Estate Planning 2020

Estate Planning 2020


5.5 WV MCLE Credits; 6.0 PA MCLE Credits, including 0.5 Ethics Credits.

Digital Coursebook Included

Credit Available for Ohio, Pennsylvania, and Virginia.


  • Joshua Rogers, Esq., Dinsmore & Shohl, LLP
  • Anna M. Price, Esq., Jenkins Fenstermaker, PLLC
  • John F. Allevato, Esq., Spilman, Thomas & Battle, PLLC
  • Marcia Broughton, Esq., Jackson Kelly PLLC
  • Steven Luby, Esq., Steptoe & Johnson, PLLC
  • John Hussell, Esq., Wooton, Davis, Hussell & Johnson, PLLC

Course Information:


  • Revising Retirement Account Planning After the SECURE Act

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. The 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

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 the changes throughout the probate process.

  • Federal Tax Update and Developments

An update of recent developments in federal tax for the estate planner.

  • Same Wine, New Bottle: The West Virginia Decanting Act

The West Virginia Legislature in 2020 adopted the West Virginia version of the Uniform Trust Decanting Act, as promulgated by the Uniform Law Commissioners. This very important piece of trust legislation, now part of our Uniform Trust Code, at Article 8B of Chapter 44D, is another important and must know law in the estate planner’s toolkit. We will review the provisions of this new law and its utility in trust administration and management.

  • Designing the Trustee Role: The West Virginia Uniform Directed Trust Act and Other Considerations

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?page3image51804416

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