Course Credit Type: MCLE
Financial Elder Abuse, What’s Involved and Is It Worth the Time and Expense?
Financial elder abuse unfortunately is all too common. The professional fiduciary appointed by the court as conservator or trustee, in many cases, is in the best position to rectify the abuses suffered by an elderly person. Therefore it’s important that the fiduciary be able to identify the various means by which financial elder abuse occurs. […]
Fiduciary Succession Planning- Fact or Fiction
Two Probate Litigators Look at Private Fiduciaries and Fiduciary Succession.
Fiduciary Neutrality: When to Join the Fight. The Ethics, Law and Practice of Neutrality – Part I
The panelists will provide an in-depth analysis of the statutes and case law defining the fiduciary’s ethical duty of neutrality depending on the circumstances. The perception of neutrality of a professional fiduciary can be very important to the effectiveness of that fiduciary in solving contested in a case. The Honorable David J. Cowan, the Supervising […]
Examining The Role Of A Professional Fiduciary In Challenges To Mom And Dad’s Wishes Before They Die
When financial and healthcare decisions lead to conflict between and among elderly parents and their children, the decision to initiate ligation is often fraught with risk. Fractured families, costly attorneys’ fees, ethical considerations and the potential for a disinherited litigant must be weighed against the potential benefits of initiating litigation during a parent’s lifetime, particularly […]
Everything You Wanted To Know About Court Accountings But Were Afraid To Ask
Acting as a fiduciary isn’t always easy. A fiduciary owes many duties to the beneficiaries and a breach of a duty can result in liability. One of these duties is the duty to account. In our litigious society, having an accounting is one of the best ways a fiduciary can protect itself from liability. From […]
Don’t Get Burned: What You Need to Know Before Delegating Your Authority to Investment Professionals
The professional fiduciary faces many challenges. Among them is deciphering the industries and rules governing the various professionals they may delegate to at times. This is especially true for the world of investments and investment professionals. It is often complex and confusing. This presentation is a pragmatic primer in what you need to know to […]
Defending Yourself: Professional Fiduciary Jiu Jitsu
Participate in an interview style format with a trust attorney, a former District Attorney, and a professional fiduciary to learn some “moves” you can make to defend yourself when beneficiaries are coming after you. Even if you do it “right” you may find yourself needing this information.We will cover the legal steps in raising an […]
Death Before Divorce
With gray divorce (divorce defined after the age of 40 years or more) on the rise, it becomes more and more likely that a death may occur during, or soon after a divorce is finalized. This means that as a fiduciary, you need to be prepared with what to do if this happens with one […]
Current Issues in Conservatorships: Assuring the Best Interests of Elders and the Vulnerable are Protected
Recent media coverage regarding Fiduciary practices has led to some passionate discussion regarding Conservatorships and the Probate System in California. The “gray area” of client best interest has come under heated debate from parties who would advocate against standard Conservatorship practices as well against CA Licensed Fiduciaries. Codified Probate Court procedures and accountings can offer […]
Contested Non-Probate Transfers
This presentation will cover best practices for handling non-probate transfers when the documents on file with the bank conflict with the decedent’s estate plan. For example, what should the fiduciary do when the person named in the beneficiary designation form for a pay-on-death account is different than the beneficiaries named under the decedent’s will or […]