2025 Virtual Estate, Trust, & Elder Law Institute

Presented by MoBarCLE, the Estate Planning and Probate Administration Committee, and the Elder Law Committee

Monday, February 23, 2026
8:30-9:30 a.m. | Plenary 1 | Probate legislative and case law update
The learning objective is to have all participants be aware of, understand and apply all legislative changes made in probate and trust law and procedure in the 2025 legislative session as well as the appellate rulings affecting probate and trust law and procedure made in the past 24 months.

Speakers: Daniel P. Wheeler, Kembell Woods & Martinsen LLP, Liberty; Comm. William J. Gust, Probate Commissioner-St. Louis County Court, St. Louis

9:30-9:35 a.m. | Break

9:35-10:25 a.m. | Plenary 2 | Clinical capacity vs. legal competency: Bridging the gap between medicine and law
The medical and legal fields both address a similar concept of capacity/competency, yet define these similar words in divergent ways. This can lead to physicians and lawyers inadvertently talking past each other leading to misinterpretation, inaccuracy, and confusion. This session will be focused on clarifying the history & tradition of clinical capacity, how it relates to legal competency, and how to more efficiently and accurately utilize physician testimony.

Speaker: Alexander Rose, MD, MPHS, Veritas Forensic Psychiatry, Richmond Heights

10:25-10:30 a.m. | Break

10:30-11:20 a.m. | Plenary 3 | Electronic wills and estate planning documents
We will discuss the new Missouri law permitting electronic signatures and remote witnessing of wills and other estate planning documents.

Speakers: Andrew M. Mitchell, Kembell Woods & Martinsen, LLP, St. Louis; Hon. Misty A. Watson, Saint Louis County Probate Court, St. Louis

11:20 a.m.-12:20 p.m. | Lunch

12:20-1:10 p.m. | Breakout 1A | Estate planning for the blended family
A discussion of the planning issues and pitfalls that can be encountered in estate planning for spouses in "blended" families-where each spouse may have children from prior marriages/relationships.

Learning objectives:

• Issues in picking successor "decision makers"—for durable powers, medical directives, and successor personal representatives and trustees.
• How do you protect each spouse from controversies with children, and protect each spouse's children from the surviving spouse?
• Issues with joint revocable trusts.

Speaker: Edward F. Reilly, Sandberg Phoenix & von Gontard, P.C., Clayton

12:20-1:10 p.m. | Breakout 1B | Ethical issues facing professional fiduciaries
A panel of professional fiduciaries and investment professionals will be discussing ethical issues faced by professional fiduciaries in connection with trust and investment management.

Learning objectives:

• General overview of ethical issues commonly faced by fiduciaries. 
• Gain insights in advising professional fiduciaries.
• Learn how to better draft documents to be administered by professional trustees or investment managers.

Speakers: Peter C. Palumbo, Oppenheimer & Co., Inc., St. Louis; Jack Cantalin, Oppenheimer & Co. Inc., St. Louis; Mike Bartolacci, ArchBridge Family Office, St. Louis; Jennifer L. Sanwald, ArchBridge Family Office, St. Louis

1:10-1:20 p.m. | Break

1:20-2:10 p.m. | Breakout 2A | Divorce and probate
This session will review interaction between family law and trust and estate law.

Learning objective:

• Review of antenuptial agreements and estate planning questions as they relate to dissolution of marriage cases.

Speakers: Clayton G. Kuhn, Sandberg Phoenix & Von Gontard PC, St. Louis; Christopher Karlen, Growe Eisen Karlen Eilerts, St. Louis

1:20-2:10 p.m. | Breakout 2B | Care contracts for the aging family member
There is a significant and growing trend for family members and close friends to serve as caregivers for their aging parents or loved ones. This program will include information on understanding and utilizing a personal care contract, the essential elements of a personal care contract, and Mo HealthNet considerations.

Learning objectives:

• Review of the essential elements of a personal care contract.
• Understanding of the Mo HealthNet considerations.

Speaker: M. Brigid Fernandez, Fernandez Elder Law, LLC, St. Louis

2:10-2:20 p.m. | Break

2:20-3:20 p.m. | Plenary 4 | Peeking under the hood: How the technology of AI leads to discrimination and bias
Advising others on the use of AI (artificial intelligence), or using AI yourself, requires an understanding of the technology behind AI and machine learning. As courts are reporting, use of AI in legal research is fraught with risk. This can be more easily managed if you understand the basics of the technologies. And, as consumers are reporting, biased decisions are being made. Managing such risks: it is what our profession does.

