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* Advanced Estate Planning Bundle (CA) *
Audio program! (check our CLE Programs page for live versions)
Our Advanced Estate Planning Bundle combines four 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 rules in California, beginner through advanced level, this bundle is a great addition to your library! Save $550 by ordering the audio bundle today!
You’ll learn various strategies and options in estate planning, ethical considerations, the advantages and disadvantages of naming corporate trustees or private professional fiduciaries as administrators, and how to handle estate planning for non-U.S. residents with U.S. connections. These programs also cover asset protection for businesses, probate litigation, contesting a will, removal of fiduciaries, elder abuse, conservatorship, ancillary documents, gifts, waivers and stale trusts and much more. The detailed agendas can be found by following the link for each seminar below or going to the “What You Will Learn” tab below.
(Please click on the program links below to learn the details about each individual seminar)
This bundle includes the following programs:
Order now and save $550 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, 2015: California Estate Planning Bundle.
These programs are all approved for Certified Legal Specialist credits in Estate Planning, Wills and Trusts and some portion of them are also approved for Certified Legal Specialist credits in Taxation Law.
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What You Will Learn
All four summaries are below (each program title is in red).
Estate Planning In Depth – Litigation, Counseling, Trusts, Taxes, and More
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)
Protecting Your Client’s Assets: Your Legal and Strategic Options
- 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
Probate Litigation 101: Nuts and Bolts
Procedure & Timelines
- Statutory deadlines
- Local Rules
- Ex-Parte Motions
- Citation and Summonses
- Do’s and Don’ts
Statute of Limitations
- Civil discovery procedures apply
- Probate specific discovery procedures
- Fortham v. Boyer
- Mota v. Superior Court
- Subpoenaing Records
Capacity & Undue Influence
- Presumption of Capacity
- Probate Code §§ 810-12
- Estate of Fritschi
- Capacity to execute trust
- Capacity to execute will
- Conservatorships (functional capacity)
- WIC § 15610.70
- Burden of proof
- Estate of Truckenmeiller
- Elements to establish undue influence
- Presumption of Undue Influence – Burden shifting
- Rebutting Presumption of Undue Influence
Types of Actions & Issues:
- Trust contests
- Will contests / revocation or probate
- Contract to make a will
Types of Actions & Issues:
Removal of Fiduciaries and Accounting Litigation
- Appointment of temporary trustee
- Probate Code § 17206
- Probate Code § 15642(e)
- Strategy re proposing neutral PPF
- Real property – recording interim order
- Accounting Litigation
Types of Actions & Issues:
- Contested Conservatorships
- Substituted judgment petitions – Probate Code 2580
- Representing clients with limited capacity
Types of Actions & Issues:
- Statute of limitations
- Real property – lis pendens.
- 859 Damages
Types of Actions & Issues:
Financial Elder Abuse
- WIC § 15610.3
- WIC § 15657.5.
- Perlin v. Fountain View Mgmt., Inc.
- Probate Code § 859 – double damages
Types of Actions & Issues:
Prohibited Donees – Probate Code § 21380
Types of Actions & Issues:
Pre-litigation mediation and settlement
- Petitions to Approve Settlement
- Demand letter, draft of unfiled petition, offer to mediate
Trials and Evidence
- Final status conference
- Trial prep
- Pre-trial deadlines
- Trial briefs
- Evidentiary issues
- Motions in limine
- Excluding witnesses
- Order of trial
- Attorney-Client Privilege
- Fiduciaries and Successor Fiduciaries
- Holder of privilege after death
Comprehensive Estate Planning Program: The Top 10 Things You Need to Know
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)
The following testimonials are from our Estate Planning In-Depth program:
“I am very satisfied. I was really looking an advanced estate planning class and I was really happy I attended.” – Elizabeth Roberson, Esq.
“Very good conference covering relevant topics with strong but accessible speakers.” – Garrett Barlow, Esq.
“This program had a good balance of drafting, litigation, and tax.” – Kate Henderson, Esq.
“All presenters did a very good job.” – Philip M. Flanigan, Esq.
“Very satisfied, answered questions, panel very responsive.” – Frances L. Martin, Esq.
“All speakers were well-prepared and excellent.”
