Trust and Estate Planning 101: The Nuts and Bolts (FL) [Two-Part Webinar] (Recorded Package)

What You Will Learn

Part 1 Topics

Wills

• Standalone v. Pourover
• Guardianship Provisions
• Dispositive Provisions (outright or held in further trust)
• Charitable Beneficiaries
• Miscellaneous Provisions (Minors Trusts, Substance Abuse Provisions)
• Contingent Supplemental Needs Trust Provisions
• Qualified Supplemental Needs Trust Provisions in Satisfaction of the Elective Share
• No Contest Clauses
• Execution Requirements

Anatomy of a Revocable Trust

• Ownership information
• Right to revoke and other rights reserved
• What happens in case of incapacity?
• Administration after death
• Restraint on Alienation
• Provisions relating to trusteeship
• Powers of the trustee and limitations
• Construction
• Successor trustee
• Trustee compensation

Take Your Revocable Trust to the Next Level

• Contingent Trusts
• Pet Trusts
• Trusts for Beneficiaries with Substance Abuse Issues
• Retirement Benefits Trusts

Part 2 Topics

Special Needs Trusts

• The basic principles of Special Needs Trusts (SNT’s)
• The different types of SNT’s – First Party and Third Party
• Drafting tips for the different types of SNT’s
• Common mistakes and pitfalls in drafting and administering SNT’s

Advance Directives

• New legislation re: Durable Powers of Attorney (DPOA) and filing a Petition for Injunction Against Exploitation
• Florida recognized advance directives for personal and health care
• Advance directive for financial and property decisions
• Legal requirements for execution
• Legal capacity requirements for execution
• When each document is triggered for use
• Health Care Surrogate (HCS) or Living Will (LW) limitations and allowances
• DPOA special requirements for “super powers”
• What happens when no HCS, LW, DPOA, or Pre-need guardian designation exists

Testimonials

“This was one of the better online programs. The speakers were very good. The sessions provided very good content and the speakers are active practitioners who also responded well to the questions presented. This was a very good program. I appreciated it even more because the presenters were Florida-based, which is where I practice. I have attended other webinars in this subject area, but I found it hard to connect with the out-of-state presenters. Your program provided very useful information.” – Hubert L. Grimes, Esq. / Retired Circuit Judge from Volusia County, Florida

“Very satisfied. I thought it was solid for getting the basics of estate planning.”  – Mitchell Fox, Esq.

“Excellent information regarding special needs trusts and how they work. Also excellent information regarding ancillary documents.” – Claire Waters, Esq.

“I learned a lot which will help me to better serve clients. Well-organized and clear presentation of many related planning tools with attention focused on advantages and uses to clients as well as lawyer pitfalls and changes to law.” – Andrew Mark Teschner, Esq.

“I appreciated the practical examples, statutory support and sample documents given. These will be useful in working with my clients. The program was the right length of time and was spread out over the two days, which worked well for my schedule.” – Hubert L. Grimes, Esq. / Retired Circuit Judge from Volusia County, Florida

“I learned a few new items and I really liked the situations and explanations that Mary gave. Loved the examples that she used. She was very knowledgeable.”– Kyle Jesse, Esq.

“I found it informative and appreciate the samples provided.” – Claire R. Waters, Esq.

“The speakers were knowledgeable and the lectures were useful.” – Andrew Mark Teschner, Esq.

“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. The seminar handbook really was like a goldmine of information. ” – Steven A. Friedman, Esq.

“It was excellent – very helpful to me as someone just starting out in this area of law.” – Gabrielle J. Korte, 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.

“Excellent. Very Satisfied.” – Laura Bartels, Esq.

“Speakers were super knowledgeable and practical. Learned a few very important nuggets to keep me malpractice free.” – Elizabeth Vozzella, Esq.

“Very satisfied.” – Jackson Morgus, Esq.

“Great. Very informative.”

“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.

“Great handouts. I found the program to be very helpful and informative.” – Asha Lopez, 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.

“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.

“This was well done.” – Diane Herring-Ysaguirre, 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.

“My goal was a brief overview of Probate Litigation, with some helpful practice takeaways – both were accomplished!” – Abigail McLaughlin, Esq.

“Well-organized. Very informative. Good Q&A.” – David Kim, Esq.

“Enjoyed the program. Learned a great deal of material…comments from the bench are always helpful.” – Tom Borchard, 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.

“Great presentation! Very relevant. Great panel. Thank you!” – Marta N. Jonsson, 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.

