36-Hour Estate Planning, Trust & Probate Law Specialization Package

Using real-world legal examples, this presentation will showcase the capabilities of industry-leading AI tools such as ChatGPT, Claude, Gemini, and CoPilot, demonstrating how they can be utilized in your legal practice.

Additionally, the presentation will address critical aspects of privacy and highlight the unique strengths of each AI tool, enabling you to make well-informed decisions when incorporating AI into your legal technology strategy.

Over the past two years, our speaker, Stephen M. Smith, has provided AI education to over 100 organizations, teaching them how to transform their businesses with AI tools to increase productivity, improve analytics, overhaul their content creation processes (from marketing content to legal briefs), lower costs, and increase revenues

As the State Bar has recognized in its new MCLE requirements, incivility is an increasing problem in the legal profession. It is important to acknowledge that all of us at times, either intentionally or more likely unintentionally, contribute to this problem by acting uncivilly based upon our own biases. Moderated by internationally recognized McGill University assistant professor, Dr. Jordan Axt, who focuses his research on the formation of intergroup bias, this program will explore why we form these unintentional biases. It will then untangle the nexus between unintentional biases and incivility, and how we can learn to recognize these biases in order to curb our own incivility.

Ask the speaker a question. Email and be sure to include the program name in the subject line.

Life as an attorney can be exhausting, overwhelming, and all-consuming. The constant stress and demands on your time can put any attorney in a never-ending cycle that can lead to burnout or otherwise harm the career you have worked so hard to build. In this program, family law attorney turned life coach and author Wendy Meadows will discuss what “burnout” really means, what it looks like in the legal profession, identify the signs to look for that might signal that burnout is on the horizon, and give you the tools you need to overcome burnout starting NOW! To delve even deeper into the discussion, special education lawyer and trained moderator Jackie Deam will be helping to facilitate the presentation to ensure Wendy answers the questions on everyone’s mind.

The presenters are Neville Johnson, author of the best-seller, The John Wooden Pyramid of Success, Stephen S. Marmer, MD and PhD, a top psychiatrist with an extensive and impressive resume, and Judge Stephen Pfahler’s (Superior Court, Stanley Mosk Courthouse), The Whole Truth For Lawyers, A Complete Guide To Flourishing In Your Life And Career. John Wooden created the legendary Pyramid and its elements will be discussed along with a discussion of the recent Harvard study on happiness, and Judge Pfahler will discuss his findings and conclusions on the subjects.

What is implicit bias and how can it manifest in almost undetectable ways in all aspects of the legal profession? Our distinguished panelists have been on every side of the legal profession: attorney, mediator, and judicial officer. They will discuss two prevalent, yet covert ways implicit bias affects every sphere of the legal profession: microaggressions and gaslighting. They will provide real life examples from the legal profession and what we as attorneys can do better to move the legal profession forward.

As lawyers, we are looked to for sound, strategic advice by our clients. We are asked to solve complex issues and often must navigate heightened emotions from various parties while diligently advising our clients. In the session, you will learn how to have greater awareness of bias in decision making and how to interrupt bias before it negatively affects you and your client. Mindy Gulati will touch on the brain science of cognitive bias and dig into practical tips and tools for how to address bias as we navigate our ethical obligations to our clients.

This program will explore the ethical duties of an attorney when billing clients, as well as best practices to avoid fee disputes and ensure entitlement to payment.

The State Bar of California has adopted new guidelines which address the use of Generative Artificial Intelligence (AI) in the legal profession. The “Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law,” which is influenced by the recommendations of the Committee on Professional Responsibility and Conduct (COPRAC), touches upon confidentiality, competence, compliance, communication, candor, billing, and bias. The goal is to clarify what ethical obligations lawyers have and what pitfalls to avoid when relying on AI.

Lawyers need to know about this evolving technology in order to understand the coming regulation, avoid non-compliance, and to protect the public.

This program will review the new guidelines and how AI promises to revolutionize the practice of law.