Learning objectives:

• Understand the basics of the technologies.
• Understand the basics of the vocabulary.
• Understand the ethical obligations for attorneys.
• Understand bias and discrimination in light of new technologies (AI and Machine Learning).

Speaker: B. Joyce Yeager, Author, editor, researcher, CIPP/U.S., CIPM, CIPT, FIP, Lawrence KS

3:20 p.m. | Adjourn

Tuesday, February 24, 2026
8:30-9:30 a.m. | Plenary 5 | The subtle art of mentoring 
The presentation is geared toward attorney wellbeing and how the development of strong mentor/mentee relationship can help enhance your legal practice.

Learning objectives:

• Volunteer to be a mentor.
• Seek out a mentor, regardless of age.
• Think of mentoring in an expansive way.

Speakers: Heather M. Hall, Hall Legal Group LLC, St. Peters; Hon. Nicole S. Zellweger, 21st Judicial Circuit (St. Louis County), Clayton

9:30-9:35 a.m. | Break

9:35-10:25 a.m. | Breakout 3A | Powers of attorney - Litigation and lessons learned 
Have you ever wondered: Who is entitled to an accounting from an attorney-in-fact? How do I request one? Who has standing to assert claims against an attorney-in-fact? What constitutes a principal's "estate plan" under section 404.714.1? Can attorneys-in-fact EVER make gifts of the principals' property to themselves?! If so, then this is the presentation for you!

Learning objectives:

• Analysis of the recent Broy opinion by the Eastern District Court of Appeals.
• Definition of "successors in interest" under section 404.717.
• Rules on the attorney-in-fact making gifts of the principal's property.
• Requesting accountings.
• The definition of an "estate plan" under section 404.714.1

Speakers: Timothy F. McCurdy, The McCurdy Law Firm, LLC, Chesterfield; Aaron K. Kirkland, Kembell Woods & Martinsen LLP, Overland Park, KS

9:35-10:25 a.m. | Breakout 3B | So you dabbled in probate… Now what?
This presentation will provide a basic overview of the full administration of a decedent's estate.

Learning objectives:

• Opening/grant of letters/deadlines.
• Inventory/management of assets.
• Accountings/settlements.
• Statutory fee calculation.

Speakers: Betty H. Schaefer, Kembell Woods & Martinsen LLP, St. Louis; Comm. Amy B. DeGraeve, Jackson Co. Circuit Court, Kansas City

10:25-10:35 a.m. | Break

10:35-11:25 a.m. | Breakout 4A | The art of trial practice 
This presentation will explore how to effectively frame and present these often emotionally charged disputes through persuasive trial techniques. The program will focus on key pretrial considerations that shape the outcome of a case, beginning with the development of a compelling trial theme. It will then address voir dire strategy, highlighting how to identify juror biases rooted in personal experiences with wills, trusts, and family conflict, while also using questioning to introduce and reinforce the case narrative. Finally, the presentation will discuss the strategic order of proof in a will contest case.

Speakers: Kelley F. Farrell, Blitz, Bardgett & Deutsch, LC, St. Louis; Andrew W. Blackwell, Blitz, Bardget & Deutsch, LC, St. Louis

10:35-11:25 a.m. | Breakout 4B | Guardianship and conservatorship after letters 
This session will explore the practical and legal considerations that arise after letters of guardianship have been issued. Focusing on post-appointment responsibilities, oversight, and common challenges, the presentation will provide insights into advising guardians and protecting the interests of wards and protectees. Topics will include statutory duties, medical and placement decisions, and reporting requirements.

Learning objectives:

• Identify legal duties and responsibilities of guardians following appointment;
• Discuss best practices and common issues in medical and placement decisions;
• Summarize scope of judicial oversight and reporting requirements post-letters.

