8:55 Welcome and Announcements
9:00 From Gift-Splitting to Hair-Splitting: Improving Your Odds in the Audit Lottery
Beth S. Kaufman, Caplin & Drysdale, Washington, DC
Meticulous preparation of the gift tax return can reduce the odds of being selected for audit. Learn how to properly report annual exclusion gifts, charitable gifts and gifts to 529 accounts. Then walk through how to make flawless elections for gift-splitting, qualified terminable interest property trusts (QTIPs) and generation-skipping tax (GST) issues. This practical session gives insight on the use of adequate disclosure to obtain certainty in valuation cases as well as "non-gifts" and offers tips to avoid traps in the preparation of gift tax returns.
10:18 Top Technology Trends and Developments Practitioners Should Be Aware of in an Estate Planning/Estate Administration Practice‡
Daire E. Roebuck, Smith Bowers PLLC, Raleigh
M. Riana Smith, Smith Bowers PLLC, Raleigh
Technological apathy is real. Failure to stay abreast of the latest trends and developments doesn't just impact efficiency, but also opens one up to the risks and dangers associated with a lack of technical competence, which is the minimum level of proficiency a lawyer is duty-bound to maintain. This session explores the top 5-10 new tech tools and other useful resources to help all legal professionals be more than just technologically competent but become more proficient and productive in their daily practice.
11:21 Break
11:31 From Picking the Fight to Ending It: Important Considerations When Navigating an Estate or Trust Dispute
Lawrence A. "Larry" Moye IV, Womble Bond Dickinson (U.S.) LLP, Raleigh
Traditional estate planning and administration attorneys, as well as civil trial lawyers, are increasingly holding themselves out as fiduciary litigators and taking contested estate and trust cases. This presentation addresses some necessary considerations and a few common misunderstandings about estate and trust disputes. Topics include proper jurisdiction for common fiduciary actions, income and transfer tax implications of compromises and judgments, and strategic settlement terms.
12:32 Adjourn
‡ Indicates portion providing Technology Training credit
Thank you for joining us for 42nd Annual Estate Planning & Fiduciary Law Program.
Designed to benefit both new and experienced lawyers alike, the 42nd Annual Estate Planning & Fiduciary Law Program offers practical tips and insight to help you navigate challenges and opportunities in the current environment.
Stephen A. Brown is a shareholder with Young Moore and Henderson PA in Raleigh. Stephen is a Board-Certified Specialist in Estate Planning and Probate Law. He regularly advises clients on a range of estate planning strategies to achieve their personal and charitable objectives in a tax advantaged manner. He also regularly advises clients in estate, trust and guardianship disputes, including will disputes, disputes involving marital rights, irrevocable trust modification and decanting, and asset protection.
Stephen has been recognized in The Best Lawyers in America for Trust and Estates (2019-2021), Business North Carolina Legal Elite in Tax/Estate Planning (2019, 2021) and North Carolina Super Lawyer's Rising Stars for Estate and Probate (2018). He received his B.A. and B.M. from the University of North Carolina at Greensboro and his J.D., with honors, from the University of North Carolina at Chapel Hill School of Law.
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Tyler F. Chriscoe is an associate on the Trusts, Estates and Wealth Preservation team at Young Moore and Henderson PA in Raleigh. His principal areas of practice are trust and estate planning and administration, asset planning, business law, and commercial real estate matters.
Tyler earned his B.A. degree from North Carolina State University, with highest honors, and his J.D. degree, with honors, from William & Mary Law School.
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Debra L. Foster is a solo practitioner with Debra L. Foster PLLC, in Charlotte. She is a Fellow of the American College of Trust and Estate Counsel, as well as a North Carolina Board Certified Specialist in Estate Planning and Probate Law (Former Chair of the Estate Planning and Probate Law Specialization Committee). She is also a past Chair of the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association.
Debra's principal areas of practice are estate planning and probate, taxation, and charitable planning. She received her B.A. in Psychology, summa cum laude, from the University of North Carolina at Greensboro in 1978 and she received her J.D., with honors, from the University of North Carolina at Chapel Hill in 1982, where she was elected to the Order of the Coif.
