tax Burden
   11. Tax Treatment of Trusts
4. DOCUMENTING LONG-TERM CARE, INCAPACITY AND END-OF-LIFE DECISIONS
   1:15 - 2:15, Elizabeth M. Hobson
   1. Medicaid Planning Overview
   2. Long-Term Care Options and Planning in a Nutshell
   3. Special Needs Trusts
   4. Advance Medical Directives
   5. Powers of Attorney
   6. DNR Orders and Organ Donation Considerations
5. PLANNING FOR UNMARRIED AND REMARRIED COUPLES
   2:15 - 3:15, Richard E. Marsh Jr.
   1. Pre- and Post-Marital Agreements
   2. Planning for Children from Previous Marriage(s)
6. BUSINESS SUCCESSION PLANNING
   3:30 - 4:30, Richard E. Marsh Jr.
   1. When the Business is Transferred to the Beneficiary in Full
   2. Buy-Sell Agreement Basics
   3. Business Structure Conversion
   4. Minimizing Tax Burden in Transferring Ownership
   5. Business Valuation and Sale

DAY 2

7. TRUSTS 101
   9:00 - 10:15, Kimberly A. Herrick
   1. Types, Goals and Functions of Trusts
   2. Major Laws Governing Trust Creation and Administration
   3. Who Are the Main Parties? Their Duties and Responsibilities to a Trust
   4. Revocable vs. Irrevocable
   5. Choosing Trust Situs
   6. Trust Funding Basics
8. WHO IS THE FIDUCIARY?
   10:30 - 11:45, Kimberly A. Herrick
   1. Personal Representatives and Trust Officers: Powers and Duties
   2. Helping Clients Pick the Fiduciary(ies)
   3. Your Contact with the Personal Representative
   4. Trust Protectors and Advisers
   5. Fiduciary Liability
9. REVOCABLE LIVING TRUSTS
   12:45 - 2:00, William L. Mills III
   1. Traditional Estate Planning vs. Revocable Trust Planning
   2. Credit Shelter Trusts
   3. Marital Deduction Trusts
   4. Qualified Terminable Interest Trusts (QTIPs)
   5. Drafting Tips and Samples
   6. Common Mistakes to Avoid
10. TRUSTS USED FOR TAX REDUCTION - DRAFTING TIPS AND SAMPLES
    2:00 - 3:15, William L. Mills III
    1. Irrevocable Life Insurance Trusts (ILITs)
    2. Charitable Remainder Trusts
    3. Qualified Domestic Trusts
    4. Qualified Personal Residence Trusts (QPRTs)
    5. Defective Trusts
    6. Education Trusts for Children and Grandchildren
    7. Generation Skipping Trusts
11. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Jason R. Jones
    1. Defining Who Your Client is from the Start
    2. Handling Clients with Diminishing Mental Capacity
    3. Lawyers Acting as Fiduciaries
    4. Estate Status Updates for Clients - Why it Pays Off and How to do it Efficiently
    5. Getting Paid: Billable/Non-Billable Hour and Retainer Agreements
    6. Preventing Unauthorized Practice of Law by Legal Staff

MARTIN M. BRENNAN JR. is the managing partner of Brennan Law Firm, PLLC, which is located in The Park in Huntersville and has been serving the Lake Norman and surrounding areas for almost fifteen years. In addition to being licensed to practice law in North Carolina, Virginia and the U.S. Tax Court, he is also a certified public accountant. His more than 32 years of experience includes three years practicing with a “Big 8” accounting firm and 14 years of experience in both large and medium size law firms primarily in Raleigh and Charlotte. Mr. Brennan is dedicated to using his combined law and accounting skills to help businesses and families determine a strategy to successfully accomplish their goals. He is a member of many various professional organizations, such as the American Bar Association; North Carolina Bar Association - Business Law, Estate Planning & Fiduciary, Small Firm & Technology and Tax sections; the American Institute of Certified Public Accountants - Tax Section; National Academy of Elder Law Attorneys; and the North Carolina Chapter of National Academy of Elder Law Attorneys. He received his B.S. degree from Pennsylvania State University, followed by earning his J.D. from Duquesne University School of Law.

