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Identifying Estate Planning Mistakes and How to Correct Them

Learn how to identify common estate planning mistakes and various elements to take into consideration. Attorneys who engage in estate planning are confronted with many issues that need to be addressed. Some of the issues are not apparent but must be considered. This topic covers a number of issues that arise. There are ethical issues such as who is the client, the client who may have a diminished capacity and the attorney-client privilege. If a document is questioned, what are the obligations, if any, of the attorney drafts person who after death represents the fiduciary. There will be a discussion of drafting issues that the speaker has considered in his over 40 years of practicing law as a draftsperson and one time litigator. The attorney as fiduciary will also be discussed. This is a common occurrence but there are steps that are recommended when agreeing to accept. Acceptance can occur both when the documents are signed as well as when the fiduciary has to act. The subject of fiduciary fees will also be discussed, answering questions such as: Are the fees hourly, percentage, at what hourly rate, etc.? There are other issues to be considered including insurance, disposition of remains and file retention.


Runtime: 88 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Ethical Issues

  • Who Is the Client?
  • Attorney Client Privilege
  • Work Product Doctrine

File Gathering and Execution

File Retention

Disability, Long Term Care, and Insurance

  • What Is the Lawyers Role?
  • Types of Insurance and Estate Plan

Powers of Attorney

  • Acceptance Financial Instructions and Others

Coordinate Will and Trust and What Are Some Pitfalls

Beneficiary Designation

  • Coordination With Estate Plan
  • Can It Be Fixed

Lawyer as Trustee

  • Can Do
  • Ethical and Practical Considerations

Disposition of Remains

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on March 22, 2017.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 0.25
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.25 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5 including Ethics 0.25
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.25 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.25
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.25 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 0.4
     
  • This program may qualify for 2.0 credit hours including 0.4 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.25 including Ethics 0.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 0.25 ethics credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.50 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 0.25
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 0.25 hours of ethics credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 0.25
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.3 hours of ethics credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.46 including Dual 0.33
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.46 hours of credit, including 0.33 hours of dual credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 0.25
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 0.25 hours of ethics.
     
  • WA CLE 1.5 including Ethics 0.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 0.25 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8 including Ethics 0.4
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 0.4 hours of ethics credit.
     
  • AL CPE
     
  • This course is acceptable for 1.5 live credit hour(s) through the Alabama State Board of Public Accountancy.
     
  • GA CPE
     
  • This program is applicable for CPE credit. *The Georgia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IA CPE
     
  • This program is applicable for CPE credit. *The Iowa State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IN CPE
     
  • This program is applicable for self study CPE credit. *The Indiana State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • KY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Kentucky State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Massachusetts State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MD CPE
     
  • This course is not pre-approved for CPE credit in your state however, it is applicable. *Please check the rules and requirements in your state for compliance.
     
  • ME CPE
     
  • This Ondemand program is applicable for CPE credit. *The Maine State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MI CPE
     
  • This Ondemand program is applicable for CPE credit. *The Michigan State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MO CPE
     
  • This Ondemand program is applicable for CPE credit. *The Missouri State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MT CPE
     
  • This Ondemand program is applicable for CPE credit.* *The Montana State Board of Accountancy has final authority on the acceptance of individual courses and providers. Please check the rules and requirements for CPE compliance and calculate the amount of credit hours you can claim for self study courses.
     
  • ND CPE
     
  • This Ondemand program is applicable for CPE credit. *The North Dakota State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NH CPE
     
  • This Ondemand program is applicable for CPE credit. *The New Hampshire State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NV CPE
     
  • This Ondemand program is applicable for CPE credit.*The Nevada State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • OH CPE
     
  • This Ondemand program is applicable for CPE credit. *The Ohio State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • PA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Pennsylvania State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • TX CPE 1.5
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     
  • VA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Virginia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • WA CPE
     
  • This Ondemand program is applicable for CPE credit.* *Please check the rules and requirements in your state for compliance.
     
  • WY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Wyoming State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 0.25
     
  • Arizona CLE 1.5 including Ethics 0.25
     
  • CA MCLE 1.5 including Ethics 0.25
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5 including Ethics 0.25
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5 including Ethics 0.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5 including Ethics 0.3
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5 including Ethics 0.25
     
  • WA CLE 1.5 including Ethics 0.25
     
  • WV MCLE 1.8 including Ethics 0.4
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

MP3 Download

  • AK CLE 1.5 including Ethics 0.25
     
  • Arizona CLE 1.5 including Ethics 0.25
     
  • CA MCLE 1.5 including Ethics 0.25
     
  • CT CLE 1.5
     
  • HI CLE 1.5 including Ethics 0.25
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5 including Ethics 0.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5 including Ethics 0.3
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5 including Ethics 0.25
     
  • WA CLE 1.5 including Ethics 0.25
     
  • WV MCLE 1.8 including Ethics 0.4
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.
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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kenneth E. Konop

Kenneth E. Konop

Miller, Canfield, Paddock and Stone, P.L.C.

  • Senior counsel with Miller, Canfield, Paddock and Stone, P.L.C.
  • Practice emphasizes estate administration, estate planning, litigation and charitable entities
  • Given numerous speeches and written articles during his 40 years of practice
  • Member of ACTEC and former chairperson of the Estate Planning and Probate Section of the State Bar of Michigan
  • Admitted in Michigan, Illinois and Washington, D.C.
  • J.D. degree, Wayne State University School of Law; LL.M. degree in taxation, New York University; B.A. degree, University of Michigan
  • Can be contacted at Konop@millercanfield.com or 248-267-3210
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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 399930
Published 2017
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