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Beth S. Kaufman is a member in Caplin & Drysdale's Washington DC office. Ms. Kaufman assists wealthy individuals with their estate planning, with a focus on minimizing taxes. She also advises lawyers and other professionals on complex issues regarding estate, gift, and generation-skipping transfer taxes.
Beth is a member of the adjunct faculty teaching generation-skipping transfer tax at Georgetown Law School and the University of Miami Heckerling Graduate Program in Estate Planning. Prior to rejoining Caplin & Drysdale in 2001, Beth worked for over six years in the Treasury Department's Office of Tax Policy, where she had principal responsibility for all tax policy matters affecting trusts and estates.
Beth is a Fellow of the American College of Trust and Estate Counsel and currently chairs its Tax Policy Study Committee. She is a graduate of Harvard Law School, where she was Notes Editor of the Harvard Law Review, and Pomona College.
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Samuel R. "BJ" Kilgore, III is a principal with The Van Winkle Law Firm in Asheville. He focuses his practice on probate law, trust & estate planning, trust & estate administration, business succession planning, charitable planning, and trust reformations and terminations.
BJ works with clients to determine their goals and develops a customized plan to meet their individual needs. This often involves working with clients who own businesses, have minor children, have blended families, or have another unique set of circumstances. In addition, BJ has significant experience working with clients to maintain, preserve, protect, and transfer wealth from one generation to another. Regardless of the level of complexity, BJ takes pride in ensuring that his work is straightforward and understandable to his clients.
BJ is a member of the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association, where he is currently serving as co-chair of the Continuing Education Committee. He is a frequent speaker on numerous matters related to estate planning, estate and trust administration, business succession planning, legal ethics, and other related topics. He has been recognized as a North Carolina Super Lawyers "Rising Star."
BJ received his B.A. degree from Appalachian State University in 2007 and his J.D. degree from Campbell University School of Law in2012.
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Cathy D. Killian is the Clinical Director and Western Clinical Coordinator for the North Carolina Lawyer Assistance Program and has been a counselor in the Charlotte area for over 30 years. She is a Licensed Clinical Mental Health Counselor, Licensed Clinical Addictions Specialist, Certified Clinical Supervisor, and Certified Clinical Hypnotherapist. Cathy has worked in a variety of mental health and substance abuse areas, including inpatient, outpatient, hospital-based and free-standing treatment facilities, Employee Assistance Programs, and private practice. She has conducted numerous trainings and workshops both locally and nationally on a variety of topics throughout her career. She was a college instructor for 17 years, and a Program Chair for five of those years. She currently maintains a small private practice seeing individual clients and providing clinical supervision on both an individual and facility level.
Cathy has worked in a variety of mental health and substance abuse areas, including inpatient, outpatient, hospital-based and free-standing treatment facilities, Employee Assistance Programs, and private practice. She has conducted numerous trainings and workshops both locally and nationally on a variety of topics throughout her career. She was a college instructor for 17 years, and a Program Chair for five of those years. She currently maintains a small private practice seeing individual clients and providing clinical supervision on both an individual and facility level.
Cathy is a former board member for Anuvia Prevention and Recovery Center, the McLeod Institute on Substance Abuse, the North Carolina Board of Licensed Employee Assistance Professionals, and former president and board member of the Eating Disorders Education Project.
Cathy earned her B.S. in Zoology/Pre-Med from North Carolina State University, B.A. in Psychology from the University of North Carolina at Charlotte, and her Master of Education degree in Counseling from Winthrop University.
Kristen M. Lewis is a member of the Bowden Law Firm in Atlanta, GA. She is nationally recognized for her proficiency in Special Needs Trust planning for persons challenged by disabilities and is a frequent speaker and author on this topic. She is a Fellow of the American College of Trust and Estate Counsel (ACTEC), and an active member of the Special Needs Alliance, where she has served as Co-Editor of that organization's monthly e-newsletter, The Voice. She is also a member of the American Bar Association, the New York Bar Association Elder Law Section, and the State Bar of Georgia Fiduciary Law Section.
