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* Comprehensive Estate Planning Bundle (including Legal Specialist Credits – CA) *
Audio program! (check our CLE Programs page for live versions)
Order now and save $775 by ordering the audio bundle!
Our Advanced Estate Planning Bundle combines five fantastic in-depth estate planning courses into one great deal.
If you are looking for practical strategies and a solid overview of the estate planning laws and rules in California, this bundle is a great addition to your library!
You’ll learn about the law, rules, tasks, risks, strategies and options in multiple areas of estate planning, trust and probate law. Your faculty also provides advice throughout each program. Taught by Certified Legal Specialists in Estate Planning, Trust and Probate law, as well as some judges, this bundle is and essential resource for anyone in this practice area. It’s also something that should be on every estate planner’s shelf.
Each audio packages includes the seminar’s handbook, any supplemental handouts, and the program PowerPoints.
Please click on the program links below to learn the details about each individual seminar, including agenda, summary, faculty list and CLE units.
This bundle includes the following programs:
Order now and save $775 by ordering the audio bundle!
This bundle is geared for the intermediate-to-advanced practitioner. If you are new to estate planning, please consider our introductory bundle, Starter Estate Planning Bundle (CA).
These programs are all approved for Certified Legal Specialist credits in Estate Planning, Wills and Trusts.
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What You Will Learn
Summaries for each program are below. Each program title is in red. For more details about each program, including the faculty list and CLE credits, please click on the links in each title.
Estate Planning Litigation – options and strategies
- Laying a foundation of Trustor’s competence and /Issues of competency
- Compensation agreements with family and friends who assist the Trustor
- Avoiding conflicts in legal representation as the “family lawyer”
- Management of assets by successor Trustor/attorney in fact after Trustor is incapacitated
- Disqualified transferees generally
- Attorney client privilege looking from the other side – on exceptions after settlers’/testator’s death – when there is a dispute
Counseling, Corporate Trustees and Ethics – where to get it right
- Business Succession Planning
- Estate Planning and Ethics
- Advantages/disadvantages of naming corporate trustees or private professional fiduciaries as administrators vs. family members or friends
Strategies, Options, Changes within our Traditional Estate Planning World
- Grantor Trusts
- Planning for valuation discounts
- Business structures
- Inter-Vivos Gifts, GRATs and Sales to Grantor Trusts
- Qualified Personal Residence Trusts (QPRTs)
- Private annuities and SCINs
- Charitable Remainder Trusts and Charitable Annuity Trusts
- Private Foundations versus Donor Advised Funds
- Advanced Estate Tax Planning
- Impact of the Woelbing and Davidson audits
- Need to file gift tax returns for fair market value transactions
- Intersection Of Income Tax And Estate Tax Planning
- Completed Gift DINGs/NINGs
- Parent’s purchase of low basis assets from grantor trust
- Charitable LLCs
- FLPs and Section 754 elections
- Estate planning for the terminally ill
- Generational split dollar
- What problem are we trying to solve?
- Need for flexibility and efficiency
- Long term (dynasty) trusts
- Specialized expertise
- Tax optimization
- Asset protection
- History of Trust Protectors
- California and other state authorization statutes
- Universal Trust Code
- Case law
- Trust Protector powers
- Public policy
- Specific powers typically given to Trust Protectors
- Nature of the powers – fiduciary or not
- Duties – proactive or reactive
- Trust Protector risks and liability
- Selecting a Trust Protector and successor
- Best practices
Property Tax Reassessment Traps and Exclusions
- Change in Ownership
- Life estates
- Parent-Child Exclusion
- Grandparent-Grandchild Exclusion
- Spousal Exclusion
- Proportional Interest Transfer Exclusion
- Change in Control Rule
International Estate Planning
- Estate planning for nonresidents with US connections
- US residents with foreign beneficiaries or assets
- Nonresidents with US beneficiaries or assets
- Tax treatment of foreign trusts & companies
- Pre-arrival planning for nonresidents moving to the US
- Expatriation planning for US residents leaving the US
- Offshore asset protection
- Offshore accounts, FATCA, and amnesty programs
- Intersection of Asset Protection Planning and Estate Tax Planning
- Copy of our article from California Trusts & Estates Quarterly “Asset Protection Planning: Attorneys As Advisors And Targets”, Vol. 18, Issue 2 (2012)
- Incorporating asset protection planning considerations into your estate plans
- Asset protection for business enterprises
- Limited Liability Companies and charging order protection
- Practical use of exemptions under state law
- California’s New Voidable Transactions Act: Impact and application to common estate planning and business structures
- Recent case law and trials dealing with challenges to asset protection structures and transfers
- Ethical, civil and criminal risks of asset protection
- Case Study: Sensible estate planning to reduce the risk of future creditor claims
Procedure & Timelines
- Statutory deadlines
- Estate proceedings
- Trust proceedings
- Probate Code 850
- Local Rules
- Ex Partes
- Citation and Summonses
- Do’s and Don’ts
Discovery – Differences between Probate and Civil Litigation
- Probate specific discovery procedures
- Probate Code § 8870 – Discovery of Decedent’s Property
- Probate Code § 2616 – Similar procedures for a conservatorship
- Subpoenaing Records
Types of Actions & Issues
Capacity & Undue Influence
- Presumption of Capacity
- Probate Code §§ 810-12
- Estate of Fritschi
- Capacity to execute trust
- Anderson v. Hunt
- Walton v. Bank of CA
- Lintz v. Lintz
- Capacity to execute will
- Probate Code 6100.5
- Conservatorships (functional capacity)
- Probate Code 1801
- WIC § 15610.70
- Burden of proof on contestant
- Estate of Truckenmeiller
- Elements to establish undue influence
- Estate of Lingenfelter
- Estate of Yale
- Estate of Little (where decedent suffers from debilitating illness, less evidence of pressure might be required)
- Estate of Allen (where alleged wrongdoer committed undue influence while acting in a fiduciary capacity, the requirements are diminished).
