Glen S. Bagby Partner

Similar documents
Andrew M. Katzenstein

Probate & Fiduciary Litigation

Estate Planning 101 Co-Sponsored by the Real Property, Trust and Estate Law Section

CHAPTER 14: ESTATE PLANNING

M. Gabrielle Hils Of Counsel

TIMOTHY P. O'SULLIVAN PARTNER

Bryan Health March 27, 2014 Wills, Trusts and Fiduciary Administration (and Other Life and Death Issues)

Trusts and Other Planning Tools

TRUST AND ESTATE PLANNING GLOSSARY

Wealth/Tax Planning and Administration Business/Corporate Planning Special Needs Planning Probate and Trust Litigation FINRA Litigation Trademarks

WHAT HAS THE LEGISLATURE DONE TO US NOW? (DON T WORRY IT S NOT TOO BAD!) 2011 TEXAS PROBATE AND TRUST LEGISLATIVE UPDATE

TABLE OF CONTENTS LOUISIANA GIFT AND INHERITANCE TAXES. Page 2 of 250

PFIZER INC LEGAL SERVICES PLAN

New Design Benefit Definitions & Reimbursements

Gregory W. Sampson Looper Reed & McGraw, P.C

Estate Planning Concepts

GLOSSARY OF FIDUCIARY TERMS

Creates the trust. Holds legal title to the trust property and administers the trust. Benefits from the trust.

For almost a century. Gibson Davenport Anderson and its predecessors have provided legal services to clients in Wichita Falls and North Texas.

Slide 1. Slide 2. Slide VADA Family Convention FPA NCA Greenbrier September 7, Financial Objectives

Estate Planning. Farm Credit East, ACA Stephen Makarevich

a beginning a beginning estate planning

Strategic Planning for Life and Death

STATE OF FLORIDA LEGAL SERVICES PLAN

7 th Edition ESTATE PLANNING. Michael A. Dalton Thomas P. Langdon. CHAPTER 8: TRUSTS Estate Planning Money Education CH 8 Trusts

Drafting Marital Trusts

A WILL IS NOT ENOUGH by Kelly A. Thompson

Estate Planning Worksheet Married Couples

ESTATE PLANNING WORKSHEET

Gift Planning Glossary of Terms

Personal Trust Services

ESTATE PLANNING 101:

Benefits of Using Trusts with Selling Your Business

A Primer on Portability

Trust, estate and gift tax planning for U.S. and international clients

Estate Planning: Leveraging Wills, Trusts, Donor Advised Funds, & Foundations to Transfer Assets & Values

CHAPTER 8 Trusts DISCUSSION QUESTIONS

ALBANY LAW SCHOOL OF UNION UNIVERSITY, J.D., 1988 J. Francis Doyle Scholar

Basic Estate Planning

2. What will happen to my property if I die without a will or trust?

EDWARD L. PERKINS, BA, JD, LLM (Tax), CPA Partner - Gibson&Perkins, PC Suite W Sixth St Media, PA Adjunct Professor - Villanova Law

Physician Contracts & Asset Protection

ESTATE PLANNING DICTIONARY

Life Cycle of Estate Planning

ESTATE PLANNING WORKSHEET for Married Couples

A Guide to Estate Planning

Edward J. Corey, Jr. Shareholder

AREAS OF PRACTICE. Administrative Law. Alternative Dispute Resolution. Appellate Litigation. Asset Protection & Business Planning

WHAT IS ESTATE PLANNING? (A Primer)

Ameriprise Financial Legal Assistance Plan 2017 Summary Plan Description

Chapter XX TRUSTEES CONDENSED OUTLINE

Workplace Education Series

CHAPTER THREE Structuring the Will

Bypass Trust (also called B Trust or Credit Shelter Trust)

tax strategist the A simple plan Installment sale offers alternative to complex estate planning strategies Balance competing

2) An estate represents a deceased person's assets after all debts are paid. Answer: TRUE Diff: 1 Question Status: Previous edition

WILLS. a. If you die without a will you forfeit your right to determine the distribution of your probate estate.

