42nd Annual Duke Estate Planning Conference
October 6-9, 2020 (Virtual)
Thomas W. Abendroth
Schiff Hardin LLP
Thomas W. Abendroth is a partner in the Chicago law firm of Schiff Hardin LLP and practice group leader of the firm’s Private Clients, Trusts and Estates Group. He concentrates his practice in the fields of estate planning, federal taxation, and business succession planning. Tom is a 1984 graduate of Northwestern University School of Law, and received his undergraduate degree from Ripon College, where he currently serves on the Board of Trustees. He has co-authored a two-volume treatise entitled Illinois Estate Planning, Will Drafting and Estate Administration, and a chapter on sophisticated value-shifting techniques in the book, Estate and Personal Financial Planning. He is co-editor of Estate Planning Strategies After Estate Tax Reform: Insights and Analysis (CCH 2001). Tom has contributed numerous articles to industry publications, and previously served on the Editorial Advisory Board for ABA Trusts & Investments Magazine. He is a member of Duke University Estate Planning Council. Tom is a frequent speaker on tax and estate planning topics at banks and professional organizations. In addition, he is a co-presenter of a monthly teleconference series on estate planning issues presented by the American Bankers Association. Tom has taught at the American Bankers Association National Graduate Trust School since 1990. He is a Fellow of the American College of Trust and Estate Counsel.
Turney P. Berry
Wyatt, Tarrant & Combs
Turney P. Berry concentrates his practice in the areas of estate planning, fiduciary matters, and charitable planning. Mr. Berry is Chair of Wyatt, Tarrant & Combs’ Trusts, Estates & Personal Planning Service Team and a past member of the firm’s Executive Committee.
Mr. Berry is active in the American College of Trust and Estate Counsel (ACTEC), and has served as President of the ACTEC Foundation, Regent of the College, State Chair for Kentucky, Chair of the Estate & Gift Committee, and Chair of the Charitable and Tax Exempt Committee. Currently he serves as a member of the State Laws Committee, Long Range Planning Committee and as the ACTEC Liaison to the Uniform Law Commission.
As a Uniform Law Commissioner, Mr. Berry currently serves as Co-Chair of the Drafting Committee on Economic Rights of Unmarried Cohabitants Act, Member of the Drafting Committee on Revised Disposition of Community Property Rights at Death Act, and Vice-Chair of the Drafting Committee on Conflicts of Laws in Trusts and Estates, and Member of the Joint Editorial Board for Uniform Trust and Estate Acts. He has served as chair of the Uniform Fiduciary Income and Principal Act (UFIPA), chair of the Uniform Power of Appointment Act, Vice Chair of the Drafting Committee on Electronic Wills Act, and as a member of the drafting committees for the Directed Trust Act, the Revised Fiduciary Access to Digital Assets Act, the Trust Decanting Act, the Insurable Interests in Trusts Act, the Premarital and Marital Agreements Act, the Transfer on Death Deeds Act, and the Uniform Probate Code Artificial Reproductive Technology provisions, and an adjunct member of the Fundraising Through Public Appeals Act.
Mr. Berry is a Fellow of the American College of Tax Counsel, a member of the American Law Institute, a member of the Advisory Council of the Heckerling Institute on Estate Planning, a Member of the Advisory Board of Trusts and Estates Monthly, a member of the Joint Editorial Board for Uniform Trust and Estates Act, and a member of the Bloomberg BNA Tax Advisory Board (Estates, Gifts, and Trusts). He serves as Adjunct Professor at the University of Miami Estate Planning LLM Program (Business Succession Planning), and has served as Adjunct Professor at Vanderbilt University, the University of Missouri, and the University of Louisville, and regularly speaks at the nation’s leading estate planning conferences. Since 1996, Mr. Berry has served as Co-Chair of the Midwest/Midsouth Estate Planning Institute at the University of Kentucky (the longest continuously run CLE event in Kentucky).
