Trust and Estate Planning 101: The Nuts and Bolts (CA) [OnDemand Streaming and Recorded Packages]

What You Will Learn

Agenda
Part 1: Tuesday, March 18, 2025
1:00 p.m. – 4:45 p.m. Pacific Time

1:00 p.m. – 1:25 p.m.
Initial Interview and Ethical Considerations

• Identify clients
• Conflicts of interest
• Capacity concerns
• Expectations

1:25 p.m. – 2:15 p.m.
Wills

• Independent vs. pour over
• Guardianship provisions
• Miscellaneous provisions
• Execution requirements

2:15 p.m. – 2:25 p.m.
BREAK

2:25 p.m. – 4:00 p.m.
Trusts

• Trusts vs. other methods of transfer (i.e., Probate, operation of law, small estates)
• Revocable vs. irrevocable trusts
• Exoneration/Ademption/Abatement
• Spousal set-asides – family claims/protection issues (omitted spouse, omitted children)
• Distribution options (immediate vs. long term)
• Trust protectors
• Asset protection
• Incapacity (settlor or trustee)
• Presumption of fraud or undue influence
• No contest clauses

4:00 p.m. – 4:45 p.m.
Drafting an Estate Plan Step by Step
 

Part 2: Thursday, March 20, 2025
1:00 p.m. – 4:45 p.m. Pacific Time

1:00 p.m. – 1:45 p.m.
Fiduciaries

• Types [Trustees, Trust Protectors, Agents, Attorneys in Fact]
• Duties
• Consistency of fiduciaries
• Other considerations
• Fiduciary duties of trustee
  • Reporting requirements
  • Waivers and exoneration

1:45 p.m. – 2:20 p.m.
Powers of Attorney and Advanced Health Care Directives 

POA:

• Immediate v. springing
• Statutory v. custom
• Powers to amend, revoke and gift

Advanced Health Care Directives:

• Statutory v. custom
• Signature requirements
• Multiple agents
• HIPAA/CMIA – compliance with statutory requirements

2:20 p.m. – 2:30 p.m.
BREAK

2:30 p.m. – 3:00 p.m.
Funding Documents

• Assignments
• Certifications
• Deeds
• Funding letters
• LLCs, partnerships
• Stale trusts

3:00 p.m. – 3:05 p.m.
BREAK

3:05 p.m. – 4:45 p.m.
Avoiding Litigation: Common Controversies Leading to Litigation

• Fiduciary liability
• Accountings
• Contests
• Attorney liability

Testimonials

“Today’s session was excellent with good explanations for why an estate planning attorney should do what she should do and things to consider.” – James Lawrence Pagano, Esq.

“Wonderful program with lots of difficult situations addressed. Loved the examples provided, particularly about the A, AB, and ABC trusts.” – Manohar Sukumar, Esq.

“Great overview.” – Andres Moreno, Esq.

“Great speakers and content.” – Marie Mondia, Esq.

“Excellent overview. The highlight was the excellent speakers. They were very dynamic, engaged, had great banter, and kept it interesting.” – Julia Birkel, Esq.

“It was very well done and easy to follow.” – Nazanin Ghazi, Esq.

“Today’s session was extremely informative, and the speakers did a great job tying the information to real life situations.”- Barbara Ehrlich, Esq.

“Excellent speakers.” – Edward Wallace, Esq.

“It was very well done.” – Cathay Fulton Ericksen, Esq.

“It was excellent.”- Richard Hall, Esq.

“I find this course to be very helpful. I am a young attorney who just started in a law firm specialized in estate planning and estate administration. I am eager to learn as much about this topic as possible. I really like that the speakers not only talk about the theory of the subject, but also about the practice.”

“Excellent! All speakers were incredibly knowledgeable, clear, and concise. I appreciated that they were all able to provide a different background and experience.”

“All of the speakers were clear and informative.”

“Loved each of these speakers.  They were each knowledgeable and explained things well.  Thorough answering of viewer questions.”

“The presenters were all highly knowledgeable and presented some tangible examples and advice on wills and trusts.”

