PROBATE/ELDER LAW AFTERNOON SESSION

South Carolina COURSE # 224579

1:15 - 2:00

ILITs in Estate Planning
(45 Minute CLE)

+ H. Hall Provence

Hall joined Ashmore, Leaphart & Rabon, LLC after almost eight years at a large regional law firm. With big firm experience and a small firm approach, Hall focuses his practice in the areas of estate planning, trusts and trust administration, estate administration, and wealth transfer planning, as well as business planning, succession planning, and general business transactions.

Hall represents individuals, families, executors/personal representatives, beneficiaries and trustees in all aspects of wills, trusts, estate planning, probate, and administration matters. After completing law school, Hall obtained an LLM in Taxation and has substantial experience with gift, estate, income, and generation-skipping transfer tax issues with trusts and estates and also has substantial experience drafting estate plans, special needs trusts, asset protection trusts, and estate tax planning for high net worth individuals.

Hall also assists clients with business formation needs and business owners looking for outside general counsel assistance, including setting-up LLCs/partnerships/corporations, preparing operating and partnership agreements and other corporate governance documents, negotiating contracts/leases, and facilitating the purchase and sale of businesses. Hall also assists nonprofits and 501(c)(3) organizations in all aspects of governance, including tax exempt filings with the IRS, bylaws, and board operation.


2:00 - 2:45

Dementia and Incapacity
(45 minute CLE)

+ Dr. James Davis, Jr., MD

Dr. Davis graduated from the Medical University of South Carolina College of Medicine in 1975. He works in Greenville, SC and 1 other location and specializes in Geriatrician and Internal Medicine. Dr. Davis is affiliated with Greenville Memorial Hospital.


2:45-3:00

Break with Refreshments


Judges Panel Discussion
(60 Minute CLE)

3:00-4:00

 

+ The Honorable Debora Faulkner

Judge Debora Faulkner is serving her sixth consecutive term as Probate Judge.

Prior to her judicial service, Judge Faulkner practiced law for 13 years. She graduated Magna Cum Laude/Phi Beta Kappa from the University of South Carolina in 1979. In May, 1982, she received a Juris Doctorate degree from the University Of South Carolina School Of Law; and, was admitted to the S. C. Bar in November, 1982. She has been admitted to practice in the U.S. District Court Fourth Circuit and the U.S. Supreme Court. Her memberships in professional organizations include the county, state and American Bar associations; the S. C. Probate Judges Association, the National College of Probate Judges, and the S. C. Women Lawyers.

By appointment of the Chief Justice of the S. C. Supreme Court, she serves on the Probate Court Advisory Committee to the Supreme Court, the S.C. Commission on Alternative Dispute Resolution, the S.C. Supreme Court and Commission on Judicial Conduct. She has recently been appointed to a Supreme Court Committee to study court technology.

She has been published in various S. C. Bar Publications and other professional magazines. She was chairperson of the S.C. Supreme Court’s Task Force on State Courts and the Elderly. In that effort, she oversaw an in depth study and published a comprehensive report detailing how the court system can be more responsive to seniors. The report was accepted nationally as a resource for other state courts and organizations.

Her office has been innovative in promoting public education, protecting incapacitated adults, and providing a user-friendly Probate Court. Some of these innovations include town halls on estate planning, classes on estate administration, an award winning website, helpful how-to estate videos, step-by-step brochures on how to use court services, volunteer court visitors to monitor the well-being of incapacitated adults under the court’s jurisdiction, and an online complaint process for reports of abuse or neglect regarding incapacitated adults under the court’s jurisdiction to facilitate early intervention by the Court if needed.

In the marriage license division, Judge Faulkner oversaw the implementation of bi-lingual marriage license information to be responsive to the needs of the Hispanic and Latino communities.

For the legal community, Judge Faulkner presents a probate seminar which is accredited by the S. C. Bar. In 2016, Judge Faulkner conceived the idea of providing online access to attorneys of the Court’s case management system. This very popular free service has promoted efficiency and savings for attorneys, clients, and court resources. She makes an annual presentation to new leaders in county government on the makings of a good leader.

Judge Faulkner has received numerous awards including an Award from the S. C. Attorney General’s Office for her work on behalf of South Carolina’s Senior citizens the Scales of Justice Award for her innovative work in educating the public, lawyers and legal support staff on probate practice and procedures.

She is a graduate of Leadership Greenville, Class XXVI, and a graduate of Furman University's Riley Institute for Diversity, a Rotary International Paul Harris Fellow, and a member of the Shoeless Joe Jackson Museum Board. She has been a professor in the Paralegal Program at the Greenville Technical College.

+ The Honorable Caroline Horlbeck

Caroline M. Horlbeck graduated from the College of Charleston with a Bachelor of Science in Biology. She was a member of Omicron Delta Kappa National Leadership Honor Society and Kappa Alpha Theta Sorority. She obtained her Juris Doctor from the University of South Carolina School of Law and was admitted to the practice of law in South Carolina. She moved to Greenville, South Carolina and began practicing law as an Assistant Public Defender in Greenville County. In 2003, she served as law clerk for Circuit Judge Edward W. Miller. She entered private practice in 2004 and specialized in criminal, family and probate law. In 2014, Judge Horlbeck was sworn in as Associate Probate Judge with the Greenville County Probate Court. She presides over guardianship, conservatorship, commitment and estate cases as well as the Greenville County Mental Health Court. She enjoys cycling, hiking and kayaking with her husband, Dean, and spending time with family, friends and their beloved pets.

+ The Honorable Clayton Jennings

Clayton L. Jennings attended Furman University on academic and athletic scholarship, graduating in 1995. He graduated from the University of South Carolina with J.D. and M.B.A. degrees in May 2000 and then served as a law clerk to the Honorable Henry F. Floyd. Following his clerkship, he practiced law with the firm of Gallivan White & Boyd, P.A. in Greenville, before founding his own law firm prior to the birth of his twins in 2004. In private practice, he has experience with various types of civil litigation as well as corporate, probate, and real estate matters. He maintains an AV Rating in Martindale Hubbell, has been voted by his peers as one of the Best Lawyers in the Upstate in the Upstate Business Journal, and has been voted by his peers to be included in The Best Lawyers in America®. Judge Jennings has served as part-time Associate Probate Judge for the Probate Court of Greenville County since June 2018. His affection for the court and the people appearing in court has earned him the title of “The People’s Judge.” While away from the law, Judge Jennings enjoys time with his wife, Mahaley, his four children, his golden retrievers, and anything related to sports, guitar, hunting, or fishing.

 


 For the afternoon session, participants may choose between the Civil, Corporate, Criminal, Family and Probate/Elder Law tracks.  Participants are free to attend any track and/or switch tracks.