The new Rule of Professional Conduct 8.3, that requires lawyers to report other lawyers for certain types of illegal conduct, has generated questions about when it is necessary to report conduct, what types of illegal conduct are required to be reported, and what types of conduct shouldn't be reported. This program will provide guidelines for the average practitioner and will also address reporting requirements when the conduct comes from lawyers within the same firm, pursuant to Rules 5.1 and 5.2. This knowledge is essential for anyone managing a law office, particularly since a violation can affect not only a lawyer involved in wrongdoing, but the lawyer or lawyers who could be disciplined for failing to report the errant lawyer.

This panel of top attorneys in malpractice and ethics will discuss the complicated issues in fee agreements, including:

- Contingent fees of 50% or more
- Changing fee amounts mid-stream
- Can a contingent fee ever be increased after the initial K is entered?
- Taking a percentage of the client’s income in perpetuity (despite new counsel, new K having been negotiated, and other change of circumstances, can this be shoehorned into an unconscionability argument?)
- Nuances of referral fees; best practices for handling fee disputes
- Requirement of observing MFAA in B&P Code before compelling contractual arbitration
- Arbitration agreements
- When and what do you have to tell the client to seek independent counsel before agreeing (e.g., waiver of a jury trial is an essential right that needs to be carefully considered; that the loser in litigation may pay attorney’s fees)

Scott Rahn and Nicholas Van Brunt provide a survey of appellate decisions concerning or relating to trusts, estates, and conservatorships in the last 12 months that are relevant to estate planners, administration counsel, and litigators

Ask the speaker a question. Email and be sure to include the program name in the subject line.

This program will walk you through the steps of a probate administration, including identifying, collecting, and managing estate assets, preparing an inventory and appraisal, handling debts and creditor claims, selling estate property, and closing the estate.

Beth Acevedo applies a broad background in estate planning, estate and trust administration, and tax law to develop customized, multi-generational estate plans for high-net-worth individuals and families. Through the careful crafting of trusts, wills, powers of attorney, and health care directives, Beth identifies and addresses potential conflicts before they occur while maintaining the clients? interpersonal and wealth transfer goals. Beth?s compassionate and detailed approach to estate and trust administration matters brings beneficiaries and fiduciaries peace of mind during what can be an emotionally stressful time.

Beth has an Executive LL.M. in Taxation from New York University. While in law school, Beth served as Note and Comment Editor on the Buffalo Law Review, and as Submissions Editor for the Buffalo Public Interest Law Journal.

This presentation will provide a broad overview of basic principles that are fundamental to will and trust contest litigation. It is designed for estate planners and others who do not primarily practice litigation and will cover topics including standing, different standards of legal capacity to execute estate planning documents, and factors in determining undue influence.

Join attorneys Nathalie E. A. Paluch and Sara Z. May as they dive into important considerations when premarital agreements intersect with estate planning. The presentation will explore several hypotheticals and how to avoid common issues relating to estate planning, including how to ensure a divorcee is not better off than a widow, whether a premarital agreement should provide for consideration in the event of death, and how to navigate making a spouse a potential creditor of your posthumous estate.

Elder Abuse Restraining Orders are an important tool to protect older and dependent adults from ongoing abuse and prevent future abuse. This presentation will educate advocates about the legal standards and procedure for obtaining an elder abuse restraining order for their clients and will cover recent updates to the law under Assembly Bill 1243.

Join two experienced probate litigators for a discussion of potential pitfalls in the estate planning and administration process. Jessica Babrick and Andrew Smith will talk about various cases they have litigated that have arisen from mistakes in planning and administration, from improper documentation of meetings with clients to misallocation of assets. No estate planner wants their work to be the subject of litigation, and this presentation will provide tips to avoid that outcome.

