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Basics Conference 2018: Estate Planning

Learn skills and gain confidence in this course designed to dissect the basic concepts, instruments and techniques of estate planning. Get comprehensive practice-oriented knowledge essential in starting a thriving estate planning practice.

 

12 Hours MCLE Credit, including 4 Hours in Legal Ethics. Specialization: Estate Planning, Trust & Probate Law; Taxation

 

 

Learn skills and gain confidence in this course designed to dissect the basic concepts, instruments and techniques of estate planning. Get comprehensive practice-oriented knowledge essential in starting a thriving estate planning practice. 

Individual Sessions Include:

This is a basic level program and assumes no prior experience in estate planning. The Basics Conference 2018: Estate Planning is appropriate for attorneys new to estate planning, those transitioning to the area as well as those seeking a refresher course.

On Demand ES97524-191

Recorded September 20 and 21, 2018 at the Hilton Santa Barbara Beachfront Resort

 

New Admittee Discount: Save $200 if you were admitted in the last 5 years and have not already used your CEB program discount.

$ 695.00

Learn skills and gain confidence in this course designed to dissect the basic concepts, instruments and techniques of estate planning. Get comprehensive practice-oriented knowledge essential in starting a thriving estate planning practice. 

Individual Sessions Include:

This is a basic level program and assumes no prior experience in estate planning. The Basics Conference 2018: Estate Planning is appropriate for attorneys new to estate planning, those transitioning to the area as well as those seeking a refresher course.

JEFFREY S. TACHIKI

Jeffrey S. Tachiki

JEFFREY S. TACHIKI, The Tachiki Law Group, Oakland  Jeff is the principal attorney at The Tachiki Law Group where his practice includes estate planning, trust administration, and probate. Jeff is a Certified Specialist in Estate Planning, Trust and Probate Law as recognized by the State Bar of California, Board of Legal Specialization. Jeff is a member of the Trusts and Estates section of the State Bar of California, was Vice-Chair of the Trusts and Estates Section of the Alameda County Bar Association, and a member of the Bay Area Chapter of the Asian American Bar Association. Jeff is a frequent lecturer on various estate planning and administration topics. He received his JD from the S.J. Quinney College of Law at the University of Utah. Before turning to estate planning and administration, Jeff practiced civil litigation at a top 100 firm in San Francisco.

LORI A. LEWIS

LORI A. LEWIS

LORI A. LEWIS, Mullen & Henzell, Santa Barbara, practices in the areas of estate planning and incapacity, advising clients on matters involving powers of attorney, conservatorships, advanced health directives, wills, and trusts. Ms. Lewis handles many legal matters that involve the high emotional intensity of family conflict; for that reason, when necessary and appropriate, Lori uses either tools of mediation or litigation, or both, to resolve conflicts related to conservatorship and post-death probate & trust administrations. Ms. Lewis is certified by The Board of Legal Specialization of the State Bar of California as a Probate, Estate Planning and Trust Law Specialist. She received her J.D. from Santa Barbara College of Law.

JULIE R. WOODS

JULIE R. WOODS

JULIE R. WOODS is the Probate Legal Research Attorney for the Superior Court of the State of California, County of Contra Costa. Prior to working for the court, her practice focused on the litigation of estates, trusts, conservatorships, elder abuse actions, and civil crossover matters. Woods has practiced throughout the state of California in matters involving trusts and estates up to, and exceeding, $50 million. She was recognized as a Rising Stars honoree in Super Lawyers Magazine, and as one of the Top Women Attorneys by both San Francisco Magazine and Los Angeles Magazine. Woods is a governmental fellow in the honorary society Litigation Counsel of America. In Fall 2017, Woods was published in California Trusts and Estates Quarterly. She also formerly served on the committee of writers for the case law updates disseminated to the Trusts and Estates Section of the State Bar. Woods earned two B.A. degrees with emphases from the University of Southern California and graduated with her J.D. degree from the University of Notre Dame Law School.

