2018 Basics of Estate Planning, Administration, and Litigation

Published by Mecklenburg County Bar


Summary

The 2018 Basics of Estate Planning, Administration & Litigation CLE is designed for individuals who are beginning to practice in the estate planning and probate law areas or who have limited experience in this area of practice. This CLE can also serve as an excellent refresher for more experienced attorneys. The lectures in this CLE are brought to you by experienced practitioners who address the basic issues encountered in estate planning, estate administration and estate litigation.

Part 1: Basic Drafting and Planning Considerations for Wills and Revocable Trusts in North Carolina | Mills & Morris This program will address the most important tax and non-tax considerations in preparing a client’s testamentary documents, including wills and revocable trusts. The presenters will address how to determine whether a revocable trust is an appropriate feature of a particular client’s plan. A brief review of the tax rules impacting testamentary drafting will be included. The presenters will cover some of the most important topics that should be addressed with clients and in drafting documents. Topics will include the best practices for handling unique family situations and testamentary desires, including second marriages, minor children, supplemental needs beneficiaries, gifts of specific assets, charitable gifts, and property located in another state.

Part II: Drafting Power of Attorney Documents and the North Carolina Uniform Power of Attorney Act | Daniel This presentation will provide an introduction to the North Carolina Uniform Power of Attorney Act (effective January 1, 2018), providing a summary of the Act and the issues related to planning under the Act.

Part III: How to Begin Administering an Estate: Formal Administration and Its Alternatives | Forneris This presentation will guide practitioners through the process of probating a will and qualifying a personal representative of a decedent’s estate—from the initial client interview to the issuance of letters. It will also explore alternatives to formal administration and provide tools to help practitioners to decide when such alternatives may be used.

Part IV: Inventory for Decedent’s Estate | Kemmy This presentation provides a practical introduction to the Inventory for Decedent’s Estate, including the statutory authority, identification of assets to be listed, preparation of the Inventory, and presentation of the Inventory to the Clerk of Superior Court.

Part V: Attorney as Fiduciary and Representation of Fiduciaries | Perrin This presentation will address the ethical and legal issues an attorney may face when either serving as a fiduciary or when representing a fiduciary.

Part VI: Dealing With Clients With Diminished Capacity | Anderson This presentation will address ethical, professional responsibility, and practical approaches to dealing with clients who suffer from diminished capacity. The subject matter is expected to address: being retained by such clients; evaluating capacity for estate planning and other determinations; ethical guidelines for dealing with a client who is the subject of an incompetency proceeding (or in need of one); and similar and related issues.

Part VII: Breach of Fiduciary Duty: Causes of Action and Defenses | Lindley Trust and estate litigation often focuses on contesting the validity of the operative documents for fraud, duress, undue influence, and lack of mental capacity. However, recent years have borne witness to a rise in claims against the fiduciaries themselves for alleged breaches of their duties. As the baby boomer generation continues to age, one can reasonably anticipate fiduciary litigation to remain elevated for several decades.

The views and opinions are not necessarily those of the 26th Judicial District Bar.

Presenters
Michael F. Anderson
Michael F. Anderson has been admitted in North Carolina since 2007 (and Illinois since 2008). Mike’s practices concentrates in trust & estate litigation matters, including contesting guardianships. Mike has served as a guardian ad litem in...More
Stephanie Daniel
Stephanie Daniel is a partner with the law firm of Shumaker Loop & Kendrick LLP in Charlotte. She provides estate planning and tax advice on a wide variety of issues with a focus on the areas of estate planning, trust and estate administration, and...More
John W. Forneris
John W. Forneris is an associate with Robinson, Bradshaw & Hinson, P.A. His principal areas of practice are tax, estate planning and trust and estate administration. A substantial portion of his practice is devoted to guiding fiduciaries through the...More
Michael J. Kemmy
Michael J. Kemmy is a shareholder of the law firm of Conrad Trosch & Kemmy, P.A. He heads their estate planning, probate and elder law department, and has been practicing in those areas for thirty years. Before that he worked for the IRS as an estate...More
Trey Lindley
Trey Lindley graduated with Highest Distinction from the University of North Carolina with a degree in philosophy and political science. He went on to graduate with Honors from the University of North Carolina School of Law where he was a member of...More
William L. Mills, IV
William L. Mills, IV is an attorney in the estate planning practice group of Culp Elliott & Carpenter, PLLC. Bill’s practice focuses on providing individuals and families with comprehensive legal services for their estate, tax, and business planning...More
Jeffrey J. Morris
Jeffrey J. Morris works as Counsel at Parker Poe Adams & Bernstein LLP. Jeff represents clients in matters involving trusts, estate planning, estate administration, and taxation. He practices in the areas of federal and state income, estate, gift,...More
Christian L. Perrin
Christian L. Perrin’s practice is focused on Estate Planning & Administration, Fiduciary Litigation and Business Law. He is a North Carolina Board Certified Specialist in Estate Planning and Probate Law and the current co-chair of the Fiduciary...More

Originally Published

January 19, 2018


Program Titles and Supporting Materials

This program contains the following components:

  • Part I: Basic Drafting and Planning Considerations for Wills and Revocable Trusts in North Carolina
  • Part II: Drafting Power of Attorney Documents and the North Carolina Uniform Power of Attorney Act
  • Part III: How to Begin Administering an Estate: Formal Administration and Its Alternatives
  • Part IV: Inventory for Decedent’s Estate
  • Part V: Attorney as Fiduciary and Representation of Fiduciaries
  • Part VI: Dealing With Clients With Diminished Capacity
  • Part VII: Breach of Fiduciary Duty: Causes of Action and Defenses
  • 2018 Basics of Estate Planning, Administration, and Litigation - Paper Materials

How To Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.


Technical Requirements

You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.


Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.


Click on jurisdiction for specific details
NC


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