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Estate Planning Essentials Estate Planning Essentials 19-21 Friday, May 31, 2019 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE SC Supreme Court Commission on CLE Course No. 194818E Table of Contents Substantive Law of South Carolina .................................................................................................. 7 Melody Breeden Initial Estate Planning Interview ......................................................................................................29 Scott W. Hutto Drafting Wills– Scenario 1 ................................................................................................................59 Scott W. Hutto Non-Probate Transfers ......................................................................................................................70 Catherine H. Kennedy Drafting Wills-Scenario 2 ................................................................................................................105 Matthew Myers Drafting Financial Powers of Attorney, Health Care Powers of Attorney and Living Wills .....118 Matthew Myers Drafting Revocable Trusts-Scenario 3 ...........................................................................................145 Patricia Scarborough Drafting Revocable Trusts- Scenario 4 ..........................................................................................188 Catherine H. Kennedy Ethical Pitfalls in Estate Planning ..................................................................................................235 Patricia Scarborough SC Bar-CLE publications and oral programs are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Publications are distributed and oral programs presented with the understanding that the SC Bar-CLE does not render any legal, accounting or other professional service. Attorneys using SC Bar-CLE publications or orally conveyed information in dealing with a specific client's or their own legal matters should also research original sources of authority. ©2019 by the South Carolina Bar-Continuing Legal Education Division. All Rights Reserved THIS MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE CLE DIVISION OF THE SC BAR. TAPING, RECORDING, OR PHOTOGRAPHING OF SC BAR-CLE SEMINARS OR OTHER LIVE, BROADCAST, OR PRE-RECORDED PRESENTATIONS IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SC BAR - CLE DIVISION. Estate Planning Essentials Friday, May 31, 2019 This program qualifies for 6.75 MCLE; 0.75 LEPR SC Supreme Commission on CLE Course #: 194818E 8:30 a.m. Registration 8:55 a.m. Welcome and Opening Remarks 9:00 a.m. Substantive Law of South Carolina Melody Breeden Turner Padget Graham & Laney, PA 9:45 a.m. Initial Estate Planning Interview Scott W. Hutto Hutto Law Firm, PA 10:15 a.m. Break 10:30 a.m. Drafting Wills- Scenario 1 Scott W. Hutto 11:15 a.m. Non-Probate Transfers Catherine H. Kennedy Turner Padget Graham & Laney, PA 12:00 p.m. Lunch 12:30 p.m. Drafting Wills-Scenario 2 Matthew Myers Sweeney, Wingate & Barrow, PA 1:15 p.m. Drafting Financial Powers of Attorney, Health Care Powers of Attorney and Living Wills Matthew Myers 2:15 p.m. Break 2:30 p.m. Drafting Revocable Trusts-Scenario 3 Patricia Scarborough Evans Carter Kunes & Bennett, PA 3:00 p.m. Drafting Revocable Trusts-Scenario 4 Catherine H. Kennedy 3:30 p.m. Panel Discussion and Planning Scenarios Wrap-up 4:00 p.m. Ethical Pitfalls in Estate Planning Patricia Scarborough 4:45 p.m. Adjourn Estate Planning Essentials SPEAKER BIOGRAPHIES (by order of presentation) Scott W. Hutto Hutto Law Firm (course planner) Scott W. Hutto is the sole shareholder of Hutto Law Firm, P.A., located in Georgetown, South Carolina. Scott practices in the areas of estate planning, probate administration, probate litigation and corporate planning. Scott received his B.A. degree, cum laude, from Wofford College in 1991 and his J.D. degree from the University of South Carolina in 1998. He is a member of the American Bar Association, the South Carolina Bar and the Georgetown County Bar. In 2005, Scott was initially certified as a Specialist in Estate Planning and Probate Law by the South Carolina Supreme Court and was re-certified in 2015. Scott is also a Fellow of the American College of Trust and Estate Counsel (ACTEC). He has served two terms as a member of the Estate Planning and Probate Law Specialization Advisory Board, and he is a frequent speaker on the topics of estate planning and probate administration. Scott is active in his community and is Co-chair of Georgetown Bridge to Bridge ½ Marathon Committee and a board member of the Tidelands Community Hospice Foundation. Scott is a past board member of the following organizations: Probate, Estate