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Trusts and Estates 101: Estate Planning from Start to Finish (CA)
Audio program! (check our CLE Programs page for live versions)
If you are just getting going with your estate planning practice, or need a strong refresher on various aspects of estate planing, this comprehensive estate planning program is for you.
This is a full day seminar focused on giving you a thorough overview of the critical areas of estate planning and the tasks and law you need to know to be a successful estate planning attorney.
Your faculty includes recently retired Probate Judge Mary Ann Thornton House and long time estate planning attorneys, including several Certified Legal Specialists in Estate, Trusts and Probate Law.
This beginner level seminar will walk you through the steps you need to know to successfully meet your client’s needs in your estate planning practice. The program will start with how you should handle the initial interview and what ethical considerations may arise.
Next, your instructors will walk you through the different types of wills you want to consider for your clients. After that your faculty will spend a great deal of time on the most important estate planning documents will create for your clients. This includes things like Revocable and irrevocable trusts, the common revocable trust structures and formula clauses. They’ll also speak about common distribution professions, Powers of Appointment, incentive provisions and strong no contest clauses.
After that, you’ll hear about fiduciaries as well as the different types of Power of Attorney and Advance Health Care Directives you must discuss with and help your clients choose. We’ll also cover your funding documents, such as deeds, funding letters, assignments, LLCs and Partnerships.
Lastly the faculty will cover the typical controversies that come up in estate planning related litigation and how to avoid them.
This in-depth program is designed to thoroughly immerse you in the critical areas of estate planning. You will learn the law and the practical skills you need to create these type of trusts for your clients.
Your faculty will provide lots of strategies and advice along the way. You’ll even hear from Judge Thornton House about her recommendations for successfully helping your clients and avoiding ending up in court. And advice about what to do if you do end up in court.
This program will be recorded live on March 14, 2019 in Los Angeles. The audio package, including seminar materials, will be available within two-three weeks after the live program date. CD and Download format available.
If you’d like to attend the program in person, please go here.
What You Will Learn
Intitial Interview – Ethical Considerations
- Identify clients
- Conflicts of interest
- Capacity concerns
- Independent vs. pour over
- Guardianship provisions
- Miscellaneous provisions
- Execution requirements
- Community property vs. separate property
- Personal Effects
- Revocable vs. irrevocable
- Dynasty trusts
- Common revocable trust structures
- “A” Trust Plan (Survivor’s Trust)
- “A” Trust Plan with Disclaimer (Survivor’s Trust with Disclaimer Trust)
- “AB” Trust Plan (Bypass Trust; Survivor’s Trust)
- “ABC” Trust Plan (Bypass Trust; Marital Trust; Survivor’s Trust)
- Clayton QTIPS
- Formula Clauses
- Pecuniary formula
- Fractional interest
- Post-mortem appreciation/depreciation
- Income tax issues
- Common distribution provisions
- Powers of appointment
- Incentive provisions
- No contest clauses
- Consistency of fiduciaries
- Other considerations
- Fiduciary duties of trustees
- Reporting requirements
- Waivers and exoneration
Powers of Attorney
- Immediate vs. springing
- Statutory vs. custom
- Powers to amend, revoke and gift
Advance Health Care Directives
- Statutory vs. custom
- Signature requirements
- Multiple agents
- HIPAA/CMIA – compliance with statutory requirements
- Funding letters
- LLCs, partnerships
- Stale trusts
Common Controversies and Litigation
- Fiduciary liability
- Attorney liability
The following testimonials are from our previous Estate Planning programs.
Probate Litigation 101 held in Los Angeles in 2017 (our March 14th 2019 program includes all of the same faculty as this Probate Litigation 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 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. The 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!”
“The handout materials are great.”
“Really good handouts.”
“I found it very helpful to have the judge’s perspective… The materials are very useful.”
Beti Tsai Bergman, Esq.
Beti Tsai Bergman is an attorney and counselor at law dedicated to serving her clients with judgment, courtesy, and diligence. She is an attorney, in good standing, licensed to practice law in the State of California. She was admitted to the CA State Bar in 1997.
Ms. Bergman is the principal shareholder of the law firm, Peninsula Law, A Professional Law Corporation, which specializes in probate, trusts, estates, conservatorships, and elder abuse. Ms.Bergman has extensive experience in representing conservators, trustees, and executors, as well as, heirs and beneficiaries in uncontested and contested trust and estate matters. Before specializing in probate, Ms. Bergman was a city attorney for Los Angeles and was a business litigator in private practice.
Ms. Bergman is certified by the California Board of Legal Specialization in estate planning, trust and probate law and has earned an Advocate Designation from the National Institute of Trial Advocacy.
Her speaking engagements include CEB live webcast on estate planning, panels discussing women in the law, mothers balancing career and family, starting your law practice, and preparing for advanced age healthcare and financial care.
Samuel Ingham III, Esq.
Mr. Ingham is a State Bar Certified Specialist in Estate Planning, Trust and Probate Law and has practiced extensively in this field since being admitted to the California Bar in 1975. In addition, he has been trained and qualified as a mediator by the Los Angeles County Bar Association and the Los Angeles County Superior Court.
Mr. Ingham’s practice is primarily devoted to conservatorships and trusts, regularly representing banks and licensed professional fiduciaries as well as individuals. He has appeared in more than 700 court proceedings.
Mr. Ingham is a co-author of two leading practice books published by California Continuing Education of the Bar (CEB) and teaches regularly on issues involving trusts, estates and protective proceedings. He is presently serving his third term on the Executive Committee of the Trusts and Estates Section of the Los Angeles County Bar Association and is currently a member of its Court Liaison Subcommittee.
