In case you've been wondering what your Estate Planning, Probate and Trust Section has done for you lately, and what the Section has planned for the rest of the year, please keep reading! As you may know, the Estate Planning, Probate and Trust Section helps members of the Bar with continuing legal education, develops legislative proposals for the Bar, and involves Section members in the activities of the Section. Here are some of the Section’s activities for 2003:
1. 2003 Mid-Year Meeting and Navigating the Waters of Estate Planning Seminar.
On June 13, 2003, more than 130 members of the Bar attended the Continuing Legal Education Seminar co-sponsored by the Section and the Bar entitled Navigating the Waters of Estate Planning.
The seminar boasted an interesting array of topics. Tom Coffman presented the ABC's of estate planning, wills, trusts and related documents; Phillip Fraim gave guidance on avoiding professional liability problems in estate planning and probate; Curtis Shacklett educated us on elder law issues in estate planning; Rick Kells spoke on obtaining estate and gift tax valuation discounts with LLCs and LPs; Jon Trudgeon advised how best to plan for retirement plan beneficiary designations; and Jim Calloway illustrated the practical use of technology in an estate planning and probate practice.
The Section held social events in conjunction with the seminar and provided lunch for seminar participants. The evening before the seminar, Section members and guests met in Bricktown for dinner and drinks. During the seminar, family members and guests enjoyed visiting the Omniplex, including the Titanic exhibit, and the adjacent Oklahoma City Zoo. Following the Seminar, Section members enjoyed watching the Oklahoma Redhawks play the Nashville Sounds at the Bricktown Ballpark.
2. November 2003 Advanced Estate Planning Seminar Featuring Conrad Teitell.
On November 7, 2003, the Section co-sponsors its advanced estate planning seminar with the Bar and the University of Oklahoma Foundation. Conrad Teitell is recognized as a national expert in the area of charitable giving and also is rumored to be a very entertaining speaker. This promises to be another outstanding advanced estate planning seminar.
3. 2003 Annual Meeting, Continuing Legal Education and Activities.
The Section holds its annual meeting beginning at 4:00 p.m. on November 13, 2003 in conjunction with the Bar's annual meeting. After the business meeting, Susan Shields presents an hour of continuing legal education on recent developments in estate planning, probate, and trust law. The Section then enjoys a social hour, and an informal question and answer session on the Section's proposed version of the Uniform Trust Code.
4. Legislative Proposals.
During the Section mid-year meeting on June 13, 2003, the Section approved three legislative proposals. The proposals were submitted as resolutions to the Board of Governors, which recommended that the House of Delegates approve the proposals. If approved by the House of Delegates, then these legislative proposals will be included in the 2004 OBA Legislative Program. The proposals are the result of significant time and effort by the Section's Legislative Committee.
a. Revised Uniform Trust Code.
The Legislative Committee has revised the Uniform Trust Code proposed by the National Conference of Commissioners on Uniform State Laws to address certain issues raised by Oklahoma practitioners. The Uniform Trust Code is a codification of the law of trusts which has been enacted in five states, and is currently under review in over thirty states. Although the Uniform Trust Code has been considered previously by the Oklahoma legislature, it is hoped that the revised version of the Uniform Trust Code which the Section proposes will better meet the needs of Oklahoma practitioners.
b. Advance Directive to Physicians Form.
The Section proposes a streamlined version of the Advance Directive to Physicians Form.
c. Guardianship Reports and Bonds.
The Section again proposes revisions to the Guardianship Act which would permit a Judge to waive accountings for a guardian of the person when appropriate and to waive bond for small guardianship estates regardless of the relation of the ward to the guardian. These proposals previously were passed by the Oklahoma legislature as a part of SB 725 in 2003; however, the bill was vetoed by the Governor. Since these legislative proposals were a part of the 2003 OBA Legislative Program, they will automatically be included in the 2004 OBA Legislative Program.
5. Enactment of Legislative Proposal.
Last year, Section members proposed revisions to 68 O.S. § 807 which governs the calculation of Oklahoma estate tax, to more clearly exclude from the value of the Oklahoma gross estate certain "annual exclusion gifts" made within three years of date of death. This clarification was enacted by the Oklahoma legislature in SB 430 and was signed into law by Governor Henry.
I would like to thank my fellow officers who have worked to provide excellent continuing legal education, legislative proposals and activities for the members of the Estate Planning, Probate and Trust Section. The Section officers for 2003 are:
Amy J. Sine, Chair
201 Robert S. Kerr Ave., Suite 1600
Oklahoma City, OK 73102
(405) 235-7000
(405) 235-7329 Fax
asine@hartzoglaw.com
Matt D. Matheson, Chair-Elect
525 S. Main St., Suite 800
Tulsa, OK 73103
(918) 599-7755
(918) 599-7756 Fax
mmatheson@barberbartz.com
L. Michele Nelson, Immediate Past Chair
320 S. Boston, Ste. 1700
Tulsa, OK 74103
(918) 584-0462
(918) 584-3724 Fax
mnelsonok@yahoo.com
Amanda McInnis-Nixon, Treasurer
13201 Blair Drive
Piedmont, OK 73078
(405) 522-1563 Work
amanda.nixon@oscn.net
Sharon Cole Jones, Secretary
The Oklahoma Eagle Building
624 E. Archer
Tulsa, OK 74120
(918) 582-9181
(918) 599-0250 Fax
sharonsmiles@hotmail.com
Susan B. Shields, 2003 Mid-Year Meeting Coordinator
201 Robert S. Kerr Ave.
Suite 1600
Oklahoma City, OK 73102
(405) 235-7000
(405) 235-7329 Fax
sshields@hartzoglaw.com
The Estate Planning, Probate and Trust Section is here to serve you. If you have ideas for continuing education or projects for the Section, do not hesitate to contact any officer. Thank you,
Amy J. Sine |