BETH ACEVEDO

BETH ACEVEDO

BETH ACEVEDO, Weinstock Manion, Los Angeles, applies a broad background in estate planning, estate and trust administration and tax law to develop customized, multi-generational estate plans for high net worth individuals and families. Through the careful crafting of trusts, wills, powers of attorney and health care directives, Beth identifies and addresses potential conflicts before they occur while maintaining the clients' interpersonal and wealth transfer goals. Beth has an Executive LL.M. in Taxation from New York University. She received her J.D. from State Univ. of New York SOL; Buffalo NY.

BLAKE A. RUMMEL

BLAKE A. RUMMEL

BLAKE A. RUMMEL, Weinstock Manion, Los Angeles, is a litigator focused exclusively in the areas of probate, conservatorship, and estate and trust litigation. She has been successfully resolving disputes for over 20 years, both in and out of the courtroom. Ms. Rummel is a frequent speaker on a variety of trust and estate topics. She received her J.D. from Southwestern School of Law, Los Angeles, S.C.A.L.E. program.

KENT L. KRISTOF

KENT L. KRISTOF

KENT L. KRISTOF, Kristof & Kristof, Pasadena, has extensive experience in matters of complex trust, estate and conservatorship law. Mr. Kristof earned his Juris Doctor from the University of San Diego School of Law in 2004.  Mr. Kristof has earned his LLM (Legum Magister) in estate planning and elder law. He has worked as a settlement officer for the Pro Bono Probate Settlement Program of the Los Angeles Superior Court and volunteered with the Pro Per Guardianship Clinic. Currently, he serves as a Probate Volunteer Panel attorney for the Los Angeles Superior Court.  Mr. Kristof also acts as Arbitrator with the Attorney Client Mediation Arbitration Service hearing disputes between other attorneys and their clients.

GREGORY J. LEDERMAN

GREGORY J. LEDERMAN

GREGORY J. LEDERMAN, Law Offices of Gregory J. Lederman, Woodland Hills, represents clients in a wide variety of trust, estate, and probate matters including will preparation, living trusts, special needs trusts, probate litigation and administration, conservatorships, and trust administration. Mr. Lederman is a Certified Specialist in Estate Planning, Trust and Probate Law. He received his J.D. from the University of LaVerne College of Law.

DAVID GRAFF

DAVID GRAFF

DAVID GRAFF, of Allen & Kimbell, LLP, Santa Barbara, is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California. David’s practice focuses on tax planning, the structuring and drafting of estate planning documents, trust administrations, and probates. He also advises clients in business law, including the formation and operation of both for-profit and non-profit entities. Mr. Graff received his Bachelor of Arts degree in history and international studies at the University of Pennsylvania, graduating cum laude. He received his Doctorate of Jurisprudence from the University of California at Davis, and was admitted to the California Bar in 2004. He went on to obtain a master’s degree in tax law from New York University in 2007, and is licensed to practice in the United States Tax Court. Mr. Graff, a Southern California native, enjoys living in Santa Barbara with his wife, daughter, and two dogs. He is currently on the board of directors of the Santa Barbara Zoo, and has worked with many local non-profits, including a no-kill dog shelter/rescue. He enjoys hiking, backpacking, and playing ice hockey in Goleta.

JENNIFER CUNNEEN

JENNIFER CUNNEEN

JENNIFER CUNNEEN, Cunneen Law, San Jose, practices in San Jose and is founder of Cunneen Law. She practices exclusively in the area of estate planning, advising individuals, couples and multi-generational families on their estate and business succession planning needs. Jennifer provided over 20 years of legal services to clients in the Family Wealth & Tax Planning Group of Hopkins & Carley before opening her own firm. She received her J.D. from Santa Clara University School of Law.

I. Ethics & Professional Responsibility

There are a number of critical ethical questions that have to be asked, considered, and answered before and during representation. Join Estate Planning, Trust & Probate Law Certified Specialist Jeff Tachiki as he discusses these and other ethical considerations that confront the estate planner in practice today.

  • Where to find rules governing ethics
  • Rules that apply to the estate planner
  • Remedies against the attorney
  • Effect of Circular 230
  • Who is the client?
  • Confidentiality
  • Conflict of interest
  • Clients with diminished capacity
  • Attorney’s Fees
  • Duties to other attorneys, the court
  • Bases for sanctions

II. Planning for Incapacity

Assessing and planning for incapacity involves various steps, responsibilities and instruments. You will learn about the steps to take when assessing for incapacity as well as how to proceed once you have reached a determination.