Form 1-2, Estate Planning Questionnaire (for Married Clients Where Both Spouses Will Be Represented)

Generation-Skipping Transfer Tax: Planning Considerations for 2018 and Beyond

Section 11 Probate Glossary

ESTATE PLANNING WORKSHEET Married Couples

STATE EMPLOYEES ASSOCIATION OF NC LEGAL SERVICES PLAN

Advisory. Estate Planning for Non-Traditional Couples. Int r o d u c t i o n

Drafting Marital Trusts

Basic Estate Planning

How Parents Can Divorce-Proof Their Children s Inheritance

Commonwealth of Kentucky Court of Appeals

Terrance A. Kline Counselor and Attorney-at-Law

CHAPTER THREE Structuring the Will

Steve Leimberg's Asset Protection Planning Newsletter - Archive Message #198

ESTATE PLANNING GEMS

ESTATE PLANNING FOR GUARDIANSHIP AND CONSERVATORSHIPS

ESTATE PLANNING. Estate Planning

TABLE OF CONTENTS Page

ESTATE PLANNING QUESTIONNAIRE. Date of Birth: Legal Name of Child Address Date of Birth SS#: # of Children

ESTATE PLANNING INFORMATION SHEET I. PERSONAL AND FAMILY INFORMATION

A Primer on Wills. Will Basics. Dispositive Provisions

Probate in Florida* 2. WHAT ARE PROBATE ASSETS?

Private Wealth Services Tax Policy Counseling. Nonprofit and Tax-Exempt Organizations Global Private Client. McGuireWoods LLP

For Preview Only - Please Do Not Copy

Metropolitan Life Insurance Company, New York, NY Summary of Benefits, Exceptions and Reductions New York State United Teachers Member Benefits Trust

Metropolitan Life Insurance Company, New York, NY Summary of Benefits, Exceptions and Reductions New York State United Teachers Member Benefits Trust

ScottHulse Professional Profile

PREPARING FOR THE TRANSITION: FARM TRANSITION AND ESTATE PLANNING

Estate Planning. Insight on. Tax Relief act provides temporary certainty for your estate plan

Estate Planning for Business Owners

Probate in Florida. 1. What is probate?

LAW OFFICES OF FLOOD & FAVATA ESTATE PLANNING QUESTIONNAIRE

MEDICAID PLANNING. The facts... Assets in a revocable living trust are not protected and must be used to pay for the costs of long-term care.

TAX & TRANSACTIONS BULLETIN

Estate Planning Strategies for the Business Owner

NC General Statutes - Chapter 31B 1

What is legal and tax planning for private clients?...2. What are assets?...3. How do individuals transfer assets?...4

PATRICK S. COFFEY. Chicago, IL office: office:

SUMMARY OF CONTENTS CERTIFIED MEDICAID PLANNING (CMP ) COURSE OFFERED EXCLUSVILY THROUGH THE WEALTH PRESERVATION INSTITUTE

GLOSSARY. Compiled by Carolyn Paseneaux

State income tax planning with incomplete gift non-grantor trusts.

Presented by: Christine Brown Murphy, Esquire. Zacharia & Brown P.C. Elder Law Attorneys Offices in McMurray, McKeesport and Greensburg

ESTATE PLANNING WORKSHEET

JOHNSTON LEGAL GROUP PC

Transcription:

Glen S. Bagby Partner glen.bagby@dinsmore.com Lexington, KY Tel: (859) 244-7105 Glen has enjoyed a traditional wills, trusts and estates practice throughout his career. His practice includes all types of wills, trusts, probate, trust administration, powers of attorney, health care proxies and living wills, as well as more sophisticated revocable "living" trusts, credit-shelter and disclaimer trusts, qualified terminable interest trusts (QTIPs), irrevocable trusts of various types, dynasty trusts, personal residence trusts (QPRTs), grantor retained interest trusts (GRITs), grantor retained annuity trusts (GRATs), grantor retained unitrusts (GRUTs), charitable trusts of various types, asset protection, prenuptial agreements, post-nuptial agreements, buy-sell agreements, sophisticated gifting planning, and family limited partnerships. Since 1995, he has been selected annually for inclusion in the Best Lawyers for Trusts and Estates. In addition, he has litigated cases involving trusts, wills, will contests, will construction, declaratory judgments, prenuptial agreements, post-nuptial agreements and related issues in Lexington and Louisville, and as far east as Ashland, Catlettsburg and Pikeville, and as far west as Hopkinsville and Trigg County, Kentucky. Since 2011, Glen has been included annually in Best Lawyers in both the Trusts and Estate area of practice of law, which includes estate planning, and also the Litigation - Trusts and Estates area of practice of law. For years, he has also focused his practice upon how estate planning techniques may impact upon couples who later divorce. He has accepted select divorce cases primarily involving estate planning steps taken during the marriage and the impact of trusts created and funded during the marriage, in a subsequent divorce. He has been selected by Best Lawyers for its publication under the topic Family Law for over two decades. Services Litigation Private Client & Family Wealth Planning Family Law Education University of Kentucky College of Law (J.D., 1969) Transylvania University (B.A., 1966)

