University of Texas School of Law
Program Features

The Estate Planning, Guardianship and Elder Law Conference presents current developments and practical tips for estate planners and elder law attorneys, offers essential information for guardian ad litems, and provides a must-have set of materials and resources.

  • Review the latest developments during ‘Case Law Update’ and ‘Legislative Update’
  • Gain insight into the practice of elder law during ‘A Toolkit for New Elder Law Practitioners’
  • Hear perspectives from practitioners and from representatives of HHSC and the OIG in the one-of-a-kind series of presentations on ‘HHSC Policy and Practices, and Potential Accusations of Fraud’
  • Learn practical estate planning strategies following the American Taxpayer Relief Act, including changes to the gift and estate tax laws
  • Answers to your questions at the popular "Ask the Experts" panel
  • Analyze select topics including the unexpected complexities of fundraising, attorney’s fees in probate court, disposition of remains issues, spousal protection trusts, and estate planning for singletons
  • Examine guardianship essentials and hot topics—earn up to 3.25 hours of Guardianship credit
  • Earn up to 3.75 hours of legal ethics credit
  • Network during Thursday evening’s Reception—all attendees are invited

This conference is informative and informal—attendees and faculty are encouraged to dress casually and bring the family to enjoy Moody Gardens on Galveston Island!

Schedule

Thursday Morning, Aug. 8, 2013

Presiding Officer:
H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

.75 hr

Legislative Update: Out with the Old (Probate Code) and In with the New (Estates Code)

A 2013 Texas estate and trust legislative update including probate, guardianships, trusts, powers of attorney, and related matters.

William D. Pargaman, Saunders Norval Pargaman & Atkins, LLP - Austin, TX

9:45 am

.75 hr

A Toolkit for New Elder Law Practitioners

An introduction to the practice of elder law including issue spotting, basic planning strategies, referrals to important resources, how tos, and forms.

Christina Lesher, Attorney at Law - Houston, TX
Bliss Burdett Pak, Farrell & Pak PLLC - Austin, TX

10:30 am
Break

10:45 am

.75 hr

The Unexpected Complexities of Tragedy: Fundraising, Medicaid, Special Needs Trusts and Tax Deductions

This presentation explores the complex issues that arise when tragedy strikes, often causing fundraising efforts to begin by people who are trying to help, but who have no knowledge of the problems that could arise later when the victim needs Medicaid.

Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

11:30 am

1.00 hr
.50 hr ethics
1.00 hr guardianship

The Role of the Guardian

An examination of the duties and responsibilities of a guardian under Texas law and guardian administration from initiation to closing including the code requirements of selling and leasing property, as well as ethical issues.

Stephen Jody Helman, Osborne, Helman, Knebel & Deleery, LLP - Austin, TX

12:30 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, Aug. 8, 2013

Presiding Officer:
Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor
First Victoria National Bank

12:50 pm

.75 hr

Estate Planning Case Law Update

A look at judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters.

Hon. Polly Jackson Spencer, Bexar County Probate Court No. 1 - San Antonio, TX

1:35 pm
Break

1:45 pm

.50 hr

Gift and Estate Tax: Where Are We Now?

An update on changes to the transfer tax laws under the American Taxpayer Relief Act of 2012, including portability of the estate tax exemption.

Amanda M. Gyeszly, Fizer Beck Webster Bentley & Scroggins - Houston, TX

2:15 pm

.75 hr

Estate Planning in Our Current Environment

Practical estate planning strategies following the American Taxpayer Relief Act (ATRA) including the outlook for further legislative changes, the impact of higher tax brackets on trust distribution planning, approaches to estate planning following ATRA, strategies to preserve basis adjustments, wealth transfer strategies including the use of defined value clauses, and significant estate current planning developments.

Stephen R. Akers, Bessemer Trust Company NA - Dallas, TX

3:00 pm

.17 hr

Overview: HHSC Policy and Practices vs. Potential Accusations of Fraud—What Is the Proper Balance for the Practicing Attorney?

Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

3:10 pm

.67 hr ethics

Medicaid Fraud: The Practitioner and OIG Perspectives

A look at what practicing attorneys should know and understand when their clients are faced with potential accusations of Medicaid fraud, including issues around attorney-client privilege, duties to disclose information, and other ethical issues.

