Professional Fiduciaries: The Nuts and Bolts (CA)
Audio program! (check our CLE Programs page for live versions)
Professional Fiduciaries: The Nuts and Bolts – offers an in-depth discussion of the legal and practical issues important to a Fiduciary.
- Court cases where professional fiduciaries are commonly appointed
- Employing caregivers and compliance with state regulations
- Investment standards and rules for professional fiduciaries
- Protecting fiduciaries from liability
- Ethical rules governing the profession and their application to everyday situations
- Billing practices and fees petitions for matters under Court supervision
- Forms and procedures
- Neutrality in multi-party matters
- How to best grow your practice and avoid common pitfalls
- Accounting and recordkeeping practices
Our faculty includes a diverse group of respected professionals, including a sitting judge, successful fiduciaries, attorneys who represent those fiduciaries, and financial advisors with expertise in fiduciary investment standards.
The program recording date is March 9, 2018.
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What You Will Learn
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
“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.”
Hon. Maria Stratton
Los Angeles County Superior Court
Judge Stratton received her BA magna cum laude from the University of Southern California and her law degree from Boalt Hall School of Law. She served as a law clerk for the Honorable Harry Pregerson at both the U.S. District Court and U.S. Circuit Court. In 1981, Judge Stratton joined the Office of the Federal Public Defender in Los Angeles as a deputy federal public defender. In 1985, she joined Talcott, Lightfoot, Vandevelde, Woehrle and Sadowsky, where she practiced civil and criminal litigation until 1993 when the Ninth Circuit Court of Appeals appointed her Federal Public Defender for the Central District of California. In 2006 Governor Arnold Schwarzenegger appointed her to the Los Angeles County Superior Court. Her assignments on the Superior Court have included misdemeanor trials, Proposition 36 court, drug court, preliminary hearings, limited and unlimited civil, probate, and mental health. From 2015 through 2016, she was Supervising Judge of the Probate and Mental Health Departments of the Superior Court and she is a former Assistant Supervising Judge of the Van Nuys branch of the court and of the court’s criminal division. She currently serves on the Judicial Council’s Probate Curriculum Committee and Probate and Mental Health Advisory Committee.
In 2016, Judge Stratton received the Ernestine Stalhut Award, the highest award given by Women Lawyers Association of Los Angeles, for her outstanding character, dedication to service and significant contributions to the cause of justice. In 2005 and 2004, the Los Angeles Daily Journal named Judge Stratton among the "Top 75 Women Litigators" and “Top 50 Women Litigators,” respectively. In 2003 she received the Morton Herbert Service Award from the Criminal Courts Bar Association in Los Angeles. She was also named 2001 Defense Attorney of the Year by the Los Angeles County Bar Association’s Criminal Justice Section and is a recipient of the State Bar Commendation for Delivery of Pro Bono Services and Wiley W. Manual Award for Pro Bono Legal Services. She is a founding member of the Los Angeles Criminal Justice American Inn of Court.
Judge Stratton is married to former law school classmate, Stephen B. Sadowsky. They have three children, Elena, Jacob, and Lily.
Yevgeny L. Belous, Esq.
Yevgeny L. Belous was born in 1983 in Kiev, Ukraine. He is fluent in Russian. He graduated in 2005 from the University of California Santa Cruz, majoring in Economics and Business Management. Mr. Belous completed his J.D. from Thomas Cooley Law School in 2009, and was admitted to the State Bar of California in 2009. In Law school, he was a senior intern at the Sixty Plus Elder Law Clinic, which exposed him to a wide variety of legal issues facing the elderly. Since becoming an attorney, he has continued upon this path practicing exclusively in the areas of trusts and estates, conservatorships, guardianships, and probate litigation.
Certified Public Accountant
Raimondo Pettit Group
Erin Fukuto, Certified Public Accountant, heads Raimondo Pettit Group’s estate, gift, and trust services with offices in Irvine and Torrance. She specializes in income tax and estate planning with an emphasis on minimizing taxes, increasing corporate profits and individual net worth, and helping not-for-profit organizations maintain their tax exempt status.