Bar Admissions Kentucky Court Admissions U.S. Supreme Court U.S. Court of Federal Claims U.S. Tax Court U.S. Court of Appeals for the Sixth Circuit U.S. District Court for the Eastern District of Kentucky U.S. District Court for the Western District of Kentucky Affiliations/Memberships Kentucky Bar Association Kentucky Bar Foundation, fellow American College of Trust and Estate Counsel o Fellow o Regent (2010-2016) o Nominating Committee (2016-2017) Magee Christian Education Foundation o Board of Directors (1989 - present) o President (2002-2016) Transylvania University, Board of Trustees University of Kentucky College of Law o Moderator and co-chair of the annual Midwest / Midsouth Estate Planning Institute (1987 - present) o Adjunct professor teaching Advanced Estate Planning (2008 - present) Kentucky Conference of the United Methodist Church, past chancellor Kentucky Bar Association o House of Delegates, past member o Probate and Trust Law Committee, past chair Lexington Fayette Urban County Government, B.O.C.A. Board of Appeals, past chair St. Ives Journal Club (26 attorney membership), past chancellor Distinctions Peer Review Rated AV in Martindale - Hubbell Best Lawyers (1995 - present) "Lawyer of the Year" by Best Lawyers in Lexington

o Trusts and Estates (2014) o Litigation, Trusts and Estates (2015) Kentucky Super Lawyers (2009 - present) Transylvania University o Distinguished Service Award (2011) o Certificate of Appreciation (2006) o Morrison Medallion (2017) Appointment special justice to write opinion of Supreme Court of Kentucky, in Haney vs. Transportation Cabinet, 958 S.W.2d 310 (1997) Experience Probate, Estate, and Trust Administration Represented many executors, administrators and other personal representatives in probate courts and estates in Lexington and central Kentucky, and as far east as Boyd County (Ashland), and as far west as Christian County (Hopkinsville); as far north as Boone County, and as far south as Harlan County (Harlan), Kentucky. Probate, Estate, and Trust Administration Represented many heirs in probate courts, estates and trusts in many matters, who were not the executor or administrator for the estate or the trustee for the trust. Probate, Estate, and Trust Administration Represented many corporate and individual trustees of revocable and irrevocable trusts, relating to trust creation, funding, administration, interpretation and distributions. Fiduciary Litigation Defended corporate and individual executors, administrators and trustees against claims of misfeasance, malfeasance, breach of fiduciary duty and surcharge by beneficiaries. Fiduciary Litigation - Statute of Limitations for Claims Successfully imposed Kentucky's six month claims statute of limitations as a defense to claim by co-owners of real estate investment with deceased, for contribution to mortgage, where claim was not filed during six month claims period. Fiduciary Litigation - Renunciation of Will Successful defense of attempt by widow to only partially renounce the Will of her husband.

