agenda The Historic Davenport10 South Post StreetSpokane, WA 99201

2019 Real Property, Probate and Trust Section

MIDYEAR MEETING AND CONFERENCE

Invested in your success.™WSBA CLE|

Friday – Sunday

June 7-9, 2019

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2019 Real Property, Probate and Trust Section

MIDYEAR MEETING AND CONFERENCE

Please join the Real Property, Probate and Trust Section for its annual event where attendees will immerse themselves in the latest planning techniques and critical developments for real property and probate and trust lawyers. Attendees can benefit from programing covering a wide range of advanced level, Washington specific planning topics and will customize their learning experience by attending specialized program tracks. Our outstanding faculty includes many of your favorite Washington speakers, as well as a number of new faces providing a fresh look at key issues in real property, probate and trust law.

Attendees can also benefit from practical guidance on current issues through a collegial learning atmosphere where networking opportunities abound and are encouraged.

Some of the highlights of this year’s mid-year meeting include:

� A thorough review of case law and legislative updates;

� An analysis of ethical considerations required to keep your practice current;

� A discussion of current events at WSBA and how they could impact your practice;

Concurrent sessions focusing on hot topics in real property or in probate and trust areas will include:

� A review of how technology may impact our estate planning practices;

� An analysis of litigation in trust and estate;

� Proposed legislative fixes for WUCIOA;

� An update on Commercial Brokerage Association forms

Special Event: The 7th Annual Fun Run in honor of Scott A.W. Johnson will take place on the beautiful Spokane River along the falls. Information will be posted on the RPPT website.

LODGING INFORMATION:The room block is for Friday and Saturday nights. Please call (509) 455-8888 or visit: http://tinyurl.com/RPPT2019 to reserve your room in the Historic Davenport Hotel. The Group Rate is $169/night.

Room block cutoff is May 8th after which reservations are based on availability and the room prices may increase. Guest room rates include complimentary wireless and discounted parking.

WSBA CLE #19704SPO

CREDITSApproved for 12.0 CLE credits, including 10.0 Law and Legal Procedure + 2.0 Ethics

TUITION$450 –  Standard/Non-Section

Members

$425 –  Real Property, Probate and Trust Section Members

SECTION PARTNERWSBA Real Property, Probate and Trust Section

PROGRAM CHAIR: Stephanie R. Taylor Randall Danskin PS, Spokane

PROGRAM CO-CHAIRSA. Paul Firuz KHBB Law, Seattle

Keaton G. Hille Hanson Baker Ludlow Drumheller P.S., Bellevue

DATESFriday – Sunday June 7 – 9, 2019

REGISTRATIONOnline at wsbacle.orgenter 19704SPO in the search field.

VENUEThe Historic Davenport Hotel10 South Post StreetSpokane, WA 99201

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11:45 a.m. Check-in • Walk-in Registration Coffee and Light Snacks

12:50 p.m. Welcome and Introductions by Program ChairStephanie R. Taylor – Randall Danskin PS, Spokane

1:00 p.m. 2019 Real Property UpdateThis session will review recent legislation, regulatory matters and court decisions affecting real estate transactions in Washington.

Scott B. Osborne – Foster Pepper PLLC, Seattle

2:00 p.m. Probate & Trust UpdateThis will be a discussion of the last 12 months’ most important cases and legislation in the areas of estate planning, probate and trusts.

RoseMary Reed – Stokes Lawrence PS, Seattle

3:00 p.m. BREAK

3:15 p.m. Legal Project Management This session will discuss best practices for lawyers in legal pricing and project management, with a corresponding discussion of the relevant Washington ethical rules. This session will also focus on the most common scenarios and provide suggestions for how to keep clients happy and fulfill ethical obligations at the same time.

April L. Anderson – Randall Danskin, P.S., Spokane

Devin P. McComb – Perkins Coie, Seattle

4:15 p.m. Overview of the Disciplinary Process, Case Law Updates, and Best Practices

Overview of the Disciplinary Process (and how to avoid it). A discussion of how the disciplinary process works and common pitfalls for probate practitioners.

