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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.
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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

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 [email protected] or 248-267-3210
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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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Product ID: 399930
Published 2017
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