Thursday, October 8th – 12:15-3:50 PM
Recent Developments in Ethics in Probate
Christopher J. Winton , Ray, Winton & Kelley, PLLC
Wild West Virginia: Oddities in West Virginia Probate and How to Handle Them
Christopher J. Winton, Ray, Winton & Kelley, PLLC
The probate system in West Virginia is unique, with some aspects little changed in more than 150 years. This presentation will focus on some of the oddities of West Virginia probate which merit special understanding and local treatment, including court jurisdiction, handling real estate, creditor claims, and spousal rights.
Revising Retirement Account Planning After the SECURE Act
Joshua Rogers, Dinsmore & Shohl, LLP
One of the most significant estate planning developments within the last year was the passage of the SECURE Act on December 20, 2019. SECURE radically changed the required minimum distribution rules for various retirement assets including 401(k)’s, 403(b)’s, and IRA’s. This presentation will review those changes as well as offer some solutions for dealing with the SECURE Act in practical, real-life scenarios.
Into the Unknown: Estate Planning During a Pandemic
Anna M. Price , Jenkins Fenstermaker, PLLC
Navigating the new landscape of a planning during a pandemic, this presentation will focus on what practitioners should and should not do when planning with clients. There will be a brief glimpse into how other states have handled this fluid situation with a major focus in what we can do here in West Virginia to provide the safest service for our clients. Estate planning is essential to all West Virginians, and this presentation will focus on how to best help our clients execute their planning goals. The landscape is also changing in the administration of estates in West Virginia, and practitioners should be aware of all of the changes throughout the probate process.
Friday, October 9th – 12:15-3:50 PM
Federal Tax Update and Developments
John F. Allevato,
Spilman, Thomas & Battle, PLLC
Marcia Broughton, Spilman, Thomas & Battle, PLLC
Same Wine, New Bottle: The West Virginia Decanting Act
Designing the Trustee Role: The West Virginia Uniform Directed Trust Act and Other Considerations
Steven Luby, Steptoe & Johnson, PLLC
The West Virginia Uniform Directed Trust Act was enacted in 2020 as Article 8A of the West Virginia Uniform Trust Code (Chapter 44D). The WVUDTA was effective on July 1, 2020. A directed trust is an arrangement in which the trust instrument provides that the trustee must follow the direction of a third party as to investments, distributions, or management of trust property. This presentation focuses on the application of the WVUDTA and other considerations in designing the trustee role such as the grant of authority to third parties to amend the trust, the authority of third parties to appoint and remove trustees, the effect of the WVUDTA on co-trustees, those powers that are excluded from the scope of the WVUDTA and those situations in which a trust director should be considered.
What's So Special about Special Needs Trusts?John F. Hussell, Wooton, Davis, Hussell & Johnson, PLLC
This session will examine how to determine whether or not a person with a disability needs a special needs trust and, if so, how to decide what type it should be and what key provisions should be considered for inclusion in the trust document. The seminar will also address the use of first-party special needs trusts in the context of personal injury litigation, the critical role of Medicaid in planning for special needs, the use of pooled trusts, and the advantages and limitations of ABLE accounts.