Estate Planning and Administration in Anticipation of Family Turmoil Training Class

1. INITIAL CONSIDERATIONS WHEN CLIENTS HAVE CONCERNS OF FAMILY CONFLICT
   9:00 - 10:00
   1. Who Are You Representing? Separating the Client From the Family
   2. Anticipating Problems: The Value of Thorough Interviewing
   3. Can Fighting Be Avoided? Clear communication Between Clients and Their Families
   4. Techniques for Understanding What Your Client Wants
2. TIPS FOR DRAFTING IRONCLAD ESTATE PLANNING DOCUMENTS WHEN CHALLENGES FROM FAMILY MEMBERS SEEM LIKELY
   10:00 - 11:00
   1. Choosing the Proper Legal Vehicles to Accomplish Your Client's Goals
   2. Clearly Defining Your Clients Wishes by Avoiding Ambiguity
   3. Establishing Mental Capacity and the Absence of Undue Influence
   4. Appointing the Right Personal Representative or Trustee
   5. Discouraging Contests Through Disinheritance and "In Terrorem" Clauses
   6. How a Personal Effects Clause May Prevent Family Hostilities
   7. Proper Use of Witnesses in the Execution Process
   8. Drafting New Wills and Trusts Upon Divorce and Remarriage
   9. Practical Pointers With Sample Forms
3. HOW TO ADMINISTER TRUSTS AND ESTATES TO ANTICIPATE AND AVOID LITIGATION
   11:15 - 12:15
   1. Procedural Considerations - How to Take Advantage of Litigation Shields in the Law
   2. Prudent Investor Act - Closing the Door to Suits Based on Improper Investments
   3. Creditor's Claims - Understanding Notice and Statute of Limitations Issues
   4. Checking for Conflicts of Interest to Avoid Compensation Disputes Regarding Personal Representatives and Trustees
   5. When Family Members Acting as Co-Fiduciaries Can't Agree
   6. How to Handle the Removal or Resignation of Personal Representatives and Trustees
   