Jessica G. Babrick, Shareholder, Weinstock Manion, ALC
Andrew G. Smith, Associate, Weinstock Manion, ALC

Our speaker, Randy Spiro, a long-time and well regarded estate planning specialist, will share practical problems that come up when dealing with clients who are older and possible solutions culled from his many years of experience. He will address common misconceptions that many estate planning attorneys may hear from senior clients and their family members, including:

-You can handle our asset transmutation because we have no conflicts.
-We don't need separate attorneys to waive a reimbursement right.
-You can represent the parents and the children regarding a gift to qualify for Medi-Cal.
-We are too busy to get you the information for a revocable trust, so just create temporary Wills.
-If the practitioner is not negligent, it doesn't matter what the damages are.
-If you own tenancy in common real estate, it is not a partnership.
-My successor trustee who is not a beneficiary will surely agree to act.
-In a second marriage where there is an age gap, a QTIP Trust is the best plan.
-A spouse doesn't need a separate attorney to consent to a non-spouse IRA beneficiary.
-There is no problem in transferring separate property assets into a joint husband and wife trust.
-Don't worry about the assets that we own outside of the United States.

This program is a must for any attorney doing estate plans for old clients and also family member and professionals who may be named as fiduciaries in those estate plans.

Randy Spiro, Estate Planning Attorney

In response to the highly publicized case of Britney Spears, California’s conservatorship laws have undergone significant changes. This presentation will begin with a background of the perceived need for legal change, followed by a concise overview of the recent amendments and their implications for future conservatorship petitions, including new allegations and findings. The session will also address the evolving challenges and considerations for professional fiduciaries under these new laws. If time permits, the speaker will conclude with insights into national trends in conservatorship laws, offering a broader context for California's reforms.

A guide to avoiding the pitfalls of California?s Creditor?s Claim statutes. No matter what side your client is on ? creditor or estate ? the rules require strict compliance.

Geraldine A. Wyle, Partner, Freeman Freeman & Smiley
Jeryll S. Cohen, Partner, Freeman Freeman & Smiley

What is the difference between a will and a trust? Can a will help to avoid probate? How do I fund my trust?

These are just a few of the questions that estate planning attorneys hear. Join us for a comprehensive, nuts and bolts introduction to estate planning. During this program, we will cover the basics of estate planning, including wills, trusts, tax rules, trust funding, non-probate transfers, and incapacity documents.

This program is intended to provide a foundational understanding of the basics of estate planning. This is a great program for attorneys who are new to estate planning or who are interested in adding estate planning to their practice.

The presentation will address questions that all planners, including, and perhaps especially, those who think of themselves as domestic planners, need to ask their clients as well as some of the gift tax, estate tax, and trust income tax issues we see most frequently with clients who have cross border families or assets.

Laura A. Zwicker, Chair, Private Client Services Group, Greenberg Glusker Fields Claman & Machtinger LLP
Stefanie Lipson, Partner, Greenberg Glusker Fields Claman & Machtinger LLP

A declining market can increase demand for estate planning services. This presentation will explore ways in which advisers can help clients with estate planning strategies that are already in place when they are faced with a loss in value or market volatility. We will review strategies for getting a ?do-over? on gifts, stopping the decline in value of assets that have already been transferred and efficiently applying generation-skipping transfer tax exemption after a loss in value. We will also examine client considerations in making new gifts in a declining market.

Elizabeth Glasgow, Partner, McDermott Will & Emery LLP
Bridget Devoy, Counsel, McDermott Will & Emery LLP
Laura Stone, Partner, Citrin Cooperman Advisors LLC

Paul Frimmer discusses estate planning, charitable giving, and tax issues as they relate to the use of complex charitable remainder trusts and charitable lead trusts.

Paul N. Frimmer, Loeb & Loeb LLP

What every wealth planning professional should know when dealing with the disposition and control of works protected by copyright.

Paul Gordon Hoffman, Hoffman, Sabban & Watenmaker
Steven Krone, Mitchell, Silberberg & Knupp

Following a spouse's death, the surviving spouse and heirs are often left with the decedent's debts. In some estates, it is the surviving spouse who asserts claims against his or her decedent spouse. This program will discuss how California community property law affects creditors' claims against the decedent's estate or trust and the surviving spouse's and heirs' exposure to the decedent's debts. The program will also discuss potential community property disputes which can arise between the surviving spouse and the decedent's spouse's estate and practical tips to handle such disputes.