Jason Ray, Riggs Aleshire & Ray, P.C. - Austin, TX
Jack Stick, Office of the Inspector General, Texas Health and Human Services Commission - Austin, TX

3:50 pm
Break

4:05 pm

.67 hr ethics

Medicaid Fraud: Q&A

A moderated question and answer panel on how to advise your clients through common problem situations and know what OIG looks for.

Moderator:
Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX
Jason Ray, Riggs Aleshire & Ray, P.C. - Austin, TX
Jack Stick, Office of the Inspector General, Texas Health and Human Services Commission - Austin, TX

4:45 pm

.75 hr

View from the HHSC

Officials from the Texas Health and Human Services Commission (HHSC) address current issues in long-term care Medicaid eligibility.

Moderator:
H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
Panelist:
Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX

5:30 pm
Adjourn to Networking Reception (5:30 p.m. to 6:45 p.m.)

Thank You to Our Reception Sponsor
Frost Wealth Advisors

Friday Morning, Aug. 9, 2013

Presiding Officer:
Hon. Gladys B. Burwell, Senior Statutory Probate Judge - Friendswood, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:00 am

1.00 hr
.25 hr ethics
.25 hr guardianship

Ask the Experts

A panel of seasoned practitioners respond to your frequently—and sometimes infrequently—asked questions including practice, professional and ethical issues in estate planning, probate, guardianship and elder law.

Moderator:
H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
Panelists:
Randy Drewett, Attorney at Law - Beaumont, TX
Panelists:
Craig Hopper, Hopper Mikeska PLLC - Austin, TX
Panelists:
Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
Panelists:
Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX

9:00 am

.75 hr

Attorney's Fees in Probate Court

An inside view on what the court is looking for in your fee applications.

Hon. Dan Prashner, Travis County Probate Court - Austin, TX

9:45 am
Break

10:00 am

.75 hr

Deadly Sins of Attorney Fee Agreements

Learn how to prepare understandable fee agreements that comply with ethics rules you never thought about!

Mark D. White, Sprouse Shrader Smith PC - Amarillo, TX

10:45 am

1.00 hr
.50 hr ethics
1.00 hr guardianship

The Role of the Ad Litem

An overview of the responsibilities of the attorney ad litem and guardian ad litem with an emphasis on practical application of the statutes. The materials include numerous checklists, comprehensive references and forms.

Hon. Steve M. King, Tarrant County Probate Court #1 - Fort Worth, TX

11:45 am
Pick Up Lunch

Included in registration.

Friday Afternoon, Aug. 9, 2013

Presiding Officer:
Randy Drewett, Attorney at Law - Beaumont, TX

LUNCHEON PRESENTATION

12:05 pm

.75 hr
.25 hr guardianship

Hot Topics about Cold Bodies: Issues Dealing with Disposition of Remains

Not-so-uncommon issues that come up in probate, including issues about DNA testing, cremation, interment, and disinterment.

Hon. Guy Herman, Travis County Probate Court - Austin, TX

12:50 pm
Break

1:00 pm

.75 hr
.75 hr guardianship

The Ins and Outs of 867 Management Trusts

This session reviews the requirements and appropriate uses for Probate Code Section 867 Management Trusts, and includes highlights of the 2013 legislative changes made to Section 867.  Forms for pleadings to create the trusts and sample 867 trusts are provided.

Deborah A. Green, Attorney at Law - Austin, TX

1:45 pm

.50 hr

Spousal Protection (Special Needs) Trusts

Properly drafted, a testamentary trust for a surviving spouse will not be a countable asset for Medicaid eligibility purposes. Spousal protection trusts may also outline future care protection for surviving spouses, who may be alone for many years. This session examines the benefits and challenges in working with clients to include spousal protection trusts in their plans.  

Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

2:15 pm

.50 hr

Solo-Nation: Estate Planning for a New Era of Singletons

The percentage of Americans living alone has doubled since 1960. This may be the greatest social change since the baby boom, and most of these singletons live alone by choice. This group has specific estate planning needs, and, as singletons age, it is important for attorneys to develop a practice that includes services for this growing group. This presentation focuses on the estate planning needs of singletons and why it’s important to include them in your estate planning practice.