Mr. Berry has been certified as an Accredited Estate Planner® (AEP®) by the National Association of Estate Planners & Councils and is a member of its Estate Planning Hall of Fame [Kentucky does not recognize legal specialties]. He is listed in Woodward/White’s The Best Lawyers in America® and in the Kentucky Super Lawyer Magazine in the area of Trusts and Estates.
A native of Tennessee, Mr. Berry received his B.A. and B.L.S. in 1983 from the University of Memphis and his J.D. in 1986 from Vanderbilt University.
Austin Bramwell is a partner in the Trusts & Estates Group of Milbank LLP in New York and an Adjunct Professor of Law and New York University School of Law, where he teaches income taxation of trusts and estates. He is co-chair, estates and trusts, of the Executive Committee of the New York State Bar Association Tax Section. In 2017 and 2018, he served in the U.S. Treasury Department’s Office of Tax Policy, where he helped craft the landmark Tax Cuts and Jobs Act of 2017, and worked on important tax regulatory projects within the Treasury Department. A frequent lecturer and author of numerous articles in tax and estate planning, he is a Fellow of the American College of Trusts and Estates Counsel and an Academician of The International Academy of Estates and Trusts Law. He clerked for the Hon. Timothy M. Tymkovich, Chief Judge of the Tenth Circuit Court of Appeals.
Lawrence Brody is a Senior Counsel at Bryan Cave Leighton Paisner LLP, an international law firm, resident in the St. Louis office. He is a member of its Private Client Service Group and its Technology, Entrepreneurial & Commercial Practice Client Service Group. He retired as an Adjunct Professor at Washington University School of Law, teaching Estate Planning and Drafting, after fifty years; is a visiting Adjunct Professor at the University of Miami Law School, teaching a course on Life Insurance, and is the author or co-author of numerous articles and books on the use of life insurance in estate and employee benefit planning, including two BNA Tax Management Portfolios, two books for the National Underwriter Company, and a number of volumes in the ABA Insurance Counselor Series.
Bryan Cave Leighton Paisner LLP
Mr. Brody is a member of The American College of Trust and Estate Counsel (ACTEC), is a frequent participant at ALI-ABA (now ALI-CLE) estate planning programs and Society of Financial Professionals programs and teleconferences, and has spoken at all major life insurance industry programs (including the MDRT, LIMRA, the Top of the Table, AALU and the International Forum), many local estate planning council meetings, a number of state bar association conferences, and many national estate planning programs, including the Heckerling Institute, the Notre Dame Estate Planning Conference, the ALI-CLE STEP program, the Southern Federal Tax Institute, the NYU Tax Institute, the NAEPC Annual Meeting, and regional ACTEC meetings as well as at several ACTEC Annual Meetings.
He is an emeritus member of the Advisory Committee for the Philip E. Heckerling Institute on Estate Planning, of the University of Miami School of Law, and a member of the Editorial Board of the Society of Financial Service Professionals CLU Journal. Mr. Brody received the designation of Accredited Estate Planner by the National Association of Estate Planners and Councils, and was one of ten individuals awarded its Distinguished Accredited Estate Planner designation in the initial class, in 2004 and was named in the Private Wealth Law Section of Chambers High Net Worth Guide. Mr. Brody was named a Distinguished Law Alumni by Washington University School of Law in 2012.
University of Missouri School of Law
Professor English joined the MU law faculty in 1999, following a career as an estate planning partner with the Chicago law firm of D’Ancona & Pflaum and teaching at the Universities of South Dakota and Santa Clara.
Professor English is best known for his work with the Uniform Law Commission, for which he was the Reporter for the Uniform Trust Code, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, and the Uniform Health-Care Decisions Act, and was the Chair of the drafting committee on the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. He has also been active in the American Bar Association and Missouri Bar. For the 2018-2019 Bar Year, he serves as Chair of the ABA Section of Real Property Trust and Estate Law, and he is a former Chair of the ABA Commission on Law and Aging, a former member of the ABA House of Delegates, and a former Chair of the Probate and Trust Committee of the Missouri Bar.
