KAREN E. BOXX Professor
University of Washington School of Law William H. Gates Hall
Box 353020
Seattle, Washington 98195-3020
EXPERIENCE:
• University of Washington School of Law (1997-present) Current position: Professor
Areas of Teaching and Research: Wills and Trusts, Community Property, Professional Responsibility, Estate Planning and Estate and Gift Tax, and Conflicts of Laws
• Washington Law School Foundation Executive Director 2007-2010
• Keller Rohrback L.L.P., Seattle, Washington Partner 1991-1997
Of counsel 1997 to present • Bogle & Gates, Seattle, Washington
Associate 1988-1991
• Preston, Thorgrimson, Ellis & Holman, Seattle, Washington Associate 1983-1988
EDUCATION:
University of New Mexico, Albuquerque, New Mexico B.A., with distinction, Linguistics; cum laude, 1976 Phi Beta Kappa.
University of Washington, Seattle, Washington J.D., with high honors, 1983
Order of the Coif
Executive Editor, Operations·-·Washington Law Review
BAR ADMISSIONS:
PUBLICATIONS: Articles
“Washington Trust Laws’ Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation,” coauthored with Katie S. Groblewski, 88 Wash. L. Rev. 813 (2013).
“Too Many Tiaras: Conflicting Fiduciary Duties In The Family-Owned Business Context,” 49 Houston L. Rev. 233 (2012).
“A Call for Standards: An Overview of the Current Status and Need for Guardian Standards of Conduct and Codes of Ethics,” co-authored with Terry W. Hammond, 2012 Utah L. Rev. 1207 (2012).
“Distinguishing Trustees and Protecting Beneficiaries: A Response to Professor Leslie,” 27 Cardozo L. Rev. 2753 (2006).
“Of Punctilios and Paybacks: The Duty of Loyalty under the Uniform Trust Code,”) 67 Missouri L. Rev. 279 (Spring 2002).
“The Durable Power of Attorney’s Place in the Family of Fiduciary Relationships,” 31 Georgia L. Rev. 1 (2001).
“Gray’s Ghost – A Conversation about the Onshore Trust,” 85 Iowa L. Rev. 1195 (2000). “Community Property across State Lines,” Probate and Property (Jan/Feb. 2005).
Books and Book Chapters
Skills and Values: Estates and Trusts (co-authored with Professor Roger Andersen) (2009 Lexis Nexis).
Siegel’s Wills and Trusts: Essay and Multiple Choice Questions and Answers (2013 revision) (2013 Aspen).
Co-editor, Washington Community Property Deskbook (3d. ed. WSBA 2003); (4th ed. WSBA 2013).
“Planning for Disability, Health Care and Other End of Life Concerns,” chapter 6,
LAW REFORM ACTIVITIES:
Chair, Washington Uniform Trust Code Task Force (task force of the Washington State Bar Association Real Property, Probate and Trust section, considering adoption of all or portions of the UTC and revising Washington Trust Code) 2003 – 2011, member, Washington Trust Act revisions committee 2012-2013, and member, National UTC Committee.
-Chaired eight-year Task Force that drafted major revision to Washington’s trust statutes, obtained Washington State Bar Association sponsorship of the Task Force proposal and testified in support of the proposal to the Washington Legislature. The Task Force
proposal was enacted into law in 2011, as House Bill 1051. Amendments to the Act were enacted in 2013.
ABA Real Property, Trust and Estates Section Advisor, NCCUSL Drafting Committee, Uniform Guardianship Jurisdiction and Enforcement Act (2005-2008).
-Participated on drafting committee of the Uniform Guardianship Jurisdiction and Enforcement Act, which is modeled on the Uniform Child Custody Jurisdiction Enforcement Act and coordinates jurisdictional issues for multistate guardianships.
Chair, Probate and Trust Legislative Committee, Washington State Bar Association Real Property, Probate and Trust Section (2010-present).
-As Council Director, responsible for WSBA RPPT section review of all legislative proposals affecting probate and trust issues, section responses and comments to the Washington Legislature on proposed and pending legislation in the area of probate and trust, and oversight of all section legislative proposals in the area of probate and trust.
Chair, Washington Durable Power of Attorney Task Force (task force of the WSBA Real Property, Probate and Trust section, revising the state durable power of attorney statute) 1999-2002.
-Legislation prepared by the Task Force was enacted into law in 2002.