Bryn Anne Poland, Law Office of Pi-Yi Mayo - Baytown, TX

2:45 pm

.50 hr ethics

Planning to Avoid Power of Attorney Litigation

A look at preventing litigation arising from the principal/attorney-in-fact relationship. What can planners do to significantly reduce the risk of future litigation?

Elliott E. Burdette, Burdette & Rice, PLLC - Dallas, TX
J. Ellen Bennett, Burdette & Rice, PLLC - Dallas, TX

3:15 pm
Adjourn

Faculty

Conference Faculty

Stephen R. Akers
Bessemer Trust Company NA
Dallas, TX
J. Ellen Bennett
Burdette & Rice, PLLC
Dallas, TX
Elliott E. Burdette
Burdette & Rice, PLLC
Dallas, TX
Randy Drewett
Attorney at Law
Beaumont, TX
H. Clyde Farrell
Farrell & Pak PLLC
Austin, TX
Deborah A. Green
Attorney at Law
Austin, TX
Amanda M. Gyeszly
Fizer Beck Webster Bentley & Scroggins
Houston, TX
Stephen Jody Helman
Osborne, Helman, Knebel & Deleery, LLP
Austin, TX
Hon. Guy Herman
Travis County Probate Court
Austin, TX
Craig Hopper
Hopper Mikeska PLLC
Austin, TX
Hon. Steve M. King
Tarrant County Probate Court #1
Fort Worth, TX
Christina Lesher
Attorney at Law
Houston, TX
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Marilyn G. Miller
Attorney at Law
Dripping Springs, TX
Shari L. Nichols
Texas Health and Human Services Commission
Austin, TX
Bliss Burdett Pak
Farrell & Pak PLLC
Austin, TX
William D. Pargaman
Saunders Norval Pargaman & Atkins, LLP
Austin, TX
Bryn Anne Poland
Law Office of Pi-Yi Mayo
Baytown, TX
Hon. Dan Prashner
Travis County Probate Court
Austin, TX
Jason Ray
Riggs Aleshire & Ray, P.C.
Austin, TX
Patricia F. Sitchler
Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX
Hon. Polly Jackson Spencer
Bexar County Probate Court No. 1
San Antonio, TX
Jack Stick
Office of the Inspector General, Texas Health and Human Services Commission
Austin, TX
Mark D. White
Sprouse Shrader Smith PC
Amarillo, TX
Wesley E. Wright
Wright Abshire, Attorneys
Bellaire, TX

Planning Committee

H. Clyde Farrell—Chair
Farrell & Pak PLLC
Austin, TX
Randy Drewett
Attorney at Law
Beaumont, TX
Claire D. East
Hopper Mikeska PLLC
Austin, TX
Deborah A. Green
Attorney at Law
Austin, TX
Tina R. Green
Capshaw Green, PLLC
Texarkana, TX
Hon. Guy Herman
Travis County Probate Court
Austin, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Christina Lesher
Attorney at Law
Houston, TX
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Pi-Yi Mayo
Law Office of Pi-Yi Mayo
Baytown, TX
Marilyn G. Miller
Attorney at Law
Dripping Springs, TX
Bliss Burdett Pak
Farrell & Pak PLLC
Austin, TX
Bryn Anne Poland
Law Office of Pi-Yi Mayo
Baytown, TX
Patricia F. Sitchler
Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX
Nancy Sosa
Cadence Trust
Austin, TX
Wesley E. Wright
Wright Abshire, Attorneys
Bellaire, TX
Credit Information

MCLE Credit

Texas
14.00 hrs  |  3.75 hrs Ethics  |  3.25 hrs Guardianship
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
14.00 hrs  |  3.75 hrs Ethics
Additional Information
Live Conferences: At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Ohio
13.00 hrs  |  3.25 hrs Ethics
Oklahoma
17.00 hrs  |  4.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

Certified Financial Planner (CFP)
16.00 hrs
TX Accounting CPE
17.00 hrs
Key Dates

Galveston

  • Last day for Individual early registration: Jul 31, 2013
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 2, 2013
  • Last day for cancellation (partial refund): Aug 5, 2013
    $0 processing fee applied

Hotel / Venue

Galveston

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$168.00 good through Jul 17, 2013.  Please mention "UT Law" when making reservations.

Parking Information

Complimentary self-parking. Overnight valet parking $18.
Sponsors