Francesca D’Angelo – Senior Disciplinary Counsel, Washington State Bar Association, Seattle

5:15 p.m. Real Property, Probate and Trust Section Business Meeting

5:30 p.m. ADJOURN Day 1 Hosted Reception immediately following today’s program.

DAY 1 FRIDAY, JUNE 7, 2019

We wish to recognize and thank ASCENT PRIVATE CAPITAL MANANGEMENT for underwriting this reception. Please join us for a relaxing opportunity to visit with your peers from around the state.

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7:30 a.m. Late Check-in • Walk-in Registration Buffet Breakfast

MORNING PLENARY SESSIONS

8:25 a.m. Welcome and Introductions by Program Co-Chairs

A. Paul Firuz – KHBB Law, Seattle, WA

Keaton G. Hille – Hanson Baker Ludlow Drumheller P.S., Bellevue

8:30 a.m. Hot Topics at WSBA: Practicing Law in the State of Washington

P.J. Grabicki, a member of the WSBA Board of Governors and BOG Liaison to the RPPT along with Annie Fitzsimmons, Chair of the RPPT, will lead a discussion considering the future of the Bar Association and the section in light of the Supreme Court Workgroup meetings, recent Legislation, WSBA governance activities, Section financial strength and other considerations. With much in flux, PJ and Annie will attempt to quiet unfounded rumors, illuminate real issues and share information that will hopefully help RPPT and WSBA members better chart a course forward that promotes good outcomes for members, consumers and the Washington legal community.

P.J. Grabicki – Randall Danskin, PS, Spokane

Annie T. Fitzsimmons – Annette T. Fitzsimmons P.S., University Place

9:30 a.m. Gifts, Death & Dirt – Real Property in Trust and Estate Planning

This presentation will focus on several real estate issues that arise in administering a trust or estate. We will discuss fiduciary duties regarding sales of real estate, the appropriate means of conveyance, seller disclosures, and tax considerations.

Probate: Anna M. Cashman – Kutscher Hereford Bertram Burkart Brown & Cashman PLLC (KHBB Law), Seattle

Real Property: Nathan G. Smith – Kutak Rock LLP, Spokane

10:30 a.m. BREAK and move to concurrent sessions

DAY 2 SATURDAY, JUNE 8, 2019

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REAL PROPERTY TRACK

10:45 a.m. Developments and Trends in Real Estate Brokerage

The real estate brokerage industry is being transformed by innovative competition, adaptation of technology, savvy consumers and litigation. Chris and Hunter will discuss regional and national trends that transactional and litigation counsel ought to know, including evolving technologies and the problems they are designed to solve and the problems they create, innovations in finding and closing on properties, emerging and dying business models and the litigation and liability resulting from it all.

Hunter G. Jeffers – Stoel Rives LLP, Seattle

Christopher R. Osborn – Stoel Rives LLP, Seattle

11:45 a.m. Select Liens on Real Property (including WUCIOA Liens)

This segment will provide an overview of select liens against real property. It will discuss construction liens (fka mechanic’s liens), state and federal tax liens, judgment liens, and liens under WUCIOA (condominium and association liens). The following topics will be covered for each type of lien, as applicable: (a) eligibility to claim a lien; (b) attachment and perfection; and (c) the foreclosure process.

Magnus R. Andersson – Hanson Baker Ludlow Drumheller P.S., Bellevue

12:45 p.m. ADJOURN Day 2

PROBATE & TRUST TRACK

10:45 a.m. One Click Estate Planning: Can’t I Just Do This Online?

The Future of Estate Planning, including:

� Proposed Uniform Electronic Wills Act

� Cases Involving Electronic Wills

� Blockchain Technology and Estate Planning on the Blockchain

� Online Will Drafting Programs

Heidi L. G. Orr – Lane Powell, PC, Seattle

11:45 a.m. Life’s a Breach, and so You Litigate

A panel of experienced litigators discuss breach of fiduciary duty claims, standards of care, the role of experts, and potential defenses.

Karolyn Hicks – Stokes Lawrence, Seattle

Hans Juhl – Ryan, Swanson & Cleveland, PLLC, Seattle

Pat Shirey – Attorney at Law, Yakima

12:45 p.m. ADJOURN Day 2

CONCURRENT SESSIONSChoose between two content tracks. Attendees are free to move back and forth between the concurrent tracks.