Lynda I. Chung, Esq., Valensi Rose, PLC

Incomplete gift, nongrantor trusts (INGs) were just a recent innovation in a long history stretching back to the decades prior to WWII of clients deploying trusts for their income tax benefits. In recent years, some high tax states have targeted the use of INGS for the state and local tax savings that these structures provided. How are taxpayers in these states responding to these changes? We will look at how ING structures work, how some states seek to invalidate them, and explore some of their remaining uses. We will also look at alternatives to ING structures and how these may be of use to obtain similar benefits.

Ask the speaker a question. Email and be sure to include the program name in the subject line.

Daniel C. Lorenzen, Partner, Venable LLP

The United Arab Emirates (UAE) is well known as a global leader in technology, real estate and business. In addition, however, the UAE has also embarked on a visionary plan for people with disabilities, whom the UAE officially refers to as ?people of determination.? The term is used in recognition of their achievements in different fields.

The UAE has innumerable innovative programs which strive to empower ?people of determination.? There are specific mandates for businesses and government entities to employ ?people of determination.? There are aggressive policies with high tech supports to prevent and stop abuse. There is state-of-the-art urban planning designed to make its cities the most user-friendly environments in the world for ?people of determination.? One ambitious goal is to shift away from the traditional view of people as passive recipients of public services to recognizing them as co-creators of public value, as well as contributors to a sustainable community.

Based in Dubai, our speaker, Mansoor ESSA Loutah, is the founder of Mansoor Loutah Advocates and Legal Consultants, a prominent UAE law firm which includes an active practice in the field of elder law. He will share how these UAE programs came about and how they are now put into practice. He will also describe the unique aspects of the UAE?s court systems which deal with probate and estates. This program is an absolute must for all attorneys, financial advisors and fiduciaries who work with people who are older or disabled in California or around the world.

The current environment is very challenging for trustees. A trustee must invest a trust as a prudent investor would while dealing with headwinds such as muted returns, low global yields and tax uncertainty. Further, trustees are faced with managing trust assets for longer life expectancies, which means trusts must last longer. Our speakers, Ashley Velategui and Andrea Kushner, Esq., Directors of the Wealth Strategies Group at Bernstein Private Wealth Management, have tremendous experience in these areas, and Andrea is also the past chair of our bar?s taxation section. Their discussion will particularly emphasize how these issues for trustees affect older and disabled beneficiaries.

Andrea Kushner, J.D., LL.M., Bernstein Private Wealth Management
Ashley Velategui, C.F.A., Bernstein Private Wealth Management

This presentation will provide some general insights for how to make sure your clients' affairs are in order after they execute their estate plan and what potential pitfalls can await them. Dina Nam will be speaking about what happens after clients create a revocable estate plan and what proactive steps practitioners should take. She will be discussing topics including trust funding, beneficiary designations, and what happens if clients forget to fund their trusts. Nuts & Bolts series.

Dina Nam, AdvicePeriod

This program will address: (1) What is a Surviving Spouse? (2) What at is an omitted spouse and an omitted child? (3) What are intestate shares? (4) How do you satisfy the omitted spouses' and children?s share? and (5) What are the legal proceedings to enforce their rights.

Civil litigators (junior probate litigators) who are asked to handle a will contest, trust contest or financial elder abuse case in probate court often find themselves feeling like Alice in Wonderland where seasoned probate attorneys speak probate, not English. What are probate notes? What?s RFA? What is a Heggstad petition? Is an evidentiary hearing the same as a trial? These are some of the oft-asked questions. The program will teach general civil litigators how to navigate the probate court like a pro.

Lynda I. Chung, Partner, Valensi Rose PLC

This program will cover various aspects of protecting fiduciaries acting in financial or healthcare roles from liability for executing their duties. Our primary focus will be on financial management. We will also provide attendees with tools to determine whether they or their clients should take on certain fiduciary roles and ways to avoid liability when the fiduciaries are already acting.

Reducing, Deferring or Eliminating Capital Gains Taxes For Older Clients (Other Than 1031 Exchanges)

When an older client has an asset with a large capital gain, most advisors tell the client to hold it until he or she dies. In that way the heirs will get a step-up in basis to save them capital gains tax on a future sale.