“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.”

“Loved Lauriann Wright’s real-life case experience and practice tips. She was so helpful.” – Jill Piano, 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.“Great program.

“Appreciated the focus on practical ‘how-to’.”

“Good refresher with some new information added. Advanced direction session was very comprehensive for a 101-level class.”

“The speakers seemed very well informed. Very satisfied. Covered a lot of topics. The seminar was done very well.”

“Enjoyed the program and thanks for the handouts.”

“Great program. Speakers are very thorough.”

“It was very informative and answered many questions I had regarding Trusts.”

“Gave insight to using trusts at appropriate times.”

“I thought the content was good. It answered most of the questions that I had coming into the course.”

“Excellent speakers.”

“It was a wonderful program. The presentations were very clear, and the materials provided are extremely helpful.”

“Very satisfied. New information and good refresher information.”

“Excellent presentations. Very knowledgeable speaker. Great substantive information and materials.”

“Very satisfied. Very thorough. Detailed with useful samples and handouts.”

“Program was a good introductory presentation to wills and trusts.”

“Very good.”

“It was very helpful and well presented.”

“It was informative.”

“I really enjoyed the program. I think that it did a good job of covering the basics.”

“Excellent speakers and materials.”

“All of the speakers were excellent. Top notch. Outline is a terrific resource.”

“I thought these speakers were well-informed and excellent.”

“The speakers are excellent. Part of my practice is in this area of law. The areas I know were well presented and I also learned new things. I like the lists of the SOL and the statutes with summaries in the written materials. I will use that later for reference.”

“Excellent. These folks know their material.”

“Excellent. Just what I needed as a first-year associate in a trust and estates litigation firm.”

“Informative, right level of detail—appreciate that the handouts have more detail than the slides/presentations. I have only been practicing probate for 1 year. For those concepts I am familiar with, it was a nice refresher. On those issues that haven’t arisen, it will help me issue spot.”

“I thought it was very helpful. Lots of good information and taught in clear and concise manner.”

“I appreciated the very hands-on information and checklist provided in this presentation. More than the other two days. A very practical walk-through is what I value most.”

“Some good practical examples provided in the handouts along with insights.”

“Topical, practical, and I thoroughly enjoyed the Judge’s point of view on best practices from the bench.”

“Great presentations and materials, thanks!”

“Great to have materials to refer to after this program.”

“Excellent material and presentations. I found the trials and evidence section to be particularly helpful.”

“Excellent overview, coverage, and material.”

“Really enjoying it so far. Really good information.”

“Presenters are knowledgeable.”

“Excellent.”

“Informative, especially the Evidence session.”

“Very good. Trial and evidence very informative.”

“Comprehensive overview of the probate litigation process.”

“Very good; clear and organized information.”

“Informative and useful information.”

“Very content rich.”

“Very well-done presentations. Clear and knowledgeable.”

“It was great. Great slides/handouts.”

“Great content.”

“Very informative. Learned new material and practice tips.”

“Practical information I can implement today – that’s what I was looking for.”

“Very well-executed.”

“I liked the probate note section – very useful.”

“I enjoyed the program and found it very informative.”

“Very informative and thorough.”

“This was good, particularly the conservatorship section.”

“I enjoyed it!”

“Very informative.”

“Very useful program. Love the hypos for ethics. Fantastic and practical.”

“Clear and comprehensive, efficiently presented.”

“Steller!”

“Good speakers.”

“Great program – thank you for answering my questions.”

“Very helpful.”

“Good topics. Good panel. A good refresher.”

“All really good.”

“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 refresher course – highlighted items/issues not used often.”

“Very satisfied.”

“Ethics session was very well done. I enjoyed the hypotheticals.”

“The program was very good.”

“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.”

“It was a really good program.”

“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. Thanks for sharing witness tips!”

“The handout materials are great.”

“I found it very helpful to have the judge’s perspective. The materials are very useful.”

“Excellent overview.”

Faculty

Travis D. Finchum, Esq.
President
Special Needs Lawyers, PA

Travis D. Finchum has been practicing law since 1996 and has been a Board Certified Elder Law attorney since 2002.  He is the President and founder of the law firm Special Needs Lawyers, P.A.  Mr. Finchum specializes in Medicaid qualification for aged and disabled individuals as well as Special Needs Trust drafting and administration.  His practice also consists of estate planning, probate, trust administration and guardianship, with a special emphasis on helping families plan for a member with special needs.  He also helps families plan for incapacity through alternatives to guardianship.