Erin has over 20 years of experience in public accounting providing tax compliance services and consulting for high net worth individuals, closely held businesses and not-for-profit organizations. Erin graduated from USC with a B.S. in Accounting and completed her Masters’ Degree at Golden Gate University. Along with being a board member on the Orange County Estate Planning Council, she is the former Chairman of Orange County/Long Beach Estate Planning Interest Group, Member of the CalCPA State Estate Planning Committee, and member of the Society of Trust and Estate Practitioners. Additionally, Erin is a founding member and officer of the Orange County Chapter of Advisors in Philanthropy and a member of the Professional Advisory Council for Children’s Hospital of Orange County.
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.
Aaron Jacobs, CLPF
Aaron Jacobs is a California Licensed Professional Fiduciary and owner of Sentry Services. Aaron founded his company in 2015 after working for some of the most experienced fiduciaries in Southern California. Aaron specializes in assisting his clients as trustee, successor trustee, conservator, power of attorney, and guardian, as needed.
He has built his reputation in Pasadena and throughout the Southern California area through caring, discrete work with families in need of a trusted agent to act on their behalf. Mr. Jacobs has handles the management of complex estates as an administrator. He provides his clients and their beneficiaries with the comfort of knowing that a fair and transparent distribution of assets will take place. He currently acts as trustee and successor trustee for many large private, court supervised, and special needs trusts. In this role he prudently manages the assets and affairs of the trustor in accordance with their estate plans. Additionally, Mr. Jacobs works with attorneys and the courts as a Conservator, both for the person and the estate.
Mr. Jacobs speaks at events throughout Southern California, educating attorneys and affiliated professionals on the benefits of using a professional fiduciary in estate planning. Aaron Jacobs is the co-president of the Professional Fiduciaries Association of California’s San Gabriel Valley Chapter.
Aaron holds degrees in business and economics from California State University, Los Angeles. Prior to practicing in his chosen profession, Aaron spent nearly two decades running a successful manufacturing & import business. Aaron holds certificates in Fiduciary Management for Trustees and Fiduciary Management for Conservators from California State University, Fullerton.
David Kim, Esq.
Wright Kim Douglas
David Kim, Managing Partner of Wright Kim Douglas, is an experienced litigator with an extensive business and real estate background, and handles exclusively probate and trust matters, both litigated and non-litigated.
Mr. Kim has successfully conducted several notable trials involving probate and trust disputes on behalf of Private Professional Fiduciaries and individuals. He also counsels clients in all phases of trust administration, conservatorships and probate matters.
Prior to practicing law, Mr. Kim’s background and experience was mainly in real estate finance, working for Comerica Bank, California Federal Bank, and the Irvine Company. He has been an active licensed broker for more than 25 years and has transacted numerous investment properties throughout California.
Since graduating from law school, Mr. Kim has obtained over a decade of legal and management government experience. His prior government experience included working at the Orange County District Attorney’s Office, and various Los Angeles County departments, including: the District Attorney’s Office, Child Support Services (CSS), Department of Beaches & Harbor, Department of Children & Family Services, Office of Affirmative Action Compliance (OAAC), and Department of Human Resources (DHR).
During his tenure at the District Attorney’s office and CSS, Mr. Kim honed his trial skills by conducting numerous preliminary hearings, bench and jury trials. Mr. Kim is comfortable in a courtroom and is an experienced passionate trial advocate. During Mr. Kim’s last three years at Los Angeles County, he was the Risk Manager at the OAAC and DHR responsible for overseeing all aspects of Title VII (Federal) and FEHA (State) litigation involving a workforce of over 100,000 government employees within 37 County departments. Mr. Kim was directly responsible for assessing numerous high risk claims against the County, working with the Board of Supervisors to reduce the County’s potential exposure. Mr. Kim is experienced in assessing the strengths and weaknesses of claims, determining which ones should be settled and which claims should instead go to trial.
