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General Meeting Fall 2024

FALL 2024
BOARD OF DIRECTORS MEETING
GENERAL MEMBERSHIP MEETING
CONTINUING EDUCATION

October 23-24, 2024

PROGRAM SCHEDULE

WEDNESDAY
Board of Directors Meeting
3 PM – 5 PM
Hampton Inn
Texas Chapter Membership Meeting
6 PM
Hampton Inn
Texas Chapter Dinner
7 PM
TBD
THURSDAY
Estate Planning Considerations Impacting Real Estate
*8 hours of continuing education
8 AM – 5 PM
Adams Street Community Center

CONTINUING EDUCATION STATE APPROVAL:

** The seminar has been APPROVED with TALCB for 8-hours of ACE in Texas.

** The Texas Chapter partnered with Texas Alliance of Land Brokers.  This seminar is also approved for 8-hours of CE with TREC.

REGISTRATION FEES:

ASFMRA Members
$300 (Before 10/16/2024); $350 (After 10/16/2024)
TALB Members
$300 (Before 10/16/2024); $350 (After 10/16/2024)
Non-Members (ASFMRA/TALB)
$350 (Before 10/16/2024); $400 (After 10/16/2024)
Wednesday Chapter Dinner
$30 (Not included in the registration fee)
Student Registration
FREE; Contact Carmen

ONLINE REGISTRATION

HOTEL INFORMATION

Hampton Inn Brownwood

We have the conference space reserved in the Hampton Inn for our Board of Directors meeting and General Membership meeting. This space will also be used for a hospitality suite area in the evening.

Guests can call the number above for reservations; ask for the Texas Chapter ASFMRA room block to receive the special rate. The deadline for reservations will be October 2, 2024. The hotel room rate is $164 plus tax/fees. Complimentary breakfast is included.

CONFERENCE SPACE INFORMATION

Adams Street Community Center

Thursday’s 8-hour program will be hosted in the Adams Street Community Center.

MEALS: BREAKFAST, LUNCH, & CHAPTER DINNER

Breakfast is on your own. The Hampton Inn does offer complimentary breakfast if you choose to stay there. We will have snacks, coffee, and drinks in the meeting rooms.

Wednesday Chapter Dinner: TBD – more details to come.

Thursday Lunch: Lunch is included in the registration fee. We will likely have lunch catered at the

Adams Street Community Center. You can also leave to get lunch on your own if you choose.

CONTACT INFORMATION

ESTATE PLANNING CONSIDERATIONS IMPACTING REAL ESTATE

The seminar is APPROVED for continuing education hours with TALCB and TREC.

AGENDA
(SPEAKER ORDER IS SUBJECT TO CHANGE.)

Planning Ahead for Upcoming Changes to the Lifetime Gift & Estate Tax Exemption

  • Current exemption limits are set to expire December 31, 2025
  • Individual Exemptions of $13.6M are set to be decreased to approximately $6M based on inflation adjustments
  • Now is the time to consider your options

Kevin Shahan
CPA, San Saba
cpa@kevinshahan.com

8:00

This presentation will be focused on the key instances where an attorney would be advising their clients to obtain an appraisal in relation to estate planning and probate matters. We will be discussing possible pitfalls for appraisals being used in these contexts and what an attorney is looking for in reviewing final documents. Specifically, we will be discussing appraisals as they relate to:

Estate Planning

  • Conservation Easements
  • Inter Vivos Gifts
  • Funding into or distributing out of a business entity

Probate

  • Determining a date of death value and step-up in basis
  • Filing Estate Tax Returns
  • Electing Portability

Corina Rodriguez
Braun & Gresham, PLLC
crodriguez@braungresham.com

9:20

Basic introduction and definition of conservation easements

  • Property owner objectives/motivations for conservation easements
  • Easement holder objectives/motivations for conservation easements
  • Conservation easement language considerations
  • Appraisal and brokerage considerations when working with encumbered real estate.

Corky Kuhlman
Texas Parks and Wildlife Foundation
ckuhlmann@tpwf.org

10:40
LUNCH
12:00

Delaware Statutory Trusts

The role of Delaware Statutory Trusts (DSTs) as replacement property in 1031 exchanges. The presentation will include an explanation of Delaware Statutory Trusts, how they qualify for 1031 exchange treatment (including a review of 1031 exchange requirements as needed) within the framework of rural land and farm and ranch property owner demographics with example applications of features and benefits.

Jeff Smitherman
Saxony Securities
jsmitherman@saxonysecurities.com

13:00

Real Estate Appraiser Role in the Business Valuation Process

  • Real Estate Appraisal Report, the Starting Document
  • Assumptions: Fee Simple, Limited Partnership Structure (LP)
  • Minority Interest Gifting of LP Interest Partnership Agreement Analysis Holding/ Operating Company Approaches to Value
  • Purpose of Engagement
  • Types of Reports
  • Sources of Information
  • Economy Analysis
  • Industry Analysis
  • Discount for Lack of Control Discount for Lack of Marketability Valuation Disputes - Cases

Todd Lewis, CPA, CVA
Oliver, Rainey & Wojtek
tlewis@orw.cpa

14:20
  • Real Estate Ownership structures & Estate tax ramifications.
  • Using family limited partnerships (FLPs) and limited liability companies (LLCs) to own real estate as a strategy to reduce estate and gift tax liability.
  • The basics of forming FLPs and LLCs under Texas law to hold real estate.
  • The non-tax benefits of FLPs and LLCs.
  • How FLPs and LLCs can reduce estate and gift taxes.
  • The risks and pitfalls of using FLPs and LLCs. The importance of real estate appraisals in supporting the valuation of FLP and LLC interests.

