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Trust and Estate Planning 101: The Basics (FL) [Two-Part Webinar]
Audio program! (check our CLE Programs page for live versions)
If you are just getting going with your estate planning practice, or need a refresher on specific aspects of estate planning, this beginner level estate planning program is for you.
This seminar is focused on giving you a thorough overview of critical areas of estate planning and the tasks and law related to those areas.
During part one, your instructors will explain the different types of wills you want to consider for your clients. After that, your faculty will spend two hours on the Revocable Trust.
In part two, you’ll hear about special needs trusts, Advance Health Care Directives and the Durable Power of Attorney. You’ll learn the legal requirements for execution, HCS and LW limitations and allowances and a host of other important requirements in estate planning.
This in-depth program is designed to thoroughly immerse you in critical areas of estate planning.
Please click on the Agenda tab to see the specific topics that will be taught in each session.
Can’t attend? This program will be recorded live on September 21 & 23, 2021.The recorded package, available in audio or video format and including seminar materials, will be available within three weeks after the live program ends.
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Tuesday, September 21, 2021
1:00 p.m. – 4:15 p.m. Eastern Time (includes breaks)
1:00 – 2:00
- 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
2:00 – 2:10
10 min BREAK
2:10 – 4:15
Anatomy of a Revocable Trust
- What should go into a regular revocable trust, including:
- Trust Name
- Names and Address of persons referred to in the trust
- 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
- Successor trustee
- Trustee compensation
Thursday, September 23, 2021
1:00 p.m. – 3:15 p.m. Eastern Time (includes breaks)
1:00 – 2:05
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
2:05 – 2:15
10 min BREAK
2:15 – 3:15
- 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
Two- Part Webinar
Dates and times:
Part 1: Tuesday, September 21, 2021
1:00 p.m. – 4:15 p.m. Eastern Time
Part 2: Thursday, September 23, 2021
1:00 p.m. – 3:15 p.m. Eastern Time
We will send your login details and handout materials a few days before your program.
The following testimonials are from our previous Probate Litigation 101 programs, taught by many of the same speakers.
“Excellent. Very Satisfied.” – Laura Bartels, Esq.
“Excellent practical content and engaging presenters.” – Jenny Shin, 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.
“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.
“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 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.”
“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.”
“Very informative. Learned new material and practice tips.”
“Practical information I can implement today – that’s what I was looking for.”
“I liked the probate note section – very useful.”
“I am enjoying the program and finding it very informative.”
“Very informative and thorough.”
“This was good, particularly the conservatorship section.”
“I enjoyed it!”
“Very useful program (Part III). Love the hypos for ethics. Fantastic and practical.”
“Clear and comprehensive, efficiently presented.”
“Part III was the best session of the series!”
“Great program – thank you for answering my questions.”
“Good topics. Good panel. A good refresher.”
“All really good.”
The following testimonials are from our previous Probate Litigation 101 programs, taught by many of the same speakers.
“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.
“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.
“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.
“Speakers were super knowledgeable and practical. Learned a few very important nuggets to keep me malpractice free.” – Elizabeth Vozzella, Esq.
“Great presentation! Very relevant. Great panel. Thank you!” – Marta N. Jonsson, 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.
“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.”
“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.”
“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’.”
“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!”
“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.
“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.”
“Really good handouts.”
“Thank you.” – Phuong Kim Nguyen, Esq.
“I found it very helpful to have the judge’s perspective. The materials are very useful.”
Travis D. Finchum, Esq.
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. Hueler, Esq.
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.
Elder Law Associates PA
Howard S. Krooks, Esq., CELA, CAP, a partner of Elder Law Associates PA, with offices throughout Southeast Florida, is admitted to practice law in New York (1990) and Florida (2004). Mr. Krooks is Of Counsel to Amoruso & Amoruso, LLP, in Rye Brook, New York. He splits his time between New York and Florida, where his professional 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.
Mr. Krooks is certified as an Elder Law Attorney by the National Elder Law Foundation and is a Past President of the National Academy of Elder Law Attorneys (NAELA – 2013 to 2014), a past president of the New York Chapter of NAELA and serves on the Executive Council of the Florida Bar Elder Law Section as the Chair-Elect (2021-2022).
He is a past Chair of the Elder Law Section of the New York State Bar Association (NYSBA – 2004-2005), and serves on the Executive Committee as Past Chair. He also currently serves on the Board of Trustees of the NAELA Foundation. In 2010, he received the “Member of the Year” award from the Florida Bar Elder Law Section.
Mr. Krooks has been consistently selected as a Florida Super Lawyer and a New York Super Lawyer, consistently named to Florida Trend’s Legal Elite, named a Top 25 Westchester County Attorney, has a 10.0 (Excellent) rating from Avvo and is AV Preeminent®-rated by Martindale-Hubbell, a testament to the fact that Mr. Krooks’ peers rank him at the highest level of professional excellence.
Mr. Krooks 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 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, Mr. Krooks 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.
Mr. Krooks co-authored the chapter, “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 the chapter “Long-Term Care Insurance in New York,” included in Estate Planning and Will Drafting in New York, both published by the NYSBA. He is widely published on many elder law topics.
Mr. Krooks is a founding principal of ElderCounsel LLC, the premier elder law and special needs planning document drafting solution for attorneys.
Collett P. Small, Esq.
Slater & Small, P.A.
Bio coming soon!
Mary L. Wakeman, Esq.
Heuler-Wakeman Law Group, P.L.
Bio coming soon!
Registration fees are per person.
Group: $399 per person for 2 or more from the same company pre-registering at the same time
Government employee/Legal Aid* Rate: $375
Law Student*/Paralegal Rate: $275
Your access information and course handout will be sent out a few days before the program.
Registration includes an electronic copy (.pdf) of your seminar handbook. This will be emailed to you a few days before the program. Be sure to check your spam folder if you don’t see it by then. Please put email@example.com in your address book to make sure you receive your pdf of the program handbook.
* Law Student Rate is for current law students only. Please bring your law school ID to show when you check in for the program.
** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms. It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. It also does not include attorneys who serve on non-profit boards.
Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to firstname.lastname@example.org.
FL General: This program is approved for 6.0 units of general CLE in Florida.
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 CLE in California.
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.