  • What is incapacity?
  • Assessing for incapacity
  • Advance health care directives
  • HIPAA authorization
  • Durable power of attorney for financial management
  • Nomination of conservator/conservatorships
  • Springing v. immediate
  • Guardianship

III. Wills

The dollar amount is irrelevant in estate planning. Join us to learn about wills and pour-over wills. You will learn about the standard terms and concepts applicable to both as well as the effect of these standard provisions. A discussion about what constitutes a valid will, guardianship nominations, and trust and estate contests is also included.

  • What is estate planning?
  • Why dollar amount is irrelevant
  • Intestate succession
  • Consanguinity chart
  • What is a will?
  • What is a pour-over will?
  • Requirements for a valid will
  • Guardian nominations by will
  • Standard provisions explained
  • Testamentary trust
  • Trust and estate contests
  • Function of pour-over will to solve trust funding problems
  • An introduction to the judicial council forms involved in a probate proceeding

IV. Trusts

Join us to learn how to draft a trust. We will provide you with a first-hand understanding of how a trust is created. We start by identifying and explaining standard terms and concepts and then distinguish between the single person v. married person revocable trust. Trustee powers, funding the trust, and how to seek guidance on complicated issues will also be covered. Plus you will learn about special assets and how to treat them in the course of estate planning.

  • What is a trust?
  • Understanding standard terms and concepts
  • Single person revocable trust
  • Married couple revocable trust
  • Separate vs. community property issues
  • Separate assets
  • Transmutations
  • Drafting the trust
  • Funding the trust
  • Treatment of special assets
  • Fiduciary accountings

V. Post-Death Trust Administration

How the documents that you draft will be administered. Trust administrations can be a meaningful and rewarding part of a trusts and estates practice. Administration of the trust is its true test. You will learn how to administer a revocable trust after the death of the settlor.

  • How a change of trustee occurs
  • Checklist & procedures upon the death of settlor
  • Ongoing duties and liabilities of successor trustee
  • Inventory, valuation, title of assets, liabilities
  • Trust distributions

VI. Probate Avoidance

Probate is not always necessary. Property of limited value, property owned with a surviving spouse or registered domestic partner, or property owned in a certain way by the decedent might render probate unnecessary. After death, assets outside of probate can be available to heirs within a short period of time.

  • What is probate?
  • When probate may not be necessary
  • The “small estate” & how to calculate it
  • Spousal Property Petition
  • Joint tenancy property
  • Pay on death accounts
  • Transfer on death accounts

VII. Tax Issues

At some point in your estate planning practice, you will encounter tax issues. Even if you refer these matters out, on a cautionary note, spotting the tax issues is key. Join Estate Planning, Trust and Probate Law Certified Specialist, David Graff, as he explains these important tax rules.

  • The estate tax and how it is determined
  • Income tax
  • Property tax
  • Capital gains

VIII. The Initial Client Meeting

This program explains what to do and what to ask for at the time of your initial contact with a client. From taking the first phone call, to setting an in-office appointment, to presenting your fee agreement, to asking for the information that you will need to review in order to make an assessment, this program covers it. We share practical tips about what to look for in terms of issue spotting in general. Issues of capacity, susceptibility to undue influence, and conflicts of interests will also be discussed. Plus, you will learn a few tips about making recommendations to a client or potential client.

  • Initial contact
  • Who is the client?
  • Conflicts check
  • Scope of services & fees
  • Crossover issues
  • Questionnaire
  • Critical information
  • Important documents
  • Engagement letters
  • Required by CA B& PC §6148
  • Single or married couple
  • Potential conflicts for married couples
  • Representing multiple family units
  • Potential conflicts between family units
  • What to discuss at the meeting
  • Client competency
  • Estate plan options
  • Fiduciaries & guardians
  • Documents to be prepared
  • Estate and gift taxes
  • Transmutations
  • Wrapping up the meeting
  • Tips for successful client engagement
Products specifications
PRODUCT GROUP CLE
By Month September 2018
MCLE HOUR > 9
PRACTICE AREA Estate Planning
Products specifications
PRODUCT GROUP CLE
By Month September 2018
MCLE HOUR > 9
PRACTICE AREA Estate Planning