Monday, May 22 and Tuesday, May 23, 2023
Holiday Inn Chicago Downtown Wolf Point, Chicago
Thursday, June 1 and Friday, June 2, 2023
Live Webcast and Springfield Simulcast at IICLE
Moderated By: Lorraine Cavataio, Sandberg Phoenix, O’Fallon &
8:00 Registration or Log in to the webcast via your account at www.iicle.com
8:55 Opening Announcements
9:00 – 10:00 Recent Developments in Federal Estate, Gift and Generation-Skipping Taxes
Learn about new law affecting this area in the last year.
Karen Van Meter, McDermott Will & Emery LLP, Chicago
10:00 - 10:20 BREAK
10:20 – 11:20 Federal Income Taxation for Estate Planning & Administration
Understand recent developments in income tax matters and the impact on estate planning and administration.
Adam Garber, Levenfeld Pearlstein LLC, Chicago &
Robert A. Romanoff, Levenfeld Pearlstein LLC, Chicago &
11:20 – 12:20 Illinois Law: Case Decisions & Trends
Get up to date on new cases and Illinois legislation specifically applicable to estate planning, estate taxation, trusts, and more.
Ryan A. Walsh, Croke Fairchild Morgan & Beres LLC, Chicago &
12:20 – 1:20 LUNCH BREAK
1:20 – 2:35 Featured Presentation: RUFADAA, Bitcoin & Fiduciaries: Finding the True Meaning of "Digital Assets" in Estates & Trusts
As digital assets and cryptocurrency become more common, the issues a fiduciary need to address proliferate as well. While the issues relating to obtaining access to asset information via RUFADAA may be more well known, many other issues remain unaddressed. This presentation will discuss the many fiduciary issues relating to digital assets and cryptocurrency, including how to access digital assets, finding and taking control of digital assets, valuation issues, how they are taxed, how a trustee may want to hold digital assets and how to plan for them. The discussion includes an understanding of how fundamental trustee duties are implicated in these issues and how a trustee may want to address those duties while also dealing with complex assets that are new and ever changing.
Stacy E. Singer, Northern Trust, Chicago &
Fredrick B. Weber, Kirkland & Ellis LLP, Chicago &
2:35 - 2:55 BREAK
2:55 – 3:55 The SECURE (“Setting Every Community Up for Retirement Enhancement” or “Sending Everyone Cowering Under Rediced Expectations”) Act and Other Recent Developments in Estate Planning for Retirement Assets
The SECURE Act brought a sea of change in planning for the disposition of retirement assets. The recently issued proposed regulations answered some questions and created new ones. This presentation will cover these and other developments in this important area.
Robert K. Kirkland, Kirkland Woods & Martinsen LLP, Liberty, MO
3:55 – 4:55 ARDC War Stories
(1 professional responsibility)
John L. Gilbert, Sandberg Phoenix, Edwardsville
4:55 Adjourn Day 1
Track A Moderator:
Stacy E. Singer, Northern Trust, Chicago &
Track B Moderator:
David E. Braden, Yudell and Lonoff, LLC, Northfield
8:45 AM – 9:45 AM - Breakout Session 1
Effective Use of Disclaimers
Beth K. Flowers, Mathis, Marifian & Richter, LTD., Edwardsville
Patrick B. Mathis, Mathis, Marifian & Richter, LTD., Belleville
Marriage, Marital Rights and Caregiver Abuse
Lorraine Cavataio, Sandberg Phoenix, O’Fallon
David M. Lutrey, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest
9:45 AM – 9:55 AM - Transition
9:55 AM – 10:55 AM - Breakout Session 2
Estate and Asset Protection Planning: A Contrast of Considerations
The purpose of this program is to educate and expose attendees to the similarities and distinctions between estate planning and asset protection planning. While estate planning is recommended for all, asset protection planning, though an extension of estate planning, may be useful only to some. Consequently, asset protection planning utilizes different planning criteria and often treats and repositions assets differently. Further, planning timeframes are different as the occurrence of potentially or obviously different triggering events will call for differing outcomes. The program will be infused with various real client circumstances and answer the question as to why some plans succeed and others fail.