- Presumption of Undue Influence – Burden shifting
- David v. Hermann
- Estate of Rugani
- Estate of Llewellyn
- Rebutting Presumption of Undue Influence
- Clear and convincing evidence
- Transfer to person who drafted instrument, presumption is conclusive and cannot be rebutted.
- Unsuccessful rebuttal results in bearing of all costs including reasonable attorney fees.
- Trust Contests
- Will Contests / Revocation or Probate
- Contract to Make a Will
Removal of Fiduciaries and Accounting Litigation
- Appointment of temporary trustee.
- Demand all communications b/t prior trustee and counsel (Moeller).
- Probate Code § 17206.
- Probate Code § 15642(e).
- Strategy re proposing neutral PPF.
- Real property – recording interim order.
- Accounting Litigation
- From trustee
- Probate Code §§ 16060-61
- Probate Code § 17200
- De facto trustee / Trustee de son tort
- England v. Winslow
- From trustee
- Contested Conservatorships
- Probate Code § 1800.3
- Conservatorship of Ramirez
- Fees – Probate Code § 2640.1
- Substituted judgment petitions – Probate Code 2580
- Representing clients with limited capacity
- Statute of limitations
- Estate of Yool
- CCP 366.2 1-year SOL does not apply
- Real property – lis pendens.
- Usually not allowed if recovery of property combined with other causes of action seeking damages (BGJ Associates v. Superior Court)
- 859 Damages
Financial Elder Abuse
- WIC § 15610.3
- WIC § 15657.5.
- Perlin v. Fountain View Mgmt., Inc.
- Probate Code § 859 – double damages
Prohibited Donees – Probate Code § 21380
- Drafted / transcribed
- Care custodian / dependent adult
- Certificate of Independent Review / Independent Attorney
How To Interpret Probate Notes
Pre-litigation mediation and settlement
- Petitions to Approve Settlement
- Demand letter, draft of unfiled petition
Trials and Evidence
- Final status conference
- Trial prep
- Pre-trial deadlines
- Trial briefs
- Evidentiary issues
- Motions in limine
- Excluding witnesses
- Order of trial
- Opening statements
- Whose case is presented first
- Order of witnesses / Direct & Cross Examinations
- Expert witnesses
- Introduction of Exhibits
- Closing arguments
- Attorney-Client Privilege
- Fiduciaries and Successor Fiduciaries
- Moeller v. Superior Court
- Wells Fargo Bank v. Superior Court
- Eddy v. Fields
- Borissoff v. Taylor & Faust
- Holder of privilege after death
- Evidence Code §§ 953-54.
- Evidence Code § 957.
- Evidence Code § 958.
- Evidence Code § 959.
- Evidence Code § 960.
- Evidence Code § 961.
Getting Paid: Attorneys’ Fees and Petitions
Basic Outline of Matters
- Trust Administration/ Litigation
- Special Needs Trusts
- Power of Attorney
Accounting and Asset Management
Investment Standards and Rules
Professional Fiduciaries Code of Ethics – Title 16, Division 41, Article 4, California Code of Regulations
Protecting Yourself from Liability
- Petition for Instructions
Neutrality and Role of the Professional Fiduciary
- Communications with outside parties
- Dealing with difficult clients
- Interacting with PVP attorneys and other parties
- Courtroom Do’s and Don’ts
Establishing and Growing a Fiduciary Practice
- Forms and formats
- Internal systems
- Choosing the right clients and how to evaluate cases
- Choosing the right representation
- When to get out of a matter
Billing and Petitions for Fees
Top 10 Things that Happen In Absence of an (Appropriate) Estate Plan (1 hour)
- Beneficiary designations
- Transfers by operation of law
- Small probate
- Spousal property petition
Top 10 Things to Know About Ancillary Documents (1 hour)
- POA – Statutory versus custom
- POA – Powers to amend and gift
- POA – immediately effective versus springing
- AHCD – Witness requirement
- AHCD – Multiple agents
- General Assignment versus “Schedule A”
- HIPAA – Compliance with statutory requirements
- Will – Guardianship nominations
- Will – non-provisions
- POA, Will and Trust – consistency of fiduciaries (limitation of corporate fiduciaries)
Top 10 Things to Know About Trusts (1 hour)
- Provisions concerning community property and separate property
- Common trust structures
- Formula clauses
- Personal effects
- Common distribution provisions
- Powers of appointment
- Fiduciary duties
- Incentive provisions
- No contest clauses
- Funding trusts (Steps to take)
Top 10 Things to Know About Advanced Estate Planning (2 hours)
- Planning primarily for asset protection
- Selecting assets to gift
- Concerns about gifting
- Basic gifting
- Non-trust gifting to minors
- Sales and promissory notes
- Common strategies involving trusts
- Dynasty trusts
- Trust protectors
- Charitable giving
Top 10 Things Planners Need to Know About Litigation (1 hour)
- Be aware of the context in which probate litigation will likely arise
- Avoid conflicts of interest
- Capacity concerns
- Administrative cost/complexity
- Failure to communicate/miscommunication during administration process
- Failure to com ply with instrument or code
- Notice requirements
- Fiduciary dutie s
- Estate Plan Changes – Amendments versus Amending and Restating
- Spendthrift clauses
- Waivers and exoneration
- Stale trusts (when subtrusts do not get funded)
A few attendee testimonials from each program are below:
The following testimonials are from our Estate Planning In-Depth program:
“Excellent. Very Satisfied.” – Laura Bartels, Esq.
“Excellent practical content and engaging presenters.” – Jenny Shin, Esq.
“Great handouts. I found the program to be very helpful and informative.” – Asha Lopez, Esq.
“Lots of great information for a new attorney, thank you. The detailed handout to follow along is a great tool for future use.” – Samuel R. Brown, Esq.
“Topical, practical, and I thoroughly enjoyed the Judge’s point of view on best practices from the bench.” – Jenny Shin, Esq.
“Very satisfied.” – Jackson Morgus, Esq.
“It was educational and as a fairly new probate litigator I learned some very valuable information. The handouts have been invaluable, and I am really glad to have that perk of participating in the webinar.” – Page Allinson, Esq.
“Clear and comprehensive, efficiently presented.” – Brian Beckwith, Esq.
“Comprehensive overview of the probate litigation process.” – Jackson Morgus, Esq.
“Loved the probate note section. Super helpful. I learned so much.” – Laura Bartels, Esq.
“Great.” – Josseph Hudack, Esq.
“Great presentation; great notes. I love that in the handout there were no slides with too much text…right to the good stuff, the notes.” – Edward Batista, Esq.
“The speakers were all great. Learned a lot, filled in a lot of gaps.” – Monica A. Mihell, Esq.
“Excellent! The pace was good-slow enough to take notes and fast enough to keep me engaged.” – Hillary Grosberg, Esq.
“All presenters clearly had the appropriate experience and clarified presentation by including specific examples from their practices. All presenters welcomed questions and fielded them appropriately and fully.” – Brian Beckwith, Esq.
“Practical information I can implement today – that’s what I was looking for.” – Jenny Shin, Esq.
“I liked the interaction among the speakers. All of them are extremely knowledgeable about probate and litigation involved. Hearing their views and hints and exchanges was very interesting.”
“The day again moved very smoothly and efficiently, and I appreciated how seamless it all was.” – Page Allinson, Esq.
The following testimonials are from our Probate Litigation 101 program:
“Excellent.” – Paul Miller, Esq.
“Totally satisfied. Highly relevant to my practice area.” Justin Otten, Esq.
“Excellent primer. Excellent faculty.” – Ruth Stoner Muzzin, Esq.
“I think it was great to have the insights of a judge.” – Ronda Dixon, Esq.
“Great overview. Speakers were all great!” – Ian Guthrie, Esq.
“Judge House was the best presenter because I loved her real-life, practical experience.” – Cheryl Nelson, Esq.
“Lauriann presented very useful material. Very entertaining speaker. Robert is awesome. Judge House is a really good speaker with great stories.” – William Benz, Esq.
“This was well done.” – Diane Herring-Ysaguirre, Esq.
“I really enjoyed the dialogue between panelist Judge House and Ms. Wright. Similarly, I liked the panelist discussion between Ms. Bergman and Mr. Saenz.” – Tracy T. Woo, Esq.
“Ethics session was very well done. I enjoyed the hypotheticals.”
“Thank you.” – Phuong Kim Nguyen, Esq.
“Mr. Saenz was enlightening. Mr. Herbert was well-organized, a good speaker with great advice. Ms. Wright is always great! Animated, interesting, practical and generous with forms. Judge House is always great! She’s personable, practical and knowledgeable, and her delivery is well-organized.”
“Great refresher course – highlighted items/issues not used often.”
“The program was very good.”
“It was a really good program.”
The following testimonials are from our Protecting Your Clients’ Assets program:
“Bruce Givner gave great innovative techniques for using exemptions under California law…Jay Adkisson was very knowledgeable about techniques that work and those that don’t…[and the] drafting of laws…Adrian Taylor was [experienced with] Cook Island laws…David Berardo was excellent [in describing] ethical, civil, and criminal risks of asset protection. [He gave] great advice to lawyers on how to protect themeselves!” Christine C. Weiner, Esq.
“Excellent. Thank you. Your table of contents covered what I wanted…very good seminar on the subject matter [with] excellent materials and excellent speeches. I wish it was two days.” – Arthur A. Graves III, Esq.
“Excellent speaker [who] kept the audience engaged…Excellent communication by the Pincus staff ahead of time.” – Danielle Barger, Esq.
“This was an excellent program…Thank you!”
“Very, very informative. Great seminar!!!”
“Overall, very well presented…important topic.”
“All speakers were great!”
The following testimonials are from our Professional Fiduciaries: The Nuts and Bolts program:
“Seminar was excellent; among the best that I have attended in my career.” – Jeff Moore, CLPF
“Very good overview and practical application of the practice.“ – Camille Boursiquot, CLPF
“As a nuts and bolts presentation, this was very, very good. “ – Lisa MacCarley, Esq.
“All good topics.” – Sam Thomas, Professional Fiduciary
“Very well done – thanks!” – Arthur Brown, Esq.
“This meeting helped me to understand the basics of being a fiduciary.” – Jacob Averett
“I learned a lot on all of the topics presented. Panel was excellent. The opportunity to hear from a sitting judge was excellent. Seminar was excellent. Among the best that I have attended in my career (formerly banking now fiduciary).”
“Speaker Judge Stratton gave me a lot of insight. I liked all the speakers and the topics.”
The following testimonials are from our Comprehensive Estate Planning program:
“More than satisfied – I feel I learned more than expected.” Kelly McGrane-Irwin, Esq.
“Very qualified and knowledgeable presenters!” Stanley Southwick, Esq.
“I always like hearing examples from their practices.”
Please see the individual course pages for the list of faculty at each program.
Save $775 on this package today!
Audio Recording and Materials Packages (six programs total): Download format: $999
Audio Recording and Materials Packages (six programs total): CD format $999, plus $8.50 shipping and, in CA, sales tax.
(The total cost of purchasing each seminar separately would $1774!)
This program is available for both Self-Study and Participatory CLE.*
CA General: This program bundle (all seminars combined) is approved for 31.5 units of general CLE in California.
CA Ethics: This program bundle (all seminars combined) includes 1.25 units of ethics credit in California.
Self-Study CA Certified Legal Specialist: This program bundle (all seminars combined) is approved for 29.5 units of Self-Study Certified Legal Specialist CLE in California in Estate Planning, Trust and Probate Law through five years after the course is held.
Participatory CA Certified Legal Specialist: This program bundle (all seminars combined) may be approved for 29.5 units of Participatory Certified Legal Specialist CLE in California in Estate Planning, Trust and Probate Law. ParticipatoryCertified Legal Specialist CLE Credit expires two years after a program is held. Check each program for expiration dates.
*Participatory CLE: For those states that make a distinction between self-study and Participatory CLE (CA, IL, NY), please write down the Verification Codes read out during the program by speakers or our announcer and email them to us at firstname.lastname@example.org and we will issue your Participatory CLE certificate.
Self-Study CLE certificates are already included in your recorded package, in the “Materials” Folder.
This program is approved for CLE in the states 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.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.