However, the estate tax works in opposition to the capital gains tax. The estate tax is due on a date certain (9 months after the date of death, though there can be a 6 month extension, and the tax can be deferred over 15 years if more than 35% of the adjusted gross estate qualifies as a closely held business); and rate is 40% over the exclusion ($13,610,000 per person, to be cut in half in 2026).

The capital gains tax need not be paid because the heirs can decide to keep the property or enter into one of several structures (the purpose of our discussion) that reduce, defer or eliminate the capital gains tax; and rate is 37.1% over the asset's basis.

Our speaker, Bruce Givner, has been practicing tax law for over 47 years. He will share 8 ways to reduce, defer or eliminate the capital gains tax without considering an IRC Section 1031 exchange. The program is a must for any attorney, fiduciary or professional who may advise older clients with significant financial resources.

Analysis of California income taxation issues related to trusts and entities. Many Californians enjoy the benefits of living in California but yearn for a structure that can earn investment income not subject to California income taxes. Many residents of other states and countries are first surprised, and then angry upon discovering that their ?non-California trust? is subject to California income tax.

Similarly, LLC and other entity owners are often shocked to discover that they have been ?doing business in California? for years ? or even that they are ?doing business? at all in a holding company. Let?s explore the many and interesting ways that California wraps its long tax-hungry arms around our clever estate planning structures.

? California Taxation of Grantor Trusts
? California Taxation of Nongrantor Trusts
? Taxation of Distributions to California Beneficiaries
? Taxation of Various Entities as Holding Companies

Laurelle Gutierrez, McDermott Will & Emery
Elizabeth Glasgow, McDermott Will & Emery
Kathryn Gose, McDermott Will & Emery

During this presentation, Judge Glen Reiser (Ret.) will discuss various critical aspects of subtrust funding as part of the trust administration process. Often, upon a first death of a spouse and, at times, upon the death of the second spouse to die or a single person, the subject trust includes requirements and guidance for administering the trust regarding the allocation of assets to various subtrusts for the benefit of one or more beneficiaries. As we are seeing it more and more in the courts and mediation, subtrust allocation decisions by a trustee can turn into having to defend a claim against such trustee for failure to, among other things, collect assets and obtain date of death values, property manage assets, and fairly allocate assets among subtrusts in accordance with the terms of the trust. The presentation will cover important concepts such as a trustee?s administrative duties, marital deductions, pro-rata allocation of assets, community property and separate property characterizations, gift and estate taxes, and portability, all in light of trust litigation. Judge Glen Reiser (Ret.) will teach these concepts by reviewing trust provisions and discussing hypotheticals and relevant recent case law. Litigators, trust administration lawyers, and estate planning lawyers will all benefit from attending this presentation to better allocate assets to subtrusts, lower the likelihood of litigation, and successfully complete the trust administration process.

Hon. Glen Reiser (Ret.), Mediator/Arbitrator, JAMS

Explore the power of "Tax-Efficient Charitable Giving for Entrepreneurs" at the Beverly Hills Bar Association. This dynamic presentation will help you guide entrepreneurial clients—whether founders of family businesses or owners and investors in large enterprises—towards impactful philanthropy. Explore strategic approaches for outright giving and life income gifts, utilizing assets like cash, appreciated securities, business interests, and real estate. Enhance your expertise to help clients amplify their legacy, minimize tax exposure, and preserve wealth for future generations.

Gifts of tangible personal property, such as artwork, rare books, and manuscripts, are often meaningful, enduring, and tax-efficient. Such gifts may also be more complicated than expected and require special consideration. Has the property been held long-term? Will the gift(s) be used in a manner related to the nonprofit institution's tax-exempt mission? Will the gift(s) be made during a donor's lifetime or by bequest? Join us for a lively conversation about fascinating gifts and lessons learned.