JOHN B. CROTTS is a partner with the firm of King Law Offices PLLC, located in Rutherfordton, North Carolina. Mr. Crotts practices primarily in the areas of wills and estates, elder law, business law, municipal law, and civil litigation. In addition to many other individual and corporate clients, Mr. Crotts currently represents several municipal and local government entities, including the town of Spindale, town of Bostic, Chimney Rock Village, Broad River Water Authority, town of Ruth, and Forest City Housing Authority. He serves on the Board of Directors for the Rutherford County Juvenile Crime Prevention Council and previously served on the Board of Directors for Foothills Credit Counseling, Inc. Mr. Crotts earned his Associates degree from Isothermal Community College; and his B.S. degree, with a major in criminal justice and a minor in sociology, and his J.D. degree from the Appalachian School of Law in Grundy, Virginia. He is a member the North Carolina State Bar, South Carolina Bar, and the North Carolina Bar Association, and admitted to U.S. District Court for the Western District of North Carolina.

KIMBERLY A. HERRICK practices in Cabarrus County as an attorney for Mills Law, P.A., in the areas of estate planning, estate administration and taxation. She is also a CPA and a frequent lecturer for National Business Institute, as well as teaches wills, trusts and estates in Central Piedmont Community College's Paralegal Technology program. Ms. Herrick is a member of the North Carolina Board of Law Examiners and a former professor of basic and advanced taxation at North Carolina Central University School of Law, where she earned her J.D. degree. She earned her LL.M. degree in taxation from Georgetown University Law Center.

ELIZABETH M. HOBSON is president and founder of Special Needs Planning and Wealth Management, LLC, and financial advisor at MorganStanley Wealth Management, specializing in wealth management and distribution, legal and structured settlements, wealth transfer planning/inheritance, trust distribution, special needs planning, and philanthropic gifting. Ms. Hobson holds Series 6, Series 63, Series 65, and Series 7 securities licenses, in addition to life, health, disability, and long term care. She is currently matriculated into the American College, pursuing designation as a chartered advisor in philanthropy (CAP), chartered special needs consultant (ChSNC), and certified financial planner (CFP). Ms. Hobson serves as executive director of Run Too Overcome in Lake Norman, benefiting special needs education; special needs/autism advocate; board member of The BIN, speaker/advocate for United Way of Central Carolinas; and speaker/advocate for Safe Alliance. She has received recognition by Lake Norman Publications for “Outstanding Advocacy and Volunteer Commitment” to the Lake Norman Community. Ms. Hobson received her undergraduate degree from the University of South Florida College of Business.

JASON R. JONES is an attorney with Loftin & Loftin PA, in Hillsborough, North Carolina, where he focuses on the areas of estate planning, administration, and litigation, especially fiduciary litigation. Mr. Jones has been trained in collaborative law and seeks to help pioneer the implementation of that approach in trust and estate dispute resolution. He is a member of the North Carolina State Bar; North Carolina Bar Association; 15-B Judicial District Bar; U.S. District Court, Western District North Carolina; U.S. District Court, Middle District North Carolina; U.S. Court of Appeals, 4th Circuit; and The Cherokee Supreme Court, Eastern Band of Cherokee Indians. Mr. Jones earned his B.A. degree from North Carolina State University and his J.D. degree from the University of North Carolina.

RICHARD E. MARSH JR. is a partner at Marsh & Hoogland, PLLC. He is a board certified specialist in estate planning and probate law in North Carolina. Mr. Marsh has practiced tax, business transaction, and estate planning for more than 35 years. He is an active writer and lecturer for attorneys, CPAs, CLUs, and other financial professionals and trade groups in the areas of estate planning, tax planning, sales and purchases of businesses, and tax-advantaged transactions involving real estate; and taught decedents estates, estate planning, and will drafting at the law school level for about a decade. Mr. Marsh is a past chair of the Sales, Exchanges and Basis Committee and the Non-Recognition Transactions (Like Kind Exchanges) Subcommittee of the American Bar Association's Tax Section. He is a member of the North Carolina State Bar, The Florida Bar, and the South Carolina Bar. Mr. Marsh earned his B.A. degree from Bucknell University, his J.D. and M.B.A. degrees from the University of North Carolina at Chapel Hill, and his LL.M. degree from Georgetown University.

WILLIAM L. MILLS III is a practitioner at Mills Law, P.A., in Concord, where he practices in the areas of estate planning, wealth planning, closely held corporations, commercial transactions, and limited commercial civil litigation. He is a board certified specialist in estate planning and probate law by the North Carolina State Board of Legal Specialization. Mr. Mills has spoken for various professional groups on his areas of practice. He is a member of the North Carolina Bar Association and the North Carolina State Bar. Mr. Mills earned his A.B. degree from the University of North Carolina at Chapel Hill and his J.D. degree from Wake Forest University.