Professor English is co-author of the three-volume treatise, Tax, Estate and Financial Planning for the Elderly, successor author of volumes 4A, 4B, and volumes 5 through 5D of Missouri Practice, and co-author of the books Wills, Trusts and Estates, Principles of Wills, Trusts and Estate, and the Fiduciary Accounting and Trust Administration Guide. He teaches Estates and Trusts, Estate Planning, Elder Law, and Fiduciary Administration.
Beth Shapiro Kaufman
Caplin & Drysdale
Beth Shapiro Kaufman is a Member in Caplin & Drysdale’s Washington, D.C., office. Ms. Kaufman assists wealthy individuals with their estate planning, with a focus on minimizing taxes. She also advises lawyers and other professionals on complex issues regarding estate, gift, and generation-skipping transfer taxes. Ms. Kaufman is member of the adjunct faculty teaching generation-skipping transfer tax at Georgetown Law School and the University of Miami Heckerling Graduate Program in Estate Planning. Prior to rejoining Caplin & Drysdale in 2001, Ms. Kaufman worked for over six years in the Treasury Department’s Office of Tax Policy, where she had principal responsibility for all tax policy matters affecting trusts and estates. Ms. Kaufman is a Fellow of the American College of Trust and Estate Counsel and currently chairs its Tax Policy Study Committee. She is a graduate of Harvard Law School, where she was Notes Editor of the Harvard Law Review, and Pomona College.
Robert K. Kirkland
Kirkland Woods & Martinsen LLP
Bob Kirkland is founding partner of the law firm of Kirkland Woods & Martinsen LLP, which has offices in Liberty, Missouri, Springfield, Missouri, Clayton, Missouri and Overland Park, Kansas. He is licensed to practice law in Missouri and Kansas. He works with a variety of individual clients, handling the preparation of estate planning instruments, and counseling clients in the areas of estate and gift tax minimization, probate avoidance, gifting techniques, asset protection, charitable planning and business succession planning. He also advises fiduciaries in estate, conservatorship and trust administration matters.
Mr. Kirkland is a Fellow of the American College of Trust and Estate Counsel (“ACTEC”), is a past Missouri State Chair of ACTEC, and a past member of the ACTEC Board of Regents and ACTEC Executive Committee. He is also a member of the Employee Benefits Committee (past Chair), Sponsorship Advisory Committee (past Chair), Digital Property Committee, Family Law Task Force, Membership Selection Committee, and Communications Committee of ACTEC, as well as a past Chair of the ACTEC Bylaws and Manuals Committee. He is listed in the last twenty-plus editions of The Best Lawyers in America and the most recent additions of Super Lawyers. Mr. Kirkland has successfully completed the Effective Probate Mediation Training course sponsored by ACTEC, and frequently serves as a mediator of trust and estate disputes.
Among several professional and civic activities, Mr. Kirkland serves as a Vice Chair of the Missouri Bar Probate and Trust Committee, and a member of the editorial board of Trusts and Estates magazine. He is also a member of the Program Committees of the Duke University Estate Planning Conference and the Illinois Institute of Continuing Legal Education’s (IICLE’s) Estates and Trusts Short Course, as well as a Chancellor of the Heart of America ACTEC Fellows Institute.
Mr. Kirkland is a frequent author and lecturer in the estate planning and charitable giving areas. He has lectured on a variety of topics at seminars sponsored by ACTEC, The Heckerling Institute, ALI-CLE, Society of Trust and Estate Practitioners, The Missouri Bar, The Kansas Bar Association, The Iowa Bar, IICLE, The Ohio Bar, The Idaho Bar, The Florida Bar, The Oklahoma Bar Association, the Hawaii Tax Institute, the Southern Federal Tax Institute, the Notre Dame Estate Planning Institute, the Duke University Estate Planning Conference, the ACTEC Florida Fellows Institute, the UCLA Institute on Estate Planning, The MO-KAN Trust Conference, the Financial Services Professionals, the American Heart Association, and the Estate Planning Councils of Baltimore, Charlotte, Greenville, Little Rock, Louisville, New York City, Philadelphia, St. Louis, Boca Raton and West Palm Beach.