William A. Ensing, Buckley Fine, LLC, Barrington
Navigating Trust & Estate Issues in Divorce Litigation
This session will explore the interplay between divorce litigation and trust and estate law, including the extent to which trust assets will be considered in a divorce proceeding, representation and protection of trust assets, privacy rights and other beneficiary interests in a divorce proceeding and discovery of trusts and other “expectancy interests” in a divorce proceeding. Additionally, this session will offer drafting considerations for the estate planner in light of factors that may be scrutinized by a divorce court in determining the extent to which trust assets will be considered in a divorce proceeding.
Robin D. Maher, Levin Schreder & Carey Ltd., Chicago
Thomas F. Villanti, Schiller DuCanto & Fleck, LLP, Chicago
10:55 AM – 11:15 AM - Networking Break
11:15 AM – 12:15 PM - Breakout Session 3
Estate Planning for Special Needs
This session will cover First Party and Third Party Special Needs Trusts and practice points. It will also discuss expanded powers and planning language in power of attorney documents, wills and trusts to accommodate special needs. We will also cover planning for a spouse's disability within an estate plan.
Heidi E. Dodd, Dodd & Wambold, O’Fallon
Heather E. Voorn, Voorn, Jaworski, & Preston, PLLC, New Lenox
The Mistakes Our Decedents Make: Dealing With Complex Probate and Trust Assets
Louise C. Barrett, Northern Trust, Chicago
Ray J. Koenig III, Clark Hill PLC, Chicago
12:15 PM – 1:30 PM - Lunch Break
1:30 PM – 2:30 PM - Breakout Session 4
Charitable Giving with Non-Charitable Irrevocable Trusts
This session will share ideas for how estate planners can help clients think about when it might be desirable to tap into noncharitable trusts for charitable giving. The discussion will include how to utilize existing irrevocable trust assets for desired or obligatory gifts to charity and how to draft new trusts to promote flexibility for future family philanthropy.
Kim Kamin, Gresham Partners, LLC, Chicago
Pitfalls of Pay on Death: Pay Me Now or Pay Me Later
Natalie M. Perry, Harrison & Held, LLP, Chicago
Rebecca Wallenfelsz, Chapman and Cutler LLP, Chicago
2:30 PM – 2:40 PM - Transition
2:40 PM – 3:40 PM - Breakout Session 5
Best Practices for Fiduciary Communications During Estate (and Trust) Settlement - Striking a Balance Between What’s Required & What Actually Works
In this session learn to navigate communication and information sharing during the estate and trust settlement process from filing the will to asset distribution and everything in between. Explore whether compliance with the statute is enough to keep the waters calm.
Jessica Birnbaum, ArentFox Schiff LLP, Chicago
Elizabeth A. Garlovsky, Harrison & Held, LLP, Chicago
Hit Refresh: Modifying Irrevocable Trusts
Determine how to draft to facilitate changes/updates, and what to do without that drafting-consolidation, nonjudicial settlement agreements, late disclaimers, decanting
Thomas G. Hamill, Harrison & Held, LLP, Springfield
Carrie A. Harrington, Levenfeld Pearlstein LLC, Chicago
3:40 PM – 3:50 PM - Transition
3:50 PM – 4:50 PM - Breakout Session 6
How to Leverage the Internet to Ethically Market Your Practice and Improve Client Relationships
(1.0 Professional Responsibility)
The world around us continues to evolve with new technologies, social platforms, and methods of communication. While these advances bring innovative marketing and communication opportunities for lawyers, they also raise new (and old) legal and ethical considerations. This presentation will walk you through the platforms and services available to your practice, identify potential ethical and legal issues, and provide strategies for delivering superior client services to the next generation of inherited wealth.
Sarah M. Barnes, Harrison & Held, LLP, Chicago
Shawn M. McCullough, Harrison & Held, LLP, Chicago
Planning for the Disposition of Professional Practices – The Ins and Outs of Holding and Selling Professional Practices
(1.0 Professional Responsibility)
Jonathan W. Michael, The Michael Law Group, P.C., Chicago
Thomas B. Shapira, Harrison & Held, LLP, Chicago
= IICLE® Publications Author