Mr. Ingham received his B.A. in Latin (summa cum laude) from the University of California, Irvine and his J.D. from the UCLA School of Law. His offices are in Downtown Los Angeles.
David Rice, Esq.
Managing Partner & Founder, Certified Specialist in Taxation
The Law Office of David Lee Rice
Mr. Rice has been in private practice since November 1979 as a tax professional. Prior to law school, Mr. Rice worked for the accounting firm of Coopers & Lybrand. Mr. Rice is the sole proprietor of the law firm of David Lee Rice, APLC, rated AV by Martindale & Hubbell, and is one of Los Angeles Magazine’s Super Lawyers for 2006-2015. Currently, Mr. Rice is in charge of the Tax Program at Cal Poly Pomona. Mr. Rice has taught on the Masters of Taxation Program at California State University at Northridge and Golden Gate University, as well as many courses at the University of West Los Angeles School of Law.
Mr. Rice is a Certified Specialist in Taxation with the State Bar of California and is also a Certified Elder Law Specialist in Elder Law.
Mr. Rice has published numerous articles, which have been published in the Tax Developments Journal, Journal of Tax Practice and Procedure, Journal of Taxation, the Estate Planning Journal, Practicing Law Institute, University of Southern California Tax Institute, UCLA Tax Institute, California Tax Lawyer, Los Angeles Lawyer, Association of Certified Family Law Specialists, the Daily Journal and Tax Notes.
He has drafted numerous papers for presentations to the IRS and Treasury concerning substantive changes to the Tax Code and the Treasury Regulations thereunder and has testified before the IRS, Department of Treasury, House Ways and Means Committee and Senate Finance Committee.
Mr. Rice has also lectured before the Internal Revenue Service, USC Tax Institute, Annual UCLA Tax Institute, American Bar Association, Annual Meeting of the California Tax Bar and California Tax Policy Conference, HELP, South Bay Bar Association, Beverly Hills Bar Association, Loyola Law School, California Society of CPAs, Orange County Society of CPAs, Estate Planning Counsels of Los Angeles, South Bay and San Fernando, Dean Whittier, Jewish Federation Council, Anti-Defamation League, Kaiser Permanente, Miller & Company, California State Bar Educational Institute, Annual California State Bar Meetings, the Los Angeles County Bar Association, COSMA, and before various Elder Care Groups sponsored with the Los Angeles County Bar Association in conjunction with the Los Angeles County Board of Supervisors.
Mr. Rice is the former Chair to the Individual and Family Income Tax Section of the American Bar Association, the State Bar Income Tax Committee, the Los Angeles County Bar Association Committee on Procedure and Litigation, and the State Bar Committee on Procedure and Litigation.
He is also the former Commissioner and Chair of the Board of Legal Specialization Committee of the State Bar on Taxation. He is the former Chair of the Tax Section of the Beverly Hills Bar Association, and the Executive Committee of the Los Angeles County Bar Association’s Tax Section. He is a member of the following additional associations: The Planning Committee for the UCLA Tax Institute, the Planning Committee for California State University Polytechnic Pomona Tax Institute, the National Academy of Elder Law Attorneys, the California Advocates for Nursing Home Reform, the Beverly Hills Bar Association, the Los Angeles County Bar Association, South Bay Bar Association and the South Bay Estate Planning Council. He is the former Director on the Board of Directors of the Fibromyalgia Treatment Center, the Wellness Center in Redondo Beach, CA, and Former Trustee of the Board of Trustees of the University of West Los Angeles Law School.
Edgar Saenz, Esq.
Edgar Saenz is a Los Angeles estate planning attorney and graduate of Stanford Law School. He is a member of several bar trust and estate sections. He serves on numerous community and professional boards, including past president of the Westchester Rotary Club (2013-2014) board member of the LAX Area Chamber of Commerce. Edgar is rated AV by Martindale Hubbell.
Edgar has performed pro bono legal services for the Los Angeles Center for Law and Justice and other nonprofits.
He has been a judge pro tem with the Los Angeles County Superior Court.
Lauriann Wright, Esq.
Wright Kim Douglas ALC
Lauriann Wright is an experienced probate litigator and estate planner located in Glendale California. For over 20 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. She has been named as a Southern California Super Lawyer in Trust and Estate Litigation for five consecutive years, from 2012 through 2016. For 2016, she will also be listed as one of "The Best Lawyers in America" in Litigation by Best Lawyers. She was recently named as a member of the National Advocates: Top 100 of Wills, Trust, and Estates Lawyers.
Ms. 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. She has also served as a fiduciary herself through court appointments as a receiver for real property, guardian ad litem, and trustee. Ms. 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 Probate Volunteer Panel as well as the Trusts and Estates Sections of the State Bar and the Los Angeles County Bar. Ms. Wright has completed and continues to participate in substantial continuing legal education course work in specialized probate law topics.
Four key qualities make Ms. 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, Ms. 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. Her practice focuses on business and probate litigation. 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. Ms. Wright also consults and advises corporate clients on litigation, real estate, and business matters and drafts agreements. 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.
Ms. 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. Ms. 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.
Purchase by January 21st for the Early Bird rate!
Audio Recording & Materials Package – CD or Download format: $425
Early Bird Pricing $399
For CDs please add $7.50 shipping and, in CA, sales tax.
(Audio packages are available approximately two to three weeks after the seminar is held.)
CA General: This program is approved for 6.5 units of general CLE in California.
CA Certified Legal Specialist: This program is approved for 6.5 units of Certified Legal Specialization Credit in Estate Planning, Trust and Probate Law.
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.