Mr. Kirkland holds a B.S. in accounting from William Jewell College (1980), a J.D. from the University of Missouri-Kansas City School of Law (1983), and an L.L.M. in estate planning from the University of Miami, Florida School of Law (1985). During his tenure at the UMKC School of Law, he served as Managing Editor of the UMKC Law Review.
Kirkland & Ellis LLP
Christiana Lazo is a partner in the Trusts and Estates Practice Group of Kirkland & Ellis LLP. Christiana concentrates her practice on representing ultra-high net worth individuals, their family offices and closely held businesses in developing and implementing sophisticated domestic and international tax and estate plans. Christiana has significant experience counseling global clients on inbound and outbound planning, particularly advising families with members in multiple jurisdictions on wealth transfers and on tax-efficient investment and business ownership structures.
Christiana is an adjunct professor at the New York University School of Law Masters in Taxation program and a frequent speaker and author on estate planning topics.
Michele A. W. McKinnon
Michele McKinnon is a Partner in the Richmond, Virginia office of McGuireWoods LLP and is a member of its Private Wealth Services Group and head of its Nonprofit and Tax-Exempt Organizations group. With over 30 years of experience, she represents many public charities, major colleges and universities, supporting organizations, private foundations, and charitable trusts in all aspects of compliance with the federal tax laws, as well as with governance, endowment, and investment matters. Her work also includes planned giving, estate planning, and estate and trust administration.
She is a Fellow in the American College of Trusts and Estates Counsel and previously served as its Virginia State Chair and is the current Chair of its Charitable Planning and Exempt Organizations Committee. She was named a “Notable Practitioner,” Private Wealth Law, Band 1, District of Columbia and Nationwide, 2016, 2017; Band 2, Virginia, 2018, Chambers HNW Guide, named “Lawyer of the Year,” Trusts and Estates, The Best Lawyers in America, 2018; named a “Divorce, Trusts and Estates Trailblazer,” The National Law Journal, 2017; selected for inclusion in America’s Leading Lawyers for Business, Wealth Management: Eastern Region, Nationwide, Chambers USA, 2013-2016; and selected for inclusion in The Best Lawyers in America, Non-Profit/Charities Law, Trusts and Estates, Woodward/White, Inc., 2007-2019.
She lectures and writes regularly including presentations for Heckerling Institute on Estate Planning, ACTEC, ALI-ABA, and Virginia CLE.
Ms. McKinnon received her B.A. degree from the University of Virginia (1982), her J.D. degree, magna cum laude, from the University of Richmond (1985), and her LL.M. in taxation from the College of William and Mary (1992).
Richard W. Nenno
Wilmington Trust Company
Richard W. Nenno, Esquire, is a Senior Trust Counsel and Managing Director with Wilmington Trust Company, Wilmington, Delaware. He has over 40 years of estate-planning experience and is admitted to the practice of law in Delaware and Pennsylvania. Dick is a Fiduciary Fellow of ACTEC, a member of the Advisory Committee of the Heckerling Institute on Estate Planning, and a Distinguished Accredited Estate Planner. He received his undergraduate degree from Princeton, he earned his law degree at Harvard Law School, and he practiced law with a large Philadelphia firm for 5+ years before joining Wilmington Trust Company. Dick chaired the Trust Act Committee of the Delaware State Bar Association (the group that updates Delaware trust laws) for many years and still participates in its deliberations. He is recognized as a national speaker on estate-planning topics. Dick wrote the book on Delaware trusts (the latest edition is Delaware Trusts 2017) and is the author of numerous other publications, including Tax Management Portfolios on Choosing a Domestic Jurisdiction for a Long-Term Trust (T.M. 867), Domestic Asset Protection Trusts (T.M. 868), and State Income Taxation of Trusts (T.M. 869).