“I thought the program today was much more energetic and captivating than yesterday. I think having 3 speakers is a great because you don’t have to listen to the same person talk the whole time. There is also a mix of opinions and ideas as well as banter between the speakers that makes the program more interesting.  I was highly satisfied with the entire program.”

“All speakers were excellent.”

“Excellent as usual.”

“Great information presented in an easy-to-understand format.”

“Very organized and thorough. I liked the PowerPoints.”

“I found the portion of the presentation on common trust structures to be a very good refresher.”

“This was an excellent program with excellent presenters.”

“I liked that the slides were provided, and it was helpful that they included the code sections.”

“I thought it was very thoughtful, and the speakers were very informative and organized.”

“Excellent speakers, excellent conveyance of relevant information. All of the speakers were very respectful with timing and answering questions.”

“Excellent program–I learned a lot, thanks!”

“All of the speakers today were clear and informative.”

“Excellent program, thank you!”

“Great information. Knowledgeable speakers. I appreciated the ‘in practice’ examples.”

“Great speakers. Great information. I love Lauriann! I will always attend seminars where I know she’s speaking. She’s a great speaker. Very relatable.”

“Great speakers.”

“It was terrific.”

“It was very informative.”

“The program was very informative. I liked the practical approach and the hypos at the end.”

“Thorough presentation.”

“Very informative program! The visuals in the Trust section were fantastic.”

Faculty

Hon. Mary Thornton House (Ret.)
Retired Judge / Los Angeles Superior Court
Alternative Resolution Centers

Judge House recently retired after 22 years on the Los Angeles Superior Court, where she presided over countless jury and court trials in the Civil and Probate departments. With experience serving as the Supervising Judge of the Northeast and North Central districts, Hub Operations and Assistant Supervising Judge of Civil countywide, Judge House brings a unique and in-depth understanding of all aspects of civil case processing and case values. She is touted for her calm demeanor and unbending graciousness to all that appeared in front of her, as well as her extraordinary and relentless, common-sense approach to settling cases.

Judge House was the first Municipal Court Judge to become a Supervising Judge for the Superior Court in the Northeast District. Elevated in 2000, she presided over mandatory settlement conferences in both limited and general civil matters, reducing the civil caseloads throughout the Northeast and North Central Districts. 

In 2004, she moved to a Civil direct calendar court at the Mosk Courthouse, handling civil matters including personal injury, contract, employment, professional malpractice, asbestos and products liability. She routinely conducted successful settlement conferences for her colleagues and her own matters. She returned to Pasadena in 2010, presiding over Probate and Family/Civil harassment cases. In 2016, she returned to a downtown Probate Department for two years before retiring in 2018. 

Prior to her appointment to the bench, Judge House was an Assistant City Attorney for the City of Los Angeles. Initially, she was a criminal prosecutor, but transferred to the civil branch to defend lawsuits against the City and its employees. Her last five years included advising the Los Angeles City Council, Police Commission and Fire Commission. She successfully defended the City’s Police and Fire departments in high dollar-value and high-profile cases in both federal and state courts. 

Yevgeny L. Belous, Esq.

Rodnunsky & Associates

Yevgeny L. Belous completed his undergraduate studies at the University of California Santa Cruz in 2005, graduating with a degree in Economics and Business Management. Mr. Belous earned his J.D. from Thomas Cooley Law School in 2009. For 10 years, Mr. Belous has been practicing exclusively in the areas of trusts and estates, conservatorships, guardianships, estate planning and probate litigation. A large portion of Mr. Belous’ practice is devoted to representing professional fiduciaries in court proceedings and private trusts. This includes representing professional fiduciaries in disciplinary proceedings by the Professional Fiduciaries Bureau. Mr. Belous is a frequent lecturer on probate law, fiduciary ethics and fiduciary practice management. He has been named a SUPER LAWYER RISING STAR for 2018, 2019 and 2020.

Veronica K. Cerruti, Esq.
Partner/Certified Legal Specialist in Estate Planning, Trust & Probate Law
Manatt Phelps & Phillips LLP

Veronica Cerruti’s practice focuses on trust, estate and transfer tax planning, with an emphasis on family wealth transfers for large estates, business succession planning, sophisticated estate, gift and generation-skipping transfer tax savings techniques, and complex probate and trust administrations.