Fiduciary Litigation - Attempt to Partition of Horse Farm Successfully defended two of five children of deceased, against attempt by other two children to force the sale of a horse farm as a whole, rather than partitioning it among the children. Fiduciary Litigation - Easement Across Shopping Center Successfully defended trust which owned shopping center against claim by an adjacent gas station owner of a right to an easement or other license to use shopping center roads for ingress and egress. Prenuptial Agreement Litigation - Increase in Husband's Net Worth Successfully defended attempt by wife to set aside prenuptial agreement, where husband's net worth quadrupled during marriage. Commercial Litigation - Guaranty to Small Business Administration Successfully defended guarantor of SBA loan, where SBA had extended the loan, after the execution of the Guaranty, to a subsequent buyer of the business. Fiduciary Litigation - Guardianship Funds Recovery Successfully represented ward against uncle who was appointed as her Guardian years earlier upon death of both parents. Secured judgment and collected against Guardian, individually. Fiduciary Litigation - Non-Qualified Deferred Compensation Plan Recovery Represented ten former employees of company for recovery of full benefits under non-qualified deferred compensation plan. Case settled, shortly before scheduled deposition of principal of company. Fiduciary Litigation - Owner of Half of Closely Held Corporation Represented owner of one-half of outstanding shares of closely held corporation, to pursue and enforce her stockholder's rights in ongoing business operation. Case settled, whereby client sold her one-half interest for value. Fiduciary Litigation - Life Insurance Agent Without Agent of Record Letter Represented insurance agent who obtained the multiple requirements of insurance company to issue a large rated life policy. Company issued the policy but awarded a different agent the commissions, due to an Agent of Record letter. Prevailed in trial court. Then successfully obtained dismissal of the appeal by the insurance company and collected judgment in full. Fiduciary Litigation - Cy Pres Litigation Successfully represented village located in Greece, which was the beneficiary of a testamentary trust in Kentucky,

established for the express purpose of building and equipping a hospital in village once the value of the accumulating trust assets could pay such cost in full. Final judgment allowed the trust assets to be fully used to build smaller medical facility in village. Fiduciary Litigation - Abuse of Power of Attorney Instrument Successfully represented widow, where deceased husband's bank account had been re-titled, purportedly pursuant to a power of attorney, by child of prior marriage, who was attorney-in-fact, into a new joint account with another child of the prior marriage. Fiduciary Litigation - Unreleased Prior Mortgage at Refinancing Successfully represented husband and wife who refinanced home, where the loan company failed to pay off the old mortgage loan with the proceeds of the new mortgage loan. Obtained summary judgment that loan company was the agent of old mortgage holder, for purpose of receiving the first mortgage pay off. Therefore, collection of the loan proceeds at closing by the closing agent was held to be payment to the holder of the old mortgage. Old mortgage holder ordered to release old mortgage lien and to pay attorney fees for failure to timely release old mortgage lien. Fiduciary Litigation - Will Contest Brought Will Contest for child, challenging Will of deceased parent. Case settled shortly before trial. Fiduciary Litigation - Misrepresentation by Partner In Charge Represented one of three partners against the third partner who handled the books for a partnership which was in the construction business. Successfully secured judgment at trial for additional undisclosed profits. Also successfully secured a ten percent penalty for second appeal, where the third partner, after judgment was entered against him, filed a supersedeas bond, when Supreme Court of Kentucky denied discretionary review. Fiduciary Litigation - Misrepresentation by Partner In Charge Represented the second partner, in the above partnership, who brought claims against the partner in charge after the success of the first partner. Overcame formal Release, signed by client years earlier upon a purported full distribution of profits, before counsel was retained. Fiduciary Litigation - Joinder of Surviving Spouse Represented widow of decedent who was refused admission as a party by the trial court to litigation regarding a deferred compensation benefit with the employer of the decedent. Obtained appellate reversal, directing widow be added as a party to the litigation.

Fiduciary Litigation Represented many executors, administrators, trusts and heirs in such proceedings in the courts of Kentucky. Fiduciary Litigation - Noncompete Clause Challenge Represented physicians employed by medical group, to set aside written noncompete provisions in employment agreements. Settled shortly before hearing set upon motion for summary judgment filed by physicians. Fiduciary Litigation - Enforcement of Trust Clause Successfully represented religious denomination in lawsuit filed by eight remaining members of local church who sought to control over half a million dollars of church assets. Successful recovery of summary judgment and full collection of assets to religious denomination. Commercial Litigation - Installment Loan Successfully recovered balance of installment loan, with interest and most attorney fees, where food service vendor with exclusive contract sold the contract which had been pledged to secure the installment loan, to third party, thus triggering acceleration clause in installment loan note. Consumer Fraud - Invention Marketing Company Represented customer of invention marketing company in consumer fraud claim against company principals. Case settled for multiple of amount paid to company by client, shortly before final pretrial conference.