Speakers: Maria Miskovic, Decision Advocates, Kirkwood; Tiffannie M. Kennedy, The Probate Law Center, Kansas City

11:25 a.m.-12:25 p.m. | Lunch

12:25-1:15 p.m. | Plenary 6 | Drafting and planning with retirement benefits: Navigating the post-2024 rules on separate account treatment, trust modifications, and powers of appointment 
Join us for an interactive panel discussion with Steve Gorin and Kathy Sherby to demystify drafting retirement provisions in your trust forms and planning with clients’ retirement benefits. Sample forms and written materials will be provided. The first part of the presentation will focus on the post-2024 final regulation rules on Separate Account Treatment, Trust Modifications, and Powers of Appointment, and what those rules mean for revising your forms and working with clients. Moderator Adrienne Davis will collect and present your questions regarding drafting and planning with retirement benefits to the panel. Attendees who have a basic working knowledge of the income tax rules governing deferrable inherited retirement benefits as modified by SECURE 2.0 and the July 2024 final regulations can expect to hit the ground running and dig into the practical questions of how to revise your forms, the questions to pose to your clients, and how to craft tailored legal advice that clients can follow.

Learning objectives:

• Presentation and written materials will address the impact of the post July 2024 rules regarding the separate accounts, trust modifications, and powers of appointment, on the law regarding estate and tax planning with retirement benefits.
• Attendees will learn how to update their trust forms regarding #1, including review of sample language.
• Attendees will learn how to develop a practical approach to advising clients on #1, including advising on the completion of a retirement beneficiary designation in light of the rule changes and sample questions to pose to clients to elicit necessary information to craft the retirement estate plan to match their needs.

Speakers: Kathleen R. Sherby, Bryan Cave Leighton Paisner LLP, St. Louis; Steven. B. Gorin, Thompson Coburn LLP, St. Louis
Moderator: Adrienne J. Davis, MGD Law, LLC, Clayton

1:15-1:20 p.m. | Break

1:20-2:10 p.m. | Breakout 5A | Managing complex trust litigation: Insights from the Thomas Hart Benton trust litigation 
Judge Styles will be discussing a variety of trial tips, tactics and tools related to complex trust litigation.

Speaker: Hon. Mark A. Styles, Jr., Jackson County Circuit Court, Kansas City

1:20-2:10 p.m. | Breakout 5B | Estate planning for high-net-worth clients 
This presentation discusses strategic planning decisions and offers tips, planning examples, calculations and formulas for working with high-net-worth clients that are balancing the desire to minimize estate tax and maximize step-up in basis for income tax purposes. There will be an analysis of planning with family limited partnerships, sales and gifts to intentionally defective grantor trusts, value-freeze strategies, defined value clauses, GST planning, grantor retained annuity trusts, spousal lifetime access trusts and estate tax mitigation strategies. Planning concepts will be explained through interactive examples.

Learning objectives:

• Learn how to design a plan for high net worth clients.
• Understand the key techniques for mitigating estate tax over time.
• Learn the important issues underlying high net worth planning and how to spot potential pitfalls.

Speaker: Justin W. Whitney, Lathrop GPM LLP, Kansas City

2:10-2:20 p.m. | Break

2:20-3:20 p.m. | Plenary 7 | Ethics landmines: Avoiding explosions in fiduciary representation 
Fiduciary clients come with built-in conflicts, divided loyalties, and plenty of gray areas. This session maps out the ethics landmines lawyers step on most often—and how to defuse them.  This interactive presentation will use factual hypotheticals to address the common ethical issues faced by attorneys, when advising clients who are acting as fiduciaries.

Learning objectives:

• Define fiduciary roles & responsibilities:
  • Clarify what it means for a client to serve as a fiduciary (trustee, executor, guardian, corporate officer, etc.) and the corresponding legal duties.
• Identify the lawyer’s dual obligations:
  • Explore the tension between advising the fiduciary as a client while ensuring the fiduciary fulfills obligations to beneficiaries or stakeholders.
• Navigate conflicts of interest:
  • Discuss common conflict scenarios (e.g., fiduciary’s personal interests vs. fiduciary duties) and strategies for lawyers to recognize and manage them ethically.
• Address confidentiality & communication challenges:
  • Examine how attorney-client privilege applies when the client is acting as a fiduciary, and how to handle requests for information from beneficiaries or co-fiduciaries.
• Apply best practices & risk management:
  • Provide practical tools for drafting engagement letters, documenting advice, and avoiding malpractice or disciplinary pitfalls when representing fiduciaries.

Speaker: Prof. Roberta 'Bobbi' Flowers, Stetson College of Law, St. Petersburg, FL

3:20 p.m. | Adjourn

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.