Her practice includes: preparation of wills, trusts and ancillary documents; business succession planning; generation-skipping and dynasty trust tax planning; asset protection planning; estate and trust administration; preparation and review of gift and estate tax returns; prenuptial and postnuptial agreements; irrevocable insurance trusts; court proceedings relating to the administration, modification or termination of irrevocable trusts; analysis of trust litigation issues; and trust accountings.

Veronica is a frequent speaker for educational programs on a variety of estate planning topics and techniques, including seminars for individuals who are interested in providing for their pets in the event of the individual’s incapacity or death. 

Bruce Givner, Esq.

KFB Rice LLP

Mr. Givner has been practicing tax law for almost four decades concentrating on income tax planning, estate tax planning, sophisticated retirement plans, asset protection planning, charitable planning, capital gain planning, tax litigation, and the representation of high net worth and high income families, as well as individuals and their closely held corporations.

He has been AV rated by Martindale-Hubbell for 3 decades and is a SuperLawyer.  He is the author of 100 articles in professional journals and the co-author of 4 chapters in CEB’s California Will Drafting; 2 chapters in CEB’s Drafting California Irrevocable Trusts; and the chapter on “Use of Life Insurance In Estate Planning” in CEB’s California Estate Planning.  Bruce represented the prevailing taxpayers in L&B Pipe & Supply Co., Inc. v. Commissioner, T.C. Memo 1994-187 and has been cited favorably by both the U.S. Tax Court (Judge Nims in Fujinon Optical, 76 T.C. 499 (footnote 10) and the California Court of Appeals (Judge Lui in FTB v. Safeco, 164 CA 3rd 526.

Daniel B. Herbert, Esq.
Partner/Certified Legal Specialist in Estate Planning, Trust & Probate Law
Manning & Kass, Ellrod, Ramirez, Trester LLP

Daniel B. Herbert is a partner in the law firm of Manning & Kass, Ellrod, Ramirez, Trester LLP, where he has been head of the firm’s trust and estate litigation group since 2005. Previously he was a partner with McKay, Meyer and Herbert, APC, where he was in charge of that firm’s trust and estate litigation for eight years. He has successfully litigated many contested trust and estate matters, including at trial and on appeal, including winning a .4 million judgment at trial and a .1 million appeal in the same day. He is certified by the California Board of Legal Specialization as a specialist in estate planning, trust, and probate law.

Mr. Herbert has made several presentations to attorneys including to the American Bar Association at the 2009 Annual Symposia of its Real Property, Trust & Estate Section in Washington DC (regarding trust and probate litigation); the State Bar of California at its 2014 Summit in Newport Beach (Litigated to Death: How to Sue, Defend, and Settle with the Dead); the Los Angeles County Bar at its Trusts & Estates Symposium in 2015 (ethics for the probate bar); and post-death litigation presentations to civil litigation and trial attorneys in Los Angeles (broadcast live to five other cities) in 2012, 2016.

His presentations for Pincus Professional Education include specialist-certification courses in 2013, 2015; Trust & Estate Boot Camp in 2014; Probate practical course in 2016; Advanced Estate Planning seminar for complicated estates in 2016; and Probate Litigation 101 in 2017 & 2019.

He authored Trustees Face Big Liability published in the Insurance Journal on December 20, 2010, and Last Beneficiary Standing: Identifying Proper Parties in Fiduciary Litigation published in the ABA e/Report in June 2009.

Mr. Herbert is admitted to practice law in the state and federal courts of California (1990), Illinois (1994), and New York (2002), and before the Seventh and Ninth Circuit Courts of Appeal. He graduated cum laude from Whittier Law School in 1990 with many honors and distinctions (Law Review, Dean’s List, Honor Roll, Dean’s Merit Scholarship, and several American Jurisprudence Awards). He is a member of the trust and estate sections of the American Bar Association, California Lawyer’s Association, Illinois State Bar Association, New York State Bar Association, Los Angeles County Bar Association, and Pasadena Bar Association.