Kristen received her B.A. degree in French and political science, with highest honors, from Wellesley College in 1981. She earned her J.D. degree from Cornell Law School in 1984. She is admitted to practice law in both New York and Georgia. Since 2012, Kristen has been selected for inclusion in Georgia Super Lawyers in Estate Planning and Probate. Additionally, since 2013 she has been recognized by Best Lawyers in America® in Trusts and Estates.
Kristen currently serves on the Board of the Center for the Visually Impaired. She has recently joined the Board of Cumberland Academy of Georgia, a private school for children with autism. She is currently a Board Member and Chair-Elect of Eagle Ranch, a non-profit that works to unify troubled families. She serves on the Board of Wesley Woods Senior Living, which provides affordable housing for seniors of limited means, and is a Board member of Better Living Together, Inc., which seeks to provide affordable housing for persons with intellectual and developmental disabilities and others of modest means. She is also a member of the Children's Healthcare of Atlanta Legacy Advisors Leadership Council.
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Kerri L.S. Mast is Senior Vice President, Senior Wealth Planner for the Southeast at Brown Brothers Harriman in Charlotte. Kerri has extensive experience advising business owners and families of generational wealth to help them achieve their goals relating to estate planning, philanthropy, business succession and tax minimization. She provides clients with the resources they need to navigate transitions successfully and to help families thrive. As a national leader of the Philanthropic Advisory practice, Kerri works to create an environment where families can engage in conversations about wealth, values, legacy and impact.
Prior to joining the firm in 2010, Kerri worked at Foundation For The Carolinas, where she advised donors and their professional advisors on issues relating to charitable giving and nonprofit governance. Prior to that, Kerri practiced law at Moore & Van Allen PLLC, where she advised families of substantial wealth on estate and tax planning matters.
Kerri is a Fellow of the American College of Trust and Estate Counsel. She serves on several boards and committees, including The Nature Conservancy (North Carolina Chapter) Board of Trustees (chair), Queens University Planned Giving Advisory Council (chair), Atrium Health Planned Giving Advisory Council and Women's Impact Fund Environment Grants Committee.
Kerri received her B.A. degree, cum laude, from Wake Forest University and her J.D. degree, with honors, from Emory University School of Law.
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Chadwick I. "Chad" McCullen is a shareholder with Young Moore and Henderson PA in Raleigh. Chad is a Board-Certified Specialist in Estate Planning and Probate Law. His principal areas of practice are estate planning and administration, asset protection, taxation, business law, and commercial real estate matters. He serves on the Estate Planning and Probate Law committee for the North Carolina State Bar Board of Legal Specialization.
Chad has been selected for inclusion in Business North Carolina's Legal Elite in the categories of Young Guns (2016, 2018 and 2019), Tax/Estate Planning (2017-2020), and Business (2018-2019) and North Carolina Super Lawyer's Rising Stars in the category of Estate and Probate (2017-2020).
Chad earned his B.A. degree from the University of North Carolina at Chapel Hill, his J.D. degree, with honors, from the Charleston School of Law, and his LL.M. degree in Taxation from the University of Florida, Levin College of Law.
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M. Kemp Mosley is a partner with Narron Wenzel PA in Raleigh. His practice focuses on estate and trust planning, administration, and litigation.
Kemp is a frequent publisher and presenter on estate and fiduciary litigation issues. He is a council member of the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association. He is also a Fellow in the American College of Trust and Estate Counsel (ACTEC).
Kemp earned his B.B.A., summa cum laude, from the University of Mississippi and his J.D. from Wake Forest University School of Law.
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Lawrence A. "Larry" Moye, IV is a partner at Womble Bond Dickinson (US) LLP and practices primarily out of the firm's Raleigh office. His practice includes advising clients in estate and trust planning and administration, gift and charitable contribution planning, the formation and usage of limited liability entities, and business succession planning.
In addition, Larry also advises clients involved in will and trust disputes, breach of fiduciary duty claims, and other fiduciary litigation concerning the rights, duties and powers of trustees and beneficiaries under the terms of trust agreements. His fiduciary litigation clients include executors, individual and corporate trustees, and estate and trust beneficiaries.
Larry is a member of the American College of Trust and Estate Counsel Southeast Fellows Institute, Wake County, North Carolina and Tenth Judicial District Bar Associations.
