SECTION UPDATE
Estate Planning & Probate Section
By Roger Kirschenbaum
Roger Kirschenbaum, PC
[email protected]
A
utumn has been a great season for the Estate
Planning and Probate Section.
The Section’s October monthly breakfast featured David
Pollen in a last minute substitution for Dan Munster. David
stepped up to give the second of the two-part series titled
“Why Estate Planning Attorneys Should Not Ignore Elder
Law Issues.” David provided us with his materials on LongTerm Care Planning and Medicaid Qualification for the Elder
and Younger Disabled Client. In a stellar discussion, David
recounted several planning issues that applied to disabled
individuals and how planning can be done to maximize the
benefits available to them.
On October 28, 2014, one of the year’s featured events was
the 11th Annual Atlanta Estate Planning Forum, which is
sponsored by Diversified Trust Company and co-hosted by
the Tax Section and the Estate Planning & Probate Section.
Robert A. “Clary” Redd, a partner with Stinson Leonard Street
in St. Louis, Mo., was the featured speaker presenting “The
Ascendancy of Income Tax Planning.” As the landscape of
estate planning shifts for many clients from concerns about
federal estate taxes to concerns of income tax planning, Clary
discussed the various strategies that could be considered to
reduce the income tax consequences of trusts and estate
planning. This was a highly sophisticated presentation.
Clary went on to moderate a panel discussion on “Climbing
the Steps: Practical Implementation” with William C. (Bill)
Lankford, Jr. of Moore, Stephens, Tiller, LLC and Shari
B. Martin of Diversified Trust Company. This was a lively
hour and a half discussion, including significant comment
and participation by the attendees, regarding trust drafting,
accounting and administration from the perspectives of the
different professionals. Of course, the afternoon would not
have been complete without the unwinding and socializing
of the presenters and attendees at a cocktail reception. A
significant effort was made to put this event together, and we
thank Jessica Stembridge from Diversified Trust and Jessica
Galusha from the Atlanta Bar Association for their hard work.
The Official News Publication of the Atlanta Bar Association
Away from the tax side of estate planning, practitioners
are often faced with practical title matters in estates. Lack
of planning and lack of estate administration can lead to
potentially disastrous consequences for family real property.
The Section welcomed Shunta Vincent McBride of DLA
Piper as the speaker for November to bring us up to date on
the subject of “Heirs Property: Title Through Descendant’s
Estate & Georgia Real Property Title Standards.” As land
may be passed down without formalities, vesting at the
landowner’s death in the decedent’s heirs at law, it lends itself
to often overwhelming issues of title. Further, the potential
for economic value issues in such situations is equally
problematic. Georgia enacted the Uniform Partition of Heirs
Property Act, effective January 1, 2013, to address many of
these issues. Ms. McBride reviewed the statute, the process,
and the hope that the enactment of the statute would provide
real protection for familial landowners from land loss.
In December, we will welcome Ronnie Genser to speak
on “P.O.L.S.T. and Advance Directives, The Conversations
Behind the Forms.”
As always, I thank the Board members of the Section and
our sponsors for their continuing work and involvement with
our members.
November 2014
THE ATLANTA LAWYER
43