Mark A. Lester, Esq.
Partner
Lester & Hirschberg, LLP

In a career spanning over 40 years, Mark Lester is widely recognized for his legal achievements. He has been certified as an estate planning, trust, and probate law specialist by the State Bar of California Board of Legal Specialization. In September 2022, he finished serving as the Chairperson and six-year tenure as one of 7 members of the Board of Trustees of the California Board of Legal Specialization after 5 years of service as one of the nine (9) appointed commissioners on the State Bar of California, Board of Legal Specialization, Estate Planning Law Advisory Commission, which is responsible for writing, administering and grading the certification examination and approving the application for California attorneys seeking to become California Certified Specialists in Estate Planning, Trust and Probate Law. Since 2021, Mr. Lester continues to serve as an appointed member of the Marketing Subcommittee of the ABA Standing Committee on Specialization. Beginning in 2015, Mark has been annually recognized as a Southern California Super LawyerTM in Estate & Trust Litigation (2015 – 2024), in Estate Planning & Probate (2015 & 2018) and in Corporate/Business (2018) areas of the law, and in 2022, 2023 and 2024 as a Southern California Top 100 Super LawyerTM.

Mark has an established reputation in the legal community as a respected trial attorney. He also frequently serves as a Voluntary Settlement Officer through the San Fernando Valley Bar Association for the Probate Department of the Los Angeles County Superior Court, as well as for the Ventura County Superior Court Probate Department. Mr. Lester previously served as a Judge Pro Tem for the Small Claims Department of the Los Angeles County Superior Court.

Mr. Lester earned his Bachelor of Arts degree from Stanford University in 1977.  In 1980, he earned his Juris Doctor degree from Seattle University School of Law.  While attending law school, he was Chairman of the Membership Committee of Phi Delta Phi and an Associate Editor for the Puget Sound Law Review, now known as the Seattle University Law Review.  He also received the American Jurisprudence Award in Trusts and Estates.  After graduating from law school, Mr. Lester went on to earn his Master of Laws, or LL.M., Taxation degree from Boston University School of Law in 1981. 

Mark is a local community leader as well, volunteering for the Ventura County Wellness & Caregiver Resource Center and the golf committee for the Ventura County Council Boy Scouts of America. He has served on the Board of Directors for Family Health Care Centers of Greater Los Angeles, Inc. and the Oxnard Police Foundation. For almost 15 years, Mark (an Eagle Scout since 1969) served as an Assistant Scoutmaster and merit badge counselor for Western Los Angeles County Council Boy Scout Troop 485, where three of his sons also attained the rank of Eagle Scout. 

Lauriann Wright, Esq.
Partner
Wright Kim Douglas ALC

Lauriann Wright is an experienced probate litigator and estate planner located in Glendale California. For over 25 years, she has been practicing all phases of probate law and litigation, including conservatorships, guardianships, trusts, and probate estates, throughout Los Angeles, Orange, and Riverside Counties. The focus of her practice is the representation of professional fiduciaries, with success in helping fiduciaries maintain neutrality amid litigation among family members. She also represents select private clients in trust and estate litigation matters, like will and trust contests. She has been named as a Southern California Super Lawyer in Trust and Estate Litigation for over ten consecutive years, from 2012 through 2022. In fact, for 2020 through 2022, she has been named one of the Top 100 Super Lawyers in Southern California and, for 2021, she was named one of the Top 50 Women Super Lawyers in Southern California. For 2016 through 2022, she is also listed as one of "The Best Lawyers in America" in Litigation / Probate by Best Lawyers and her law firm has been named a Best Law Firm by U.S. News & World Report as well.  And she has been named as a member of the National Advocates: Top 100 of Wills, Trust, and Estates Lawyers. She has also been AV Rated Preeminent by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards.