Anna Pinedo is a partner in Mayer Brown’s New York office and co-leader of the Global Capital Markets practice. She concentrates her practice on securities and derivatives. Anna represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other hybrid and structured products.
She works closely with financial institutions to create and structure innovative financing techniques, including new securities distribution methodologies and financial products. She has particular financing experience in certain industries, including technology, telecommunications, healthcare, financial institutions, REITs and consumer and specialty finance. Anna has worked closely with foreign private issuers in their securities offerings in the United States and in the Euro markets. She also works with financial institutions in connection with international offerings of equity and debt securities, equity- and credit-linked notes, and hybrid and structured products, as well as medium term note and other continuous offering programs.
Anna regularly speaks at conferences and participates in panel discussions addressing securities law issues, as well as the securities issues arising in connection with derivatives and other financial products. She has written numerous articles for legal journals and chapters in books. Anna is ranked as a leading lawyer by Chambers Global, Chambers USA, IFLR1000, Super Lawyers and Legal 500 US. She is also listed in Euromoney’s Expert Guide for Capital Markets and Expert Guide for Women in Business Law. She was also included in Euromoney’s 2019 and 2020 Best of the Best USA Expert Guide as one of the top 30 capital markets and structured finance and securitisation practitioners in the US.
Mary F. Radford
Georgia State University College of Law
Professor Mary F. Radford was a full-time members of the faculty of the Georgia State University College of Law in Atlanta, Georgia from 1984-2020 and served as the Marorie Fine Knowles Professor of Fiduciary Law. Professor Radford is an Academic Fellow of the American College of Trust & Estate Counsel (ACTEC) and, in 2011-12, she served as that organization’s President. Professor Radford served as the Reporter and principal drafter for the State Bar of Georgia committees that drafted the 1998 Revised Georgia Probate Code, the 2005 Revised Georgia Guardianship and Conservatorship Code, and the 2010 Revised Georgia Trust Code. Professor Radford is the author of Redfearn: Wills & Administration in Georgia (Thomson Reuters, 2020-21 ed.); Trusts & Trustees in Georgia (Thomson Reuters, 2020-21 ed.); and Georgia Guardianship and Conservatorship (Thomson Reuters, 20-21 ed.), as well as numerous law review articles and other scholarly publications.
Nancy B. Rapoport
William S. Boyd School of Law, University of Nevada, Las Vegas
Nancy B. Rapoport is the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV. After receiving her B.A., summa cum laude, from Rice University in 1982 and her J.D. from Stanford Law School in 1985, she clerked for the Honorable Joseph T. Sneed III on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991. She started her academic career at The Ohio State University College of Law in 1991, and she moved from Assistant Professor to Associate Professor with tenure in 1995 to Associate Dean for Student Affairs (1996) and Professor (1998) (just as she left Ohio State to become Dean and Professor of Law at the University of Nebraska College of Law). She served as Dean of the University of Nebraska College of Law from 1998-2000. She then served as Dean and Professor of Law at the University of Houston Law Center from July 2000-May 2006 and as Professor of Law from June 2006-June 2007, when she left to join the faculty at Boyd. She served as Interim Dean of Boyd from 2012-2013, as Senior Advisor to the President of UNLV from 2014-2015, as Acting Executive Vice President & Provost from 2015-2016, as Acting Senior Vice President for Finance and Business (for July and August 2017), and as Special Counsel to the President from May 2016-June 2018.
Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, and the depiction of lawyers in popular culture. Among her published works are Corporate Scandals and Their Implications 3d (Nancy B. Rapoport and Jeffery D. Van Niel, eds. West Academic 2018), which addresses the question of why we never seem to learn from prior corporate scandals, Law School Survival Manual: From LSAT to Bar Exam, co-authored with Jeffrey D. Van Niel (Aspen Publishers 2010), and Law Firm Job Survival Manual: From First Interview to Partnership, also co-authored with Jeffrey D. Van Niel (Wolters Kluwer 2014). She is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court. In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University. In 2017, she was inducted into Phi Kappa Phi (Chapter 100). She is the Secretary of the Board of Directors of the National Museum of Organized Crime and Law Enforcement (the Mob Museum). She is also a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy. In 2009, the Association of Media and Entertainment Counsel presented her with the Public Service Counsel Award at the 4th Annual Counsel of the Year Awards. In 2017, she received the Commercial Law League of America’s Lawrence P. King Award for Excellence in Bankruptcy, and in 2018, she was one of the recipients of the NAACP Legacy Builder Awards (Las Vegas Branch #1111). She has served as the fee examiner or as chair of the fee review committee in such large bankruptcy cases as Zetta Jet, Toys R Us, Caesars, Station Casinos, Pilgrim’s Pride, and Mirant.
She has also appeared in the Academy Award®-nominated movie, Enron: The Smartest Guys in the Room (Magnolia Pictures 2005) (as herself). Although the movie garnered her a listing in www.imdb.com, she still hasn’t been able to join the Screen Actors Guild. In her spare time, she competes, pro-am, in American Rhythm and American Smooth ballroom dancing. In 2014, she won the national U.S. Open Pro/Am Rising Star American Smooth Competition B Division, and in 2017, she came in 2nd in the “C” Open to the World Pro/Am American Style 9-Dance Championship. The most interesting thing about her is that she is married to a former Marine Scout-Sniper.
Richard L. Schmalbeck
Duke University School of Law
Richard Schmalbeck is Professor of Law at Duke University. He has also served as dean of the University of Illinois College of Law, and as a visiting professor on the University of Michigan and Northwestern University law faculties. His recent scholarly work has focused on issues involving non-profit organizations, and the federal estate and gift taxes. He has also served as an adviser to the Russian Federation in connection with its tax reform efforts. The third edition of his federal income tax casebook, co-authored with Lawrence Zelenak, was released by Aspen Publishers in 2011.
He graduated from the University of Chicago, and later from its Law School, where he served as associate editor of the University of Chicago Law Review. Prior to beginning his teaching career, he practiced tax law in Washington, D.C.
Jay D. Waxenberg
Proskauer Rose LLP
Jay Waxenberg is a partner in the Private Client Services Department of Proskauer Rose LLP and a former Chair of the Department. He advises on all aspects of multi-generational wealth planning and has particular expertise in complex estate planning, related tax work and the administration of estates and trusts. As a member of the Fiduciary Litigation Group, Jay is regularly involved in will contests and other estate- and trust-related litigations. He is a member of Proskauer’s Executive Committee.
Jay has extensive experience working with high-net-worth individuals and their estates and has assisted families, often over many years and multiple generations, in the structuring of their estate plans so as to minimize gift, estate and generation-skipping taxes in the transmission of their wealth. Lauded by his clients as “an all-star private client lawyer” who is “very focused on client service,” he is involved in the full range of his clients’ economic and personal concerns, including closely held businesses, commercial and residential real estate holdings, artistic collections and philanthropy. Jay has helped his clients structure new business ventures, restructure existing ventures with an emphasis on shifting appreciation potential to younger generations, and has guided the sale and liquidation of businesses. He regularly handles family matters, such as the preparation of prenuptial and postnuptial agreements, and counsels on charitable giving. He also structures plans to enable client businesses to remain intact at their death, and to ensure the desired continuity of family ownership and control.
Jay lectures regularly on estate planning topics and has written numerous articles for various legal publications. He is a Fellow of the American College of Trust and Estate Counsel. Jay is a former Chair of the Estate and Gift Tax Committee of the Association of the Bar of the City of New York. He serves on the professional advisory committees of a number of museums and hospitals in New York.
Jay received a B.A. from Stony Brook University, a J.D. from Boston University School of Law, and an LL.M in taxation from New York University School of Law.