Planning and Trust Section of the South Carolina Bar, Georgetown County Board of Education, Waccamaw Community Foundation, Friendship Place, Freedom for Kids Playground, Arial, A Ministry of Proclamation and All Saints Church, Pawleys Vestry. He is a member of Prince George, Winyah Church. Before attending law school, Scott served four years as an Air Defense Officer in the United States Army. Scott has been married to his wife, Laura, for Twenty-seven years, and they have two children. Catherine H. Kennedy Turner Padget Graham & Laney, PA (course planner) Catherine Hood Kennedy is a certified specialist in Estate Planning and Probate Law, practicing with the firm of Turner Padget Graham & Laney, PA., in its Columbia office. Ms. Kennedy received her J.D. degree, cum laude, from the University of South Carolina School of Law. She is a past-chair of the Probate and Estate Planning Section of the Bar, is a fellow of the American College of Trust and Estate Counsel, is listed in Best Lawyers in America--Trust and Estates and Litigation-Trusts and Estates and has been named a South Carolina Super Lawyer in Estate and Trust Litigation. From 1987 to 1999, she served as the Richland County Probate Judge. Ms. Kennedy frequently testifies before legislative committees on changes in South Carolina probate and trust law and serves as an expert witness in probate matters. She served on the committee studying the Uniform Trust Code, which resulted in the enactment of the South Carolina Trust Code in 2005 and chaired the Bench/Bar committee that recommended the changes to the South Carolina Probate Code, which become effective in 2014 and 2016. She is the author of the chapter on estate planning in A Practical Guide to Elder and Special Needs Law in South Carolina. Since 2000, Ms. Kennedy has been a South Carolina certified mediator and arbitrator. She was involved in drafting S. C. Probate Court Rule 5, which provides for mediation in the probate courts. Ms. Kennedy has served in the South Carolina Bar’s House of Delegates since 2002 and is currently a member of the Board of Governors of the Bar. Melody Breeden Turner Padget Graham & Laney, PA Melody Breeden is a Shareholder at Turner Padget Graham & Laney, PA. She has been practicing estate planning and probate law primarily in the Myrtle Beach area since 2002. Melody is licensed in both North and South Carolina. Melody is certified as a Specialist in Estate Planning and Probate Law by the South Carolina Supreme Court. Melody is a fellow of the American College of Trust and Estate Counsel. Melody is also certified by the South Carolina Board of Arbitrator and Mediator Certification as a Civil Court Mediator. Melody is the 2018/2019 Chair of the Probate, Estate Planning and Trust Council of the South Carolina Bar. She serves on the South Carolina Estate Planning and Specialization Advisory Board. Melody is a member of the following Bar Associations: the American Bar Association, the Horry County Bar Association, the North Carolina State Bar, the North Carolina Bar Association, and the South Carolina Bar. She is a Member of the SC Bar House of Delegate. Melody is also a member of the following organizations: Elder Law Committee of the South Carolina Bar; Grand Strand Area Estate Planning Council; Horry County Probate Court Advisory Council; Chair of the Coastal Planned Giving Advisory Council of Coastal Carolina University; and National Association of Elder Law Attorneys (NAELA). Melody is a Practical Law Contributor for Thomas Reuters on the topics of Health Care Powers of Attorney, Ancillary Probate, Signature Pages for Wills & Self Proving Affidavits, Wills, Probate, Revocable Trusts, and Powers of Attorney for South Carolina. Matthew Myers Sweeney, Wingate & Barrow, PA Matt focuses his practice in the general areas of trusts, estates, probate, taxation, business entities, and nonprofits, including planning, administration, litigation, and transactions in each of these areas. He is a certified specialist in Estate Planning and Probate Law, a member of the Columbia Estate Planning Counsel and the Columbia Tax Study Group, and the author of "The South Carolina Personal Representative Handbook,” as published by the South Carolina Bar Association. In law school, Matt served as an editor for the Real Property Probate and Trust Journal, before going on to obtain an advanced degree in taxation from the University of Florida. Prior to law school, Matt studied economics at the University of South Carolina Honors College and subsequently worked in the banking industry for several years as a commercial loan officer and credit analyst. Matt is a native of Darlington, South Carolina, and is married to
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