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PROBATE & TRUST TRACK

7:55 a.m. Welcome and Introductions by Program Co-Chair

A. Paul Firuz – KHBB Law, Seattle, WA

8:00 a.m. Charitable Gifts Gone Awry: Cy Pres and Equitable Deviation

Gail Mautner – Lane Powell PC, Seattle

9:00 a.m. The NIPs and Tucks of RathboneA history of nonintervention powers in the state of Washington and a review of the Supreme Court’s decision in Rathbone.

Thomas M. Culbertson – Lukins Annis, Spokane

Doug Lawrence – Stokes Lawrence, Seattle

10:00 a.m. BREAK

7:00 a.m. Late Check-in • Walk-in Registration Buffet Breakfast

CONCURRENT SESSIONSChoose between two content tracks. Attendees are free to move back and forth between the concurrent tracks.

DAY 3 SUNDAY, JUNE 9, 2019

REAL PROPERTY TRACK

7:55 a.m. Welcome and Introductions by Program Co-Chair

Keaton G. Hille – Hanson Baker Ludlow Drumheller P.S., Bellevue

8:00 a.m. WUCIOA One Year Later After the 2018 sea change for common interest communities that WUCIOA initiated, practitioners and their clients have had to deal with practical issues for its implementation. This session will review the WUCIOA-related results of the 2019 Legislative Session, including implied warranties and construction defect liability, and other WUCIOA topics of interest to attorneys, community associations, developers and homeowners, including whether, when and how existing communities should opt into WUCIOA, developer responsibilities before and at turnover, and phasing of projects, with ample time for questions.

Joseph P. McCarthy – Stoel Rives LLP, Seattle

Joshua Rosenstein – Hanson Baker Ludlow Drumheller P.S., Bellevue

Theresa M. Torgesen – Sound Legal Partners, PLLC, Kenmore

10:00 a.m. BREAK

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REAL PROPERTY TRACK continued

10:15 a.m. The Receivership Advantage: A Focused Solution to Distressed Collateral

Douglas R. Cameron – Hanson Baker Ludlow Drumheller P.S., Bellevue

Sid Constantinescu – Pacific Crest Realty Advisors, LLC, Bellevue

11:15 a.m. Entitlements and Title: The Intersection of Land Use Issues in Real Estate Transactions, How to Identify and Resolve

Obtaining zoning letters from local government, ALTA surveys and minimum standards, when do land use permits expire and why is that important, what is the doctrine of finality, code enforcement, critical areas, dormant mineral rights, the other unknowns and getting creative with potential title solutions or options.

James D. Howsley – Jordan Ramis, Vancouver

Stephen “Mickey” Gerdes II – First American Title Company, Spokane

12:15 p.m. ADJOURN Conference

PROBATE & TRUST TRACK continued

10:15 a.m. Hot Topics in Estate Planning and Trust and Estate Administration

This Session will cover current federal and state developments related estate planning and trust and estate administration, including an update on the tax act, planning with retirement accounts, portability concerns and IRS Closing Letters.

Stephanie R. Taylor – Randall Danskin PS, Spokane

11:15 a.m. Fiduciary Accounting: Best Practices and Pitfalls to Avoid for Trustees, Personal Representatives, and Powers of Attorney

Help clients understand fiduciary accounting obligations with a review of the statutory framework guiding fiduciary accountings, best practices in risk management, and cautionary tales of accountings gone awry.

A. Paul Firuz – KHBB Law, Seattle

Alicia O’Mary – Washington Trust Bank, Seattle

Peri Pentz-Brown – Washington Trust Bank, Spokane

12:15 p.m. ADJOURN Conference

Nonprofit Org.U.S. Postage Paid

Seattle, WAPermit No. 2204

Washington State Bar Association1325 4th Avenue, Suite 600Seattle, WA 98101-2539

Invested in your success.™WSBA CLE|

Thanks to Our Sponsors

Gold Silver

2019 Real Property, Probate and Trust Section

MIDYEAR MEETING AND CONFERENCE Friday – Sunday, June 7 – 9, 2019The Historic Davenport Hotel10 South Post StreetSpokane, WA 99201

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