Presentations
Our Law Firm has a long tradition of presenting continuing education courses for fellow lawyers and, on occasion, for various judicial institutes. It is a great honor to be asked to make these presentations on estates/trusts topics. Aside from giving back to the profession, these activities deepen and extend the firm’s understanding of the law of estates and trusts thereby improving the quality of our advice and client services.
| 11/9/20 | Playing Monday-Morning Quarterback: Fiduciary Litigation Evidence for the Estate Planning Attorney (PowerPoint) 2020 Advanced Estate Planning Institute Maryland State Bar Association |
This was part of a day-long program by the Maryland State Bar Association on topics important to Maryland estate planning lawyers. These materials explore the intersection of estate planning and estate litigation. It focuses on the role of the planning lawyer as a witness in subsequent litigation concerning the documents prepared by the lawyer. This is a PowerPoint presentation summarizing, and expanding on, the primary course material below.
| 11/9/20 | Playing Monday-Morning Quarterback: Fiduciary Litigation Evidence for the Estate Planning Attornay (Course material) 2020 Advanced Estate Planning Institute Maryland State Bar Association |
This was part of a day-long program by the Maryland State Bar Association on topics important to Maryland estate planning lawyers. These materials explore the intersection of estate planning and estate litigation. It focuses on the role of the planning lawyer as a witness in subsequent litigation concerning the documents prepared by the lawyer. These are the primary course materials which is a more complete, and more nuanced, presentation of the topic than the PowerPoint linked immediately above.
| 7/9/20 | COVID-19 Estate Planning Opportunities/Challenges Anne Arundel Bar Association |
This was part of a program by the Anne Arundel County Bar Association on the impact of COVID-19 on estate planning. These materials examine some of the planning opportunities available due to the historically low interest rates. Additionally, it covers some methods of locking-in the historically high federal estate/gift tax thresholds that are set to expire in 2026 (and which, in fact, may expire earlier).
| 3/3/20 | Estate Planning for Federal Employees A Bureau of Economic Analysis/U.S. Census Bureau Presentation |
These materials present an estate planning overview with an emphasis on the special considerations relevant to federal employees.
| 2/11/20 | Extrinsic Evidence in Will and Trust Cases: Plain Meaning Rule, Dead Man’s Statute, and Hearsay Exceptions Judicial College of Maryland Judicial Education |
This was part of a day-long course presented to an audience of sitting Circuit Court and Orphans Court Judges as part of the ongoing educational programs presented by the Judicial College of Maryland. This course covered contested Wills, testamentary and Inter vivos trusts, and contested guardianships. These materials describe the leeway courts have in admitting “extrinsic” evidence of the intent of the maker of the document at a trial. Extrinsic evidence is evidence beyond the mere language of the instrument.
| 5/31/19 | Succession Planning: Not Just For Senior Lawyers Montgomery County Bar Association Law Day Program |
How solo practitioners and small firm lawyers need to plan to protect their clients in case of a disability or death.
| 4/25/19 | Heckerling Institute of Estate Planning Highlights Montgomery County Bar Association Estates & Trusts Study Group |
This was a summary of the 2019 Heckerling Institute and covered the issue of the taxation of trust income that’s pending before the U.S. Supreme Court and also the Maryland Court of Special Appeals case. The Maryland Appellate Court on whether the State of Maryland could include the value of a QTIP trust in the Maryland estate tax where the QTIP trust was formed out of state. It also covered trust construction, modification and reformation issues.
| 2/22/19 | Estate/Trust Planning and Litigation Topics St. Mary’s County Bar Association |
Discussion of Court of Appeals case on Will formalities and a discussion of a Court of Special Appeals case on the use of extrinsic evidence in conjunction with the plain meaning rule. Also discussed the impact of the Maryland Trust Act on planning, litigation, administration and did a survey of common estate and trust litigation topics.
| 2/21/19 | Orphans’ Court Judges’ Orientation Judicial Institute of Maryland |
Topics covered: jurisdiction of the Orphans’ Court, appointment of the personal representative, administrative probate vs. judicial probate, duties of a personal representative, scope of duties of the special administrator and other fundamentals.
| 11/13/18 | 2018 Symposium on Estates & Trusts University of Baltimore Law Forum |
Topics included a survey of common types of fiduciary litigation including the structural shortcomings of private litigation to expand the elective share in light of the narrow Maryland statute.
| 11/13/18 | Estate Planning for Federal Employees U.S. Census Bureau |
Discussion of common techniques and essential documents that should be used for estate planning for federal employees.
| 10/5/18 | Financial Elder Abuse: Private Causes of Action Maryland Estate Bar Association |
Discussion of contested guardianships, actions brought under the Maryland Power of Attorney Act, actions under the Maryland Trust Act and the use of declaratory judgment actions.
| 9/23/18 | Mediation of Estates & Trusts Disputes 2018 American College of Trust & Estate Counsel Mid-Atlantic Regional Conference |
Discussed the various approaches taken to mediation in general and specifically how estates and trust mediation varies from the common template.
| 6/25/18 | Pesky and Persistent Evidentiary Issues in Estates & Trust Litigation Maryland State Bar Association |
Discussion of the usefulness of the state of mind exception to the hearsay rule and other evidentiary rules particular to estates and trust litigation.
| 6/20/18 | Dead Man Statute and Hearsay Issues and Objections For Orphans’ Court Judges Judicial College of Maryland |
A discussion of the common evidentiary rules appearing in estate litigation that need to be dealt with by the Orphans’ Court judges.
| 6/15/18 | Succession Planning: Not Just For Senior Lawyers Maryland State Bar Association Legal Summit and Annual Meeting (Presented at Litigation Section Annual Meeting) |
How solo practitioners and small firm lawyers need to plan to protect their clients in case of a disability or death.