Casey Burns
Burns Law Office PLLC
casey@caseyburnslaw.com

15:40-17:00

Jeff Smitherman

Registered Representative

Saxony Securities, Inc.

Jeff Smitherman is a licensed security representative and provides real estate investment solutions that enable property owners to defer capital gains taxes while transitioning into securitized properties known as Delaware Statutory Trusts (DST’s). These passive investments are unique in that they feature stabilized, tax efficient income as well as the potential for capital appreciation in institutional and investment grade, commercial real estate portfolios that qualify for 1031 exchange treatment by meeting strict criteria.

Prior to entering the industry, Jeff enjoyed a career as an officer in the United States Marine Corps that includes decorated service and national level leadership. He was drawn to the farm and ranch sector based off his own family experience and the recognition of aging generational needs for income and estate planning amidst the continual transition of generational agricultural land.

A native of East Texas, Jeff graduated from Texas A&M University in Agriculture Economics and has additional masters’ degrees in National Security. He holds FINRA Series 63 and 22 licenses and is a member of Realtors Land Institute (RLI) and the Texas Alliance of Land Brokers (TALB).

Casey Burns

Burns Law Office PLLC

Casey Burns is the owner of Burns Law Office PLLC, a solo practice firm specializing in estate planning, probate, wills, trusts and estate and gift tax planning. He is board certified by the Texas Board of Legal Specialization in Estate Planning & Probate and has been practicing law for close to twenty years.

Casey was born in Muleshoe, Texas, but spent most of his childhood years in South Texas. He obtained a B.S. degree from Texas A&M University in 2000, an M.S. degree in Computer Science from The University of Texas at Austin in 2002, and a J.D. degree from St. Mary’s University School of Law in 2005.

He is passionate about following Jesus Christ and raising his children with his dear wife of 23 years. He also enjoys teaching algebra to local homeschool students once a week.

Corky Kuhlmann

Land Conservation Manager

Texas Parks and Wildlife Foundation

Corky Kuhlman is a fifth generation Fredericksburg TX native. He started land surveying during high school. After graduation from High School in 1970, he went to work for a Fredericksburg survey/engineering firm. In 1980, he began work with Texas Parks and Wildlife Department in their Design, Construction and Management branch and for 24 years did surveying and engineering, 10 years of that period as Section Head of the Land Survey Branch. From 2005-2016, he transferred to the Land Conservation Program (TPWD Real Estate Section) as the Senior Project Manager, dealing with any type of land project statewide. During his tenure with TPWD, Corky worked on site in every State Park, Fish Hatchery and 95% of the Wildlife Management Areas in Texas, including having a hand in every new State Park that’s been built in the last 43 years.

In 2016, he retired from TPWD for a weekend before continuing his land conservation career as the Land Conservation Manager for The Parks and Wildlife Foundation of Texas. Corky has served on the Hays County Open Space Advisory Board after their first major bond issue passed by voters for 30 million dollars; served on the Board of Directors of the Hill Country Land Trust; served on the Board for Lease for Minerals owned by TPWD headed by the Texas Land Commissioner, and currently serves on the Board of Directors of the Hays County Soil and Water Conservation District.

Corina Rodriguez

Attorney & Counselor

Braun & Gresham, PLLC

Cory assists her clients with their rural property matters to help them secure their land for future generations. She takes a holistic approach when addressing landowners’ needs by using both legal and practical advice. Her practice is comprised of estate planning, conservation, business associations, risk management, and real estate. As an 8th generation South Texas rancher, Cory brings a perspective that allows her to deeply connect with her clients and their passion for stewardship. Cory pursued her undergraduate education in Agricultural Economics from Texas A&M University and her law degree from the University of Texas. Now, she and her husband have made a few Dripping Springs acres their home.

Todd Lewis, CPA, CVA

Valuation & Strategy Consultant

Oliver, Rainey & Wojtek

Todd Lewis has over 35 years of experience in taxation including estate, trust, individual, and business entities. He has been a court appointed administrator in land value condemnation cases. He has experience with corporate finance and strategy. His business advisory skills include mission and vision development, estate planning, and tax planning. Todd is also a teacher and mentor.

Todd graduated from Abilene Christian University with a BBA in 1983 and MAR in 2002. He holds an MBA from Pepperdine University (Presidents & Key Executives, 2017). Todd has held his CPA designation since 1986, the AICPA Personal Financial Specialist (PFS) designation since 1997, and the CVA (Certified Valuation Analyst) by the National Association of Certified Valuation Analysts designation since 2013. Todd has also been the course instructor for several financial and accounting courses at the Texas Tech University Highland Lakes Campus in Marble Falls.

Kevin Shahan, CPA, PLLC

Kevin Shahan, CPA is a firm located in San Saba, Texas, that currently provides services to businesses and individuals throughout Texas and surrounding states. As an accountant, Kevin provides personalized and professional tax, audit, payroll, bookkeeping, and financial services.

Kevin is a native of San Saba. He attended the University of Texas at Austin and obtained both a Bachelor of Business Administration degree and a Master in Professional Accounting degree from the University of Texas at Austin College of Business Administration.

Besides running his own CPA accounting practice, Kevin is actively involved with his local church, Rotary International, and the Chamber of Commerce.