He is a past Chair of the Special Needs Trust Committee of the Florida Bar’s Elder Law Section and previously served on and Chaired the Elder Law Board Certification Committee of the Florida Bar.  Mr. Finchum serves on the Board of Directors for the Arc Tampa Bay, the Advisory Board for the National Alliance on Mental Illness, Pinellas County Chapter and on the Guardian Trust Foundation, Inc. He is also a liaison between the Real Property, Probate and Trust Law Section and the Elder Law Section and sits on both of their Executive Councils.

Mr. Finchum founded the Guardian Trusts in 2002, and serves as a Co-Trustee of their trusts which assist individuals with disabilities in protecting their assests for use during their lifetimes without disqualifying them for much needed public benefits. More information can be found at www.GuardianTrusts.org.  Mr. Finchum is a double-graduate from the University of Florida.  He lives in Oldsmar with his wife Kiersten, son Ethan, and daughter Lillian.

Victoria E. Heuler, Esq.
Partner
Heuler-Wakeman Law Group, P.L.

Victoria Elizabeth Heuler has been an attorney since 1993 and an active Elder Law Attorney since 2000 with an emphasis in incapacity matters, guardianship and related litigation. Victoria is a Board Certified Specialist (B.C.S.) by the Florida Bar in the area of Elder Law and has been continuously certified since 2007. Victoria is a member in good standing of both the Florida and Georgia bars. She also handles matters involving the protection of elder rights, representation of fiduciaries and agents, end-of-life issues and advanced directives, advocacy and representation in matters involving exploitation of vulnerable adults, and estate and trust administration. Victoria is a leader in educational discussions on topics related to aging, vulnerable adults and protection of individuals as they age.

Victoria is an active leader in the Florida Bar’s Elder Law Section and has held various leadership posts, including currently serving as its Administrative Vice Chair. She is past-President of the Academy of Florida Elder Law Attorneys (2007-2008); a member of the National Academy of Elder Law Attorneys (NAELA) and former Committee chairwoman; past President of the Big Bend Chapter of the Florida State Guardianship Association; and past President of the Board of Directors for Tallahassee’s Alzheimer’s Project. Victoria currently serves on the board of directors for Elder Care Services in Tallahassee and is Vice Chair.

Victoria enjoys spending time with her husband, George (a retired professional geologist), and their rescue animals Sophie (pug mix), and Aspen (fluffy white cat), playing tennis or riding her mountain bike on one of the beautiful Tallahassee trails, and traveling to visit their two daughters. Victoria is blessed to have her octogenarian parents in Tallahassee and is ever thankful for their wellness and her time with them.

Howard S. Krooks, Esq.
Member
Cozen O’Connor

Howard’s practice is devoted to elder law and trust and estate matters, including representing seniors and people with special needs and their families in connection with asset preservation planning, supplemental needs trusts, Medicaid, Medicare, planning for disability, guardianship, wills, trusts, and health care planning with advance directives. 

Howard is certified as an elder law attorney by the National Elder Law Foundation and currently serves on the Executive Council of the Florida Bar Elder Law Section as the chair-elect and the board of trustees of the NAELA Foundation. Howard received the 2006 Outstanding Achievement Award from the New York Chapter of NAELA for serving as co-chair of a Special Committee on Medicaid Legislation formed by the NYSBA Elder Law Section to oppose New York Governor George Pataki’s budget bills containing numerous restrictive Medicaid eligibility provisions that, if enacted, would severely impact the frail elderly and disabled populations. He was named Member of the Year in 2010 by the Florida Bar Elder Law Section for his work in obtaining Medicaid approval for the use of promissory notes in Medicaid planning in Florida. He also was recognized for serving as co-chair of the NYSBA Elder Law Section Compact Working Group, which received national attention for developing alternative methods of financing long-term care. Additionally, Howard served as chair of a Special Committee created by the NYSBA Elder Law Section to address the Statewide Commission on Fiduciary Appointments formed by Chief Justice Judith Kaye. Howard received an award for spearheading the effort on behalf of NAELA seeking the enactment of the Special Needs Trust Fairness Act, which was signed into law by President Obama on December 13, 2016. 

Howard has consistently been selected as a Florida Super Lawyer and a New York Super Lawyer, named to Florida Trend’s Legal Elite, a Top 25 Westchester County Attorney, and is AV Preeminent rated by Martindale-Hubbell. 