| 8/27/18 | Special Needs Planning Workshop Federal Employees Presentation at Fort Meade |
Discussion of the various special needs trust and when and how they should be employed to protect children with various developmental challenges.
| 3/10/18 | Planning in a Forest of Red Flags: How to Plan When You Expect Litigation American College of Trust & Estate Counsel 2018 Annual Meeting |
Discussion of how an estate planning lawyer should approach estate planning when there is a high likelihood of litigation over the plan.
| 9/27/17 | Estate Planning for Federal Employees U.S. Census Bureau |
Basic estate planning course: probate vs. non-probate assets; Maryland death taxes; trust overview; disability planning and health care directives.
| 11/2/17 | Contested Guardianships & Fiduciary Litigation National Academy of Elder Law Attorneys (Maryland and District of Columbia Chapters) |
A discussion of the private causes of action to curb elder financial abuse.
| 4/1/16 | Transmittal of Issues to the Circuit Court Orphans’ Court Judge Orientation Judicial Institute of Maryland |
The historical origin of the concept of the transmittal of issues and the modern practice regarding same in the Orphans’ Court.
| 9/17/16 | Preservation of the Voice of the Testator and Settlor: How Much is Admissible? American College of Trust & Estate Counsel Mid-Atlantic Regional Meeting |
The basic premise of Will and trust interpretation is to implement the intent of the decedent. Various evidentiary rules, however, must be navigated in order to let the intent become fully manifest.
| 2/26/15 | Basic Overview of Orphans’ Court Procedure Orphans’ Court Judges Orientation Judicial Institute of Maryland |
A description of jurisdictional limits on Orphans’ Court power to act; the role of a special administrator and a personal representative and other basic concepts.
| 5/13/15 | Will Basics for the Maryland Lawyer (Including the Impact of Boilerplate and Other Standard Clauses) Maryland State Bar Association Document Drafting for Elder Law Attorneys |
This course covers the Will drafting basics for elder law attorneys.
| 9/13/15 | Sort of Uniformity: The Maryland General and Limited Power of Attorney Act American College of Trust & Estate Counsel Mid-Atlantic Regional Meeting |
A comprehensive analysis of the Maryland power of attorney statute.
| 9/11/14 | Elastic Definition of “Terms of the Trust” and Special Needs Trusts Under the Maryland Trust Act Maryland State Bar Association |
Coverage of how special needs trusts are treated under the Maryland Trust Act and how the classic definition of “terms of the trust” interact with trust interpretation under the Act.
| 3/15/13 | Heirs, Legatees and Related Issues Orphans’ Court Judge Orientation Judicial Institute of Maryland |
A review of the codification of the slayer’s rule; review and lapse rule and family settlement agreements.
| 6/25/13 | Asset Protection: An Overview for Maryland Estate and Trusts Lawyers Maryland State Bar Association Continuing Education Course |
An overview of the intersection between asset protection and estate planning for estates and trusts lawyers in Maryland.
| 10/17/13 | The Estate (and Other) Tax Ramifications of Same Sex Marriage in Maryland Maryland State Bar Association Estate & Gift Tax Study Group |
A description of the tax and estate planning ramifications of the legality of same sex marriage in Maryland and including it in the interpretation of various Supreme Court cases.
| 3/15/12 | The “Terms of the Trust”: The Intersection of Planning and Litigation Maryland State Bar Association Estate & Trust Study Group |
A basic principle of trust interpretation is that the terms of the trust not only include the written document but also any admissible evidence that reflects the settlor’s intent in preparing a trust. This has great implications both for planning and litigation.
| 4/10/12 | Beneficiary Rights to Enforcement of Discretionary Trust Maryland State Bar Association Being a Trustee |
This includes a beneficiary’s basic rights to know about the trust provisions and to find out information that is necessary to enforce her/his rights as a trust beneficiary.
| 11/4/11 | Trust Litigation: Enforcement of Beneficiary Rights and Tortious Interference With an Inheritance Maryland State Bar Association Continuing Legal Education |
This describes the enforcement rights of a beneficiary to a trust in a trust and also the emerging tort of tortious interference with an expectancy.
| 11/18/10 | Asset Protection: An Overview for Maryland Estates & Trusts Lawyers Maryland Estate Bar Association Continuing Legal Education Course |
This is a comprehensive overview of asset protection aspects to estate planning.
| 5/13/09 | A Match Made in Heaven: Having Tenants by the Entirety for Credit Protection Without Sacrificing Estate Planning Maryland State Bar Association Section on Estates & Trusts Law Annual Spring Dinner |
| 6/8/09 | Back to the Future: Schoukroun and the Spousal Election Micpel Hot Topics in Elder Law: Estates & Trusts Update |
The Schoukroun case reestablished the traditional equity relief to expand the elective share for a spouse beyond simply the probate estate under some circumstances. It also permitted planning in those circumstances where such an expansion of the spousal rights would not be appropriate.
| 1/30/08 | Boilerplate Provisions: The Impact of “Standard” Will Provisions Anne Arundel County Bar Association Continuing Legal Education |
This is a description of so-called boilerplate provisions that are often thrown into a Will without serious consideration or discussion with a client. These provisions are important and cannot be just an automatic selection.
| 11/18/08 | Disclaimers Under the Uniform Disclaimer of Property Interest Act Estate Planning Counsel of Delaware |
This discussion encompasses the 75% basis step up that can be accomplished by using a disclaimer in a decedent’s estate.
| 2006 | Revocable Inter Vivos Trusts Micpel Continuing Legal Education |
| 2003 | Valuation Discounting: Family Limited Partnerships and Other Fractional Interest Planning Micpel Continuing Legal Education |