Mr. Kim serves on several non-profit boards, including as an Executive Board Member and Head of the Scholarship Committee at the California Association of Equal Rights Professionals, which is a collaboration of local, state and federal government agencies in furtherance of fostering equal rights and equal access to education and employment opportunities. He is also a Board Member at the YMCA of the Foothills providing youth development, healthy living and social responsibility. Lastly, Mr. Kim also serves on the Executive Committee at the National Advocates Top 100 Lawyers.
Mr. Kim received his Bachelor of Science from the University of Southern California, with an emphasis in Real Property and Development Finance and his Juris Doctorate from Western State University. During law school, he received the American Jurisprudence Bancroft-Whitney Award for being top in his class for Legal Research and Writing. Mr. Kim was also within the top 5% of his class for both Trial and Advanced Trial Practice.
Mr. Kim is admitted and certified to practice before all courts in the State of California, the United States Federal District Court for the Central District, Washington D.C., and United States Tax Court.
Senior Financial Advisor
Merrill Lynch, Pierce Fenner and Smith, Incorporated
Scott MacDonald is the founder and leader of the Special Needs Team at Merrill Lynch, a group of Financial Advisors and Client Associates dedicated to enhancing the long-term well-being of special-needs, disabled and elderly individuals. Scott joined Merrill Lynch in 1987 and has spent his entire career addressing the unique needs of society’s most vulnerable members.
Passionate about his work, Scott is a recognized authority on wealth planning and investment management for Special Needs Trusts and other court-supervised trusts, as well as probate investing for Conservatorships and Guardianships. He offers extensive knowledge of California Probate Code restrictions on investments, as well as the terms of the Uniform Prudent Investor Act. Scott facilitates close collaboration with attorneys, caregivers, trustees, fiduciaries, benefits counselors, and other professionals. A regular lecturer and media contributor, he is the author of numerous articles and publications related to special-needs and elder financial strategy.
Scott earned his B.S. in Finance and his B.A. in Economics with Honors from the California State University system. He is the recipient of the prestigious David Brady award, bestowed upon the Merrill Lynch employee who goes beyond expectations in his dedication to clients.
Jeffrey Marvan, Esq.
Marvan Law APC
Jeff Marvan has been practicing law in the State of California since 1999. After graduating from UC Davis, King Hall School of Law, he began his legal career as a public defender in Northern California. As a public defender, Jeff was in court everyday, arguing on behalf of his clients. He engaged in dozens of jury trials and hundreds of contested hearings. Jeff proved himself to be both a fearless advocate and a compassionate counselor.
Through his experience as a public defender, Jeff developed a deep understanding of the California judicial system. He is at home in the courtroom and conveys a steady confidence and sincere demeanor to both judges and juries. Jeff’s experience in the adversarial court system is a valuable asset if and when cases become litigious.
Over the past three years, Jeff has continued to practice private criminal defense, but has also expanded his legal expertise to estate planning, trust/probate administration, trust/probate litigation, and conservatorship law. Jeff has proven himself to be a highly skilled estate planning attorney. His approach is patient, empathetic, and detail oriented, and he has helped his clients plan for an economically advantageous estate.
Jeff also has extensive experience helping clients navigate the complexities of being an administrator/trustee of a friend or family member’s estate. Clients have consistently commented on Jeff’s compassion and support during these emotionally trying times.
Jeff’s experience as a criminal defense litigator translates quite well into the probate/trust litigation sector. He has proven to be both an effective negotiator and, when necessary, a ferocious litigator to secure his clients’ interests.
Jeff is an active member of the State Bar of California, Los Angeles County Bar Association, Beverly Hills Bar Association, California Public Defenders Association, and LACBA Barristers Domestic Violence Project.
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.
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The program recording date is March 9, 2018.
CA General: This program is approved for 7.5 units of general CLE in California.
CA Legal Specialist CLE in Estate Planning, Trust and Probate Law: 5.5.
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.
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