ABA Real Property, Trust and Estate Section delegate, speaker, working group reporter and member of planning committees, Third Guardianship Summit (October 2011).
OTHER PROFESSIONAL MEMBERSHIPS AND ACTIVITIES:
• American Bar Association Real Property, Trust and Estate Section:
o Member, Standing Committee on Groups and Substantive Committees (2007 to present).
o Group Chair, 2007-2010, and present and Group Vice Chair, 2004-2007 and 20011-2013, , Elder Law, Disability Planning and Bioethics Group.
o Committee Chair, 2003, and Committee Vice-Chsir, 2002, E-1 Guardianships and Powers of Attorney Committee.
• Chair (2013-2014), Probate and Trust Council Director (2010-2012) and member, Executive Committee (2010-present), Washington State Bar Association Real Property, Probate and Trust Section.
• Member, Washington State Bar Association Rules of Professional Conduct Committee (2009-2012).
-Participated in subcommittee that proposed amendments to RPC 3.8, which were adopted in part by the Washington Supreme Court on November 3, 2011.
-Chaired subcommittee on cloud computing, (Opinion 2215)
• Member, 2008- present, and Acting Chair, 2009-2010, University of Washington Advisory Committee on Faculty Code and Regulations.
• Fellow, American College of Trust and Estate Counsel. • Member, Seattle Estate Planning Council, since 1984.
• Contributing author, King County Probate Policy Manual (1995), co-chair and contributing author of 2003 update.
AWARDS:
WASHINGTON LAW AND POLITICS SUPERLAWYER®2003–2012
FACULTY SERVICE AWARD,PACIFIC COAST BANKING SCHOOL 2009
WASHINGTON LAW REVIEW DISTINGUISHED ALUMNI AWARD 2003
• “The Good, the Bad and the Ugly: The Use of Joint Revocable Trusts for Married Couples in Community Property States,” American College of Trust and Estate Counsel Fall Meeting (Fort Worth, Tx) (October 25, 2013).
• “No Place Like Home: Estate Planning with Residential Real Property,” 58th
Annual Estate Planning Seminar (Washington State Bar Association and Estate Planning Council of Seattle) (October 21-22, 2013).
• “Ten Shades of Community Property,” 58th
Annual Estate Planning Seminar (Washington State Bar Association and Estate Planning Council of Seattle) (October 21-22, 2013). • “Son of Trust Act: Virtual Representation and 2013 Amendments to Washington Trust
Law,” Washington State Bar Association Real Property, Probate and Trust Section Midyear Meeting (Pasco, WA) (June 8, 2013).
• Chair, Washington State Bar Association Real Property, Probate and Trust Section Midyear Meeting (Pasco, WA) (June 7-9, 2013).
• Can You Do This Under TEDRA?, 10th
Annual Trust and Estate Litigation Seminar, Washington State Bar Association (Seattle April 26, 2013).
• Community Property Hot Topics, Community Property Law in Washington: Current Issues for Experienced Practitioners, Washington State Bar Association (Seattle April 11, 2013). • Washington Update, Portland Estate Planning Council, 41st Annual Estate Planning Seminar,
Feb. 8, 2013 (Portland, OR).
• “Ethics Update,” Same Sex Marriage, Registered Domestic Partnerships and Committed Intimate Relationships: What You Need to Know, Washington State Bar Association (Seattle Dec. 5, 2012).
• Asset Protection Trusts in the United States, University of Liechtenstein, Trust Conference: Private Wealth Preservation, Apr. 26, 2012 (Vaduz, Liechtenstein)
• Panelist, Elder Law in the United States and Canada—Practical and Ethical Advice for the Family-Oriented Practitioner, American Bar Association, Senior Lawyers Division Spring Meeting, Apr. 20, 2012 (Vancouver, Canada)
• Washington Update, Portland Estate Planning Council, 41st Annual Estate Planning Seminar, Feb. 3, 2012 (Portland, OR)
• “Remains of the Day: Issues at Death regarding Disposition of Remains and your Digital Presence,” Annual Senior Lawyers Conference (Washington State Bar Association)(Seattle May 11, 2012).
• “The 2011 Washington Trust Act: Advanced Issues,” 56th
Annual Estate Planning Seminar (Washington State Bar Association and Estate Planning Council of Seattle) (October 31-November 1, 2011).
• “The 2011 Washington Trust Act: Innovation and Clarification for Washington Trusts,” Washington State Bar Association (Seattle July 25, 2011 and December 7, 2011).