Cris Lutz, Assistant Vice President of Gift Planning at, The Huntington
Elizabeth Bawden, Partner at Withers World Wide
Joe Baratta, Senior Vice President, Head of Trusts & Estates, West Coast at Bonhams

Join us for a presentation on the litigation landmines relating to intra-family estate planning and administration, including how professionals can spot and mitigate litigation issues as a service to their clients.

The Home and Community-based Services Settings Final Rule, commonly known as the Final Rule, is now slated to go into effect on March 17, 2023. Providers and facilities throughout the country are preparing to adapt themselves to the Final Rule?s person-center planning and practices, which will soon be required for their service delivery and for their receipt of certain federal and state funding. The mandate of the Final Rule for integration of consumers who are older or disabled is inspiring Compliance with the many new requirements in order to continue current funding, however, can be formidable for those who are not adequately prepared.

Our speaker is a senior consultant for Pubic Consulting Group, which has been hired by state and other agencies across the country to help implement the Final Rule. She will share what the Final Rule means for providers and facilities, as well as families, and how everyone is adapting to prepare for 2023. The program is a must for all attorneys, fiduciaries and other professionals who are involved with home or assisted living care for clients and trust beneficiaries.

While the SECURE Act created new challenges for traditional estate planning, it also created (and preserved) opportunities for the use of retirement accounts in the world of special needs trust planning. Our speaker, nationally recognized elder attorney Stuart D. Zimring, Esq., will review the changes implemented by the SECURE Act with a focus on how those changes affect and benefit persons with disabilities and chronic illnesses.

Stuart D. Zimring

Join us as we deep dive into the complexities of selling a conservatee’s property. The webinar will cover three main topics: determining the appropriate time for sale, steps to obtain a court order authorizing the transaction, and the process of executing the sale. This is a must-attend event for attorneys, conservators, and others involved in such real estate transactions.

Anna Soliman and Bryan Kirk of Fiduciary Trust International will review trust modification, reformation and decanting basics. This presentation will also work through real-life examples, discuss legal and tax updates relating to changing the terms of irrevocable trusts, and will also answer the following questions:

Why you would want to modify, reform or decant a trust?
How do you modify, reform or decant a trust?
What are the tax consequences when you modify, reform or decant a trust?
What do you not want to get wrong when you modify, reform or decant a trust?

Anna Soliman, Trust Counsel and Managing Director, Fiduciary Trust International
Bryan D. Kirk, Director of Estate and Financial Planning and Trust Counsel, Fiduciary Trust International

A D4C pooled trust is a type of pooled special needs trust specifically designed to hold the assets of individuals with disabilities. These are typically more affordable and quicker to establish than D4A stand-alone special needs trusts. However, they are an under-utilized tool in California. Our speaker, Michelle Wolf, will discuss the fundamentals of pooled special needs trust, legal considerations and best practices and case studies for how pooled special needs trusts can maximize benefits for your clients.

Ask the speaker a question. Email and be sure to include the program name in the subject line.

Learn about the process of selling and buying real estate when Court confirmation of the sale is required and how to avoid common pitfalls and mistakes. Marketing the property.

Nancy Sanborn, Executive Director, Trust & Probate Sales Division, Berkshire Hathaway
Brenda Depew, Esq., Partner / Attorney, Hinojosa & Forer LLP

Our speaker, Sarah Mourra, MD, is double-board certified by the American Board of Psychiatry and Neurology in both Adult Psychiatry and Geriatric Psychiatry. She was selected as a Bureau of Health Professions Fellow in geriatric psychiatry and is currently an Assistant Clinical Professional of Psychiatry at UCLA David Geffen School of Medicine. It is critical for elder law attorneys to be aware of the latest treatments for dementia. This clinical understanding helps counsel provide appropriate legal advice for clients and their families facing the challenges of dementia. It also helps counsel consider alternatives other than conservatorships and, when conservatorships are necessary, guide the proceedings so that fiduciaries can act in the best interest of conservatees. Dr. Mourra will review the diagnostic criteria for dementia and the most current information and updates for the workup and treatments for the disease. The presentation is a must for any legal professional working to help older and other adults facing the challenges of dementia.