Larry earned his B.A., summa cum laude, from North Carolina State University and J.D., cum laude, from Campbell.
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Holly B. Norvell is a partner with Johnston Allison & Hord PA in Charlotte. She is a Board-Certified Specialist in Estate Planning and Probate Law and a Fellow of the American College of Trust and Estate Counsel. Her principal areas of practice are estate planning and probate, taxation, business succession planning and charitable planning.
Holly is a member of the Estate Planning & Fiduciary Law Section of the North Carolina Bar Association. She is also a member of the American Bar Association, Mecklenburg County Bar and the State Bar of Texas. She is a Certified Public Accountant and is licensed to practice law in North Carolina and Texas.
Holly received her B.B.A. in Accounting, with high honors, in 1996, her M.P.A. in Taxation in 1996 and her J.D., with honors, in 2002, all from the University of Texas.
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Thomas J. "Tom" Pauloski is National Managing Director for Wealth Planning and Analysis, the research division of Bernstein Private Wealth Management's Private Client Group. He works with private clients and their advisors on wealth transfer strategies, focusing on tax-efficient wealth management and asset allocation decisions. Previously, Tom was a partner at the Chicago law firm of Winston & Strawn LLP, where he concentrated his practice in estate, tax, and business planning. Tom also has been a member of the Chicago law firm of Levin & Schreder Ltd., a Vice President in the Private Client Group of Zurich Life in Long Grove, Illinois, and a partner at the Chicago law firm of Schiff Hardin & Waite.
Tom is a nationally known speaker on estate planning, tax, and insurance issues, and has written numerous articles and continuing legal education materials on estate planning topics. He serves on the faculty of the American Bankers Association National Trust and National Graduate Trust Schools and has served on the adjunct faculty of the Cannon Financial Institute Schools. Tom has been an adjunct professor at Loyola University Chicago School of Law and has taught estate planning classes at Northwestern University Law School. Tom also has served on the editorial board of Trusts & Estates magazine. He retired from the United States Naval Reserve in 2003, after 21 years of service.
Tom received his Bachelor of Science degree in Environmental Engineering from Northwestern University, and his Juris Doctor, magna cum laude, from Loyola University Chicago School of Law, where he served as editor-in-chief of the Loyola Law Journal.
Stephanie R. Poston is an associate on the Trusts, Estates and Wealth Preservation team at Young Moore and Henderson PA in Raleigh. She focuses her practice on trust and estate planning and administration, as well as estate litigation and fiduciary dispute resolution. Stephanie is licensed to practice law in North Carolina and California and advises clients who have relocated from California to North Carolina regarding community property issues.
Stephanie earned her B.A. degree from Duke University and her J.D. degree, with Great Distinction, from the University of the Pacific, McGeorge School of Law, with a concentration in Intellectual Property Law.
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Daire E. Roebuck, of counsel with Smith Bowers PLLC in Raleigh, focuses her practice in the areas of estate planning, wealth transfer, trust and estate administration, and fiduciary litigation. Daire's clients range from individuals who need basic estate planning documents, to complex estate planning and asset protection, as well as representing fiduciaries and beneficiaries in settling a decedent's estates.
As part of her estate planning and probate practice, Daire works closely with her clients' financial and tax advisors to fully ensure a full understanding of her client's needs, financial assets to achieve their goals, as well as settlement of non-probate assets. Daire strives to provide efficient, but personalized service for each of her clients.
Daire frequently collaborates with Riana and Jessica on representation of small business owners for their succession planning and litigation needs.
Daire is proud to be a Raleigh native and prides herself on keeping her sanity while raising her young son and daughter.
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M. Riana Smith is a founding partner with Smith Bowers PLLC in Raleigh. She focuses her practice in the areas of business law, business litigation and construction law. She often acts as general counsel for her clients, assisting them with a wide range of issues related to their business needs, including corporate formation and planning, employment matters, contract drafting and negotiations, business disputes.
Riana is member of and past Chair of the Construction Law Section, as well as member of the newly formed Small Firm and Technology Section. She received her undergraduate degree from Appalachian State University and her law degree from Campbell University, and has been practicing law for longer than she would like to admit.
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If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.
Please send your completed form to askcle@ncbar.org within seven days of this program.