• “The 2011 Washington Trust Act,” South Sound Estate Planning Council (Olympia, WA November 17, 2011).
• “The 2011 Washington Trust Act: Innovation and Clarification for Washington Trust Law,” Washington State Bar Association Real Property, Probate and Trust Section Midyear
• “His, Her and Their Property: A Primer on Marital Property Law in the Community Property States,” ABA e-CLE (June 7, 2011).
• “Will Death Become Uncertain, Too? What We Know and Don’t Know about the Federal Estate and Gift Tax after Congress’ Most Recent Actions,” Annual Senior Lawyers Conference (Washington State Bar Association)(Seattle May 13, 2011).
• “Ethical Duties in Representing Fiduciaries,” So You Think You’re a Fiduciary? Challenges of Representing Professional and Nonprofessional Fiduciaries (King County Bar
Association) (March 18, 2011).
• Panelist, “Resolved: The Trust is Dead,” American Association of Law Schools 2011 Annual Meeting (San Francisco, CA) (January 2011).
• “Do Your Health Care Directives, Powers of Attorney and Community Property Agreements Need a Tune Up?,” 55th Annual Estate Planning Seminar (Washington State Bar Association and Estate Planning Council of Seattle) (November 1-2, 2010).
• “Proposed Changes to Washington Trust Law,” 7th Annual Trust and Estate Litigation Seminar (Washington State Bar Association) (Seattle March 12, 2010).
• “Revisions to Slayer Statute,” Strengthening Your Estate Planning Practice (King County Bar Association)(Seattle April 7, 2010).
• “New 2009 Slayer Statute – Financial Exploitation as Grounds for Disinheritance,” Advising Estate Planning and Probate Clients (Washington State Bar Association) (Seattle November 18, 2009).
• “Ethical and Malpractice Issues Related to Probate Litigation,” 12th
Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle December 4, 2009); 11th Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle December 12, 2008); 10th Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle December 14, 2007); 7th Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle December 10, 2004); 6th Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle December 12, 2003); 5th Annual Probate Litigation and Ethics Seminar (King County Bar Association) (Seattle October, 2002), and 4th Annual Probate Litigation and Ethics Seminar (King County Bar
Association)(October 19, 2001).
• “Estate and Related Planning During Economic Turmoil,” American Bar Association Section of Real Property, Trust and Estate Law e-CLE (January 21, 2009).
• “The Fertile Octogenarian Revisited: Romance Late in Life, Its Financial Implications and the Right to Physical Intimacy in the Nursing Home,” ABA Section of Real Property, Trust and Estate Law 19th Annual Symposia (Washington, D.C. May 1-2, 2008).
• Speaker, Fourteenth Annual Professional Responsibility Institute (UW School of Law) (Seattle, WA Dec. 1, 2007), Chair, Twelfth Annual Professional Responsibility Institute (UW School of Law) (Seattle, WA Dec. 11, 2004), and Chair, Tenth Annual Professional
Responsibility Institute (UW School of Law) (Seattle, WA Nov. 16, 2002).
• “Power of Attorney Hot Topics – American and Canadian Perspectives,” and “What Every Tax Practitioner Should Know about Elder Law,” ABA Section of Real Property, Probate and Trust and Taxation Section Joint Fall CLE Meeting (Vancouver, B.C.)(Sept. 27-29, 2007).
• “Interstate Jurisdiction Problems with Guardianships: the Proposed Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,” 52d Annual Estate Planning Seminar (WSBA)(Seattle October 2, 2007).
• “Proposed Amendments to Washington Trust Statutes: Implications for Revocable Living Trusts and their Trustees and Beneficiaries,” Annual Meeting of the Washington State Bar Association Real Property, Probate and Trust Law Section (Spokane, WA June 9, 2007).
• “What You Don’t Know About the New Rules of Professional Conduct Could Hurt You,” Essentials of Elder Law: TEDRA & How to Protect your Elder Clients (Washington State Bar Association) (January 19, 2007).
• Co-chair and Presenter (“Credit Shelter Trusts,” “Community Property Agreements,” “Planning for Nontraditional Families,” “Durable Powers of Attorney,” “Planning for Retirement Benefits”), Basic Washington Estate Planning Skills Series, (University of Washington School of Law CLE) (Seattle, WA September through December 2006; April through June 2004; April and May, 2000; September 23-26, 1998).