Mrs. Wright has conducted numerous contested probate bench trials, dozens of depositions, and written and argued several probate appeals. She has successfully represented professional fiduciaries in contested and protracted probate litigation proceedings in numerous multi-million dollar trusts and estates. Her representation of fiduciaries has included high-profile matters involving the Disney family as well as Britney Spears. She has also served as a fiduciary herself through court appointments as a receiver for real property, guardian ad litem, and trustee. Mrs. Wright has worked with the Los Angeles County Sheriff’s Office on numerous financial elder abuse cases and has been able to successfully recover substantial assets for the elderly victims. She is also a member of the Los Angeles County Court Appointed Counsel Panel as well as the Trusts and Estates Sections of the State Bar and the Los Angeles County Bar. 

Four key qualities make Mrs. Wright an effective advocate for her clients: (1) a keen understanding of probate law and procedure, garnering the respect of her fellow attorneys and bench officers; (2) thoroughness and attention to detail; (3) expansive litigation experience from a concurrent business litigation practice; and (4) social intelligence and understanding of the emotionally charged nature of probate disputes.

 In addition to her probate experience, Mrs. Wright is also an experienced business litigator, knowledgeable in all phases of civil litigation, including jury and bench trials in both state and federal courts. She has briefed and argued cases in appellate matters, including the successful, published opinion in Soderberg v. McKinney, 44 Cal. App. 4th 1760, 52 Cal. Rptr. 2d 635 (1996) which reversed the law on real estate appraiser liability in California. Through her business litigation experience, she has substantial knowledge in the areas of commercial finance, factoring, real estate, construction defect, intellectual property, and complex litigation.

 Mrs. Wright graduated from University of California, Hastings College of the Law in 1994 with her Juris Doctorate, including a semester of specialized coursework in international law completed at University of Leiden Law School, Leiden, the Netherlands. Mrs. Wright was admitted to the California Bar in December 1994 and is admitted to practice in all the California state and federal trial and appellate courts. 

Additional faculty to be announced.

Fees

Pre-order now and save $25 on your purchase with the Early Bird Rate!* Early Bird Expires October 31st!

Your discount is automatically applied at check out – no coupon needed.
Seminar Materials are included with OnDemand and all recorded package options.

OnDemand Streaming!  On-Demand Streaming allows for a single person to view the seminar unlimited times until one year after the seminar is held.

Recorded Packages!  Recorded Packages allow for a single person to download and view the program recording and are also available via DVD or CD.

Discounted rates are available for 2-4 attorneys at your firm.  Licenses are available for law firms or agencies that would like to distribute the video package or OnDemand Streaming access to more than four attorneys at their firm or agency.

Fees:

OnDemand Streaming:  $454
Early Bird Rate: $429

Recorded Packages via Download or CD/DVDs:

Video Recording – DVD or Download: $454
Early Bird Rate: $429

Audio Only (for in your car, etc.) Recording – CD or Download:  $454
Early Bird Rate: $429

Order both the Video and Audio Only Packages for only $50 more – Download, DVD or CD: $504
Early Bird Rate: $479

$8.50 shipping and sales tax (in California) are added at checkout to DVD/CD orders.

This program will be recorded live on March 18 & 20, 2024. Because we record our seminars live and they are edited, OnDemand Streaming and Recorded Packages are available approximately two to three weeks after the seminar is held.

Your OnDemand access is good for up to one-year from the time of purchase.  Please be sure to select OnDemand Streaming to the right and check out. OnDemand can be watched from any type of device.

*The Video recording is a video of the webinar (with sound). The Audio Only recording are audio files only and are for those who wish to listen to it without watching a video (such as in the car or while walking).

Note: OnDemand Streaming can be watched from any device. However, all download packages must be downloaded to a computer first, before transferring them to another device due to downloading as zip files containing both the video/audio and a large folder with seminar materials contained in the download package.

CLE Credit

CA General:  This program is approved for 7.0 units of General CLE in California.

CA Participatory Certified Legal Specialist:   This program is approved for 7.0 hours of Legal Specialization Credit in Appellate Law   (Expires 03/17/2027)

CA Self Study (only) Certified Legal Specialist: This program is approved for 7.0 hours of Legal Specialization Credit in Appellate Law   (Expires 03/17/2030)

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 7.0 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the state listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.