Howard is a frequent lecturer and has addressed many organizations, including Barron’s, NAELA, Stetson Special Needs Conference, ALI-ABA, WealthCounsel, ElderCounsel, the National Guardianship Association, various bar associations and attorney organizations, estate planning organizations, Berkeley College, the United Federation of Teachers, the New York State United Teachers, and the New York State Civil Service Employees’ Association. He has been quoted in The Wall Street Journal, The New York Times, Kiplinger’s, USA Today, The New York Post, Newsday, The Journal News, and the Boca Raton News. Howard has appeared on PBS, the CBS Early Morning Show, and local elder law focused television programs. Howard has written extensively on the topic of elder including “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning Including Transfer of Assets, Supplemental Needs Trusts and Protection of Disabled Family Members,” included in Guardianship Practice in New York State and “Long-Term Care Insurance in New York,” included in Estate Planning and Will Drafting in New York, both published by the New York State Bar Association. 

Howard is a founding principal of ElderCounsel LLC, the premier elder law and special needs planning document drafting solution for attorneys. 

Howard earned his bachelor’s degree in accounting from SUNY Albany and his law degree from the University of Pennsylvania Law School. 

Collett P. Small, Esq.
Partner
Slater & Small, PLLC

Collett P. Small is a founding Partner of Slater & Small PLLC.  She served as the Chair of the Elder Law Section of the Florida Bar 2017-2018. Collett is Board Certified by the Florida Bar as a Specialist in Elder Law. Her practice is dedicated to elder law, Medicaid planning, probate, guardianship, estate & trust litigation and estate planning including advanced directives

Collett serves on the Florida Bar’s Special Committee on Opportunity in the Practice of Law in Florida and on the Continuing Legal Education Committee. She is very active in the Elder Law Section of the Florida Bar where she serves on the Executive Council and chairs both the Diversity and Inclusion Committee and the Strategic Planning Committee and is past chairperson for both the Continuing Legal Education Committee and the Law School Liaison Committee. She is on the Board of Directors for the Weston Bar Association and the Academy of Florida Elder Law Attorneys. She is the co-chair of the Continuing Legal Education Committee for the Academy of Florida Elder Law Attorneys and is a member of the National Academy of Elder Law Attorneys. She serves on the Joint Public Policy Task Force of the Elder Law Section and the Academy of Florida Elder Law Attorneys.

She was selected to Super Lawyers for 2019 – 2021.

Collett writes articles that address elder law issues, and she frequently lectures in the area of Elder Law at law schools, continuing education for other lawyers as well at Judicial College for Judges. Collett is very active in the community, volunteers at local law schools, and serves as a mentor to law students and new attorneys.

When she is away from the office she enjoys traveling, competing in marathons, gardening, and spending time with her family.

Mary L. Wakeman, Esq.
Partner
Heuler-Wakeman Law Group, P.L.

Mary L. Wakeman devotes her practice to elder law and related issues, with an emphasis on estate planning, incapacity planning, special needs trusts, and estate and trust administration. Mary’s special emphasis is on assisting individuals in qualifying for public benefit programs, including those that impact the funding of long term care. Mary is board certified in Appellate Practice and handles all aspects of civil and administrative appeals.

Prior to the establishment of Heuler-Wakeman Law Group, P.L. in 2013, Mary practiced for twenty-four years with the firm of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., and litigated in both trial and appellate courts since she entered private practice in 1989. She has argued numerous times before the First District Court of Appeal on behalf of her clients and speaks frequently throughout the state on elder law issues.

Mary is a member in good standing of both the Florida and Georgia bars and has been certified as a circuit civil mediator by the Florida Supreme Court. Mary has served on various boards throughout her career including Florida Lawyers Assistance, Inc.; Big Bend CARES, Inc.; the Leon County Community Human Service Partnership and the Florida Association of LGBT Attorneys and Allies, Inc. (FALLA).

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $425

Audio Only* Recording & Materials Package – CD or Download:  $425

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $475

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

*Your discount is automatically applied at check out.

This program will be recorded live on September 21 & 23, 2021.

(Recorded packages are available approximately three weeks after the seminar is held.)

CLE Credit

FL General:  This program is approved for 6.0 units of general CLE in Florida through 03/31/23

CA General:  This program is approved for 5.25 units of general CLE in California.
CA Certified Legal Specialist:  This program is approved for 5.25 units of Certified Legal Specialist credit in California in Estate Planning, Trust and Probate Law.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 5.25 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 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. Many attorneys ask for this and are approved in other states.