• “Ethics Rule Changes and How to Avoid Discipline in the Areas of Estate Planning and Real Estate Matters,” Annual Meeting of the Washington State Bar Association Real Property, Probate and Trust Law Section (Skamania, WA June 9, 2006).
• “Post – Schiavo Legislative Update,” ABA Real Property, Probate and Trust 17th
Annual Symposia (San Diego, California May 3-5, 2006).
• “Conflicts and Other Ethical Issues in Elder Law,” Advanced Issues in Elder Law (King County Guardianship and Elder Law Section) (Seattle, Washington March 23, 2006).
• Commentator, Trust Law in the 21st
• “Surrogate Decision Making: Ethical Issues We Never Thought About in Law School,” ABA Real Property, Probate and Trust 16th Annual Symposia (Washington, D.C. April 27-30, 2005).
• “Revisions to Washington Rules of Professional Responsibility,” Annual Meeting of the Washington State Bar Association Real Property, Probate and Trust Law Section (Spokane, WA June 10, 2005).
• “Multi-Jurisdictional Estate Planning,” American College of Trust and Estate Counsel 2005 Western Regional Meeting (Seattle, WA May 14, 2005).
• “Ethical Issues in Trust and Estate Litigation,” Trust and Estate Litigation: Invaluable Insight for Every Estate Planner (Washington State Bar Association) (Seattle, WA March 18, 2005).
• “Durable Powers of Attorney,” Elder Law Issues in Estate Planning (WSBA) (Seattle, WA January 28, 2005).
• “Update on Uniform Management of Institutional Funds Act,” Sixth Annual Not for Profit Workshop,” (Seattle, WA Nov. 9, 2004).
• “Community Property across State Lines,” ABA Real Property, Probate and Trust 15th
Annual Symposia (Seattle, WA April 2004).
• “Update on Uniform Trust Code Committee/Notices Required for Trusts,” Annual Meeting of the Washington State Bar Association Real Property, Probate and Trust Law Section (Skamania, WA June 4-6, 2004).
• “The Durable Power of Attorney Comes Into Its Own,” The 37th
Annual Philip E. Heckerling Institute on Estate Planning (Miami, FL January 10, 2003).
• “Confidentiality, Capacity, Scope of Representation and Acting as Witness When Representing Fiduciaries,” Advising Guardianship and Estate and Trust fiduciaries and Beneficiaries (WSBA)(Seattle, WA Nov. 13, 2003)
• “Ethics and Estate Tax Practice,” Federal and Washington Estate Tax Returns: Updates on Planning and Practical Tips (WSBA) (Seattle, WA April 2, 2003).
• “DPA Statutes vs. Guardianship,” Advanced Guardianship Issues II (King County Bar Association) (Seattle, WA March 21 2003).
• “Community Property Issues Affecting the Estate Practice,” (Panel discussion) 13th
Annual Estate Planning Symposium (ABA Real Property Probate and Trust Law Section) (San Francisco April 25, 2002).
• “Property Interests Across State Lines – A Comparison and Contrasting View of Joint Ownership and Owner’s Rights,” and “Multi- State Discussion Regarding Powers of Attorney – A Comparison of Uses, Powers and Obligations,” (Panel discussions) Annual Meeting of the WSBA Real Property Probate and Trust Law section (Skamania, Washington May 31, 2002).
• “Updates: Probate/General Durable Power of Attorney Statute,” Annual Meeting of the Washington State Bar Association Elder Law Section (Seattle September 21, 2001).
• “Ethics for Estate Planners,” WSBA Tele-Seminar (December 14, 2001).
• “Revisions to the Washington Durable Power of Attorney Statute,” Annual Meeting of the Washington State Bar Association Real Property, Probate and Trust Section (Seattle, WA, June 2001).
• “Choice of Entity Issues in Estate and Business Succession Planning,” Forty-Fifth Annual Estate Planning Seminar (WSBA) (Seattle, WA, Oct. 17, 2000).
• “Community Property Agreements – How They Affect Montana, Idaho and Washington Estate Planners,” 27th Annual Tax Institute (“Macs & Tax”) (Gonzaga University, sponsor) (Priest Lake, ID, Sept. 30, 2000).
• “Ethical Issues in Probate and Post-Mortem Planning,” Advanced Probate (WSBA) (Seattle, WA July 13, 2000, and Mt. Vernon, WA July 27, 2000).