The following testimonials are from our Probate Litigation 101 program:
“The book really was like a goldmine of information…This was a fantastic program, very complete and very substantive. Great panel with great information. I learned a lot which I know will help my practice.” – Steven A. Friedman, Esq.
“Enjoyed the program. Learned a great deal of material…comments from the bench are always helpful.” – Tom Borchard, Esq.
“My goal was a brief overview of Probate Litigation, with some helpful practice takeaways – both were accomplished!” – Abigail McLaughlin, Esq.
“There were certain areas I had not considered before, but which will be helpful for [practicing in] both L.A. County and Orange County.” – Austin Borchard, Esq.
“[Speakers] All were super knowledgeable and practical…Learned a few very important nuggets to keep me malpractice free.” – Elizabeth Vozzella, Esq.
“Well-organized…very informative. Good Q&A.” – David Kim, Esq.
“I really enjoyed the content. It appeals to new probate attorneys, attorneys new to litigation, and is a refresher for those who are more experienced.” – Savannah Estenson, Esq.
“Great presentation! Very relevant…great panel. Thank you!” – Marta N. Jonsson, Esq.
“Loved [Lauriann Wright’s] real-life case experience and practice tips. She was so helpful.” – Jill Piano, Esq.
“All speakers were clear, informative, organized, and engaging. Fantastic panel. Thank you! Content was…incredibly relevant and informative. [The] speakers paced through the amount of information well without sacrificing quality. I am a new practitioner and I appreciate the overview of each topic. Each speaker clarified many practical issues (not just probate concepts): e.g., filing petitions, considering how to handle difficult clients and/or court appearances. Well-organized event. Thank you! I look forward to taking part in more CLE events with Pincus.”
“I just started in probate law and this was a wonderfully informative program, and provides a great overview.”
“The program overall was exceptional. The thoroughness of what was covered in the time constraint of one day was well done.”
“Excellent presentations. [Speakers] were great…[Judge Thornton was] an excellent, engaging speaker and I felt lucky to have such an experienced judge teaching us…Excellent materials.”
“Great program. Appreciated the focus on practical ‘how-to’.”
“Great opportunity for insight from a sitting judge. Thanks for the tips! …Very intensive course with great depth. Covered a lot of smaller issues, and the insight into these, and lesser-known tricks and tips, was great.”
“Really appreciated the [judge’s] intro and big picture overview at the beginning. Appreciated [Edgar Saenz’s] cheat sheets.”
“Having Judge House was great!”
“[Lauriann Wright was] very knowledgeable as to litigation and providing case examples to cover points… [Marshal Oldman] Thanks for sharing witness tips!”
“The handout materials are great.”
“Really good [handouts].”
“I found it very helpful to have the judge’s perspective… [The] materials are very useful.”
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.”
“[Speakers] All were great!”
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 $550 on this package today!
Audio Recording and Materials Packages (six programs total): Download format: $1150
Audio Recording and Materials Packages (six programs total): CD format $1150, plus $7.50 shipping and, in CA, sales tax.
(The total cost of purchasing each seminar separately, including taxes and shipping, would $1700!)
CA General: This program bundle (all seminars combined) is approved for 28.5 units of general CLE in California.
CA CPE: 7.2 units
CA Ethics: This program bundle (all seminars combined) includes 0.75 units of ethics credit in California.
CA Certified Legal Specialist: This program bundle (all seminars combined) is approved for 28.5 units of Certified Legal Specialist CLE in California in Estate Planning, Trust and Probate Law as follows:
- The Comprehensive Estate Planning Program includes 5.0 hrs in Subfield B (Estate Planning), and 1.0 hrs Subfield E (Litigation Related to Other Categories).
This program bundle (all seminars combined) is approved for 7.25 units of Legal Specialization Credit in Taxation Law as follows:
- The Estate Planning In-Depth program includes 1.0 hour in Subfield D (Real Estate Income Tax) and 1.5 hours in Subfield H (Estate, Gift Tax and Estate Planning).
- The Protecting Your Client’s Assets program includes 0.5 hour in Subfield C, 3.5 hours in Subfield H, and 0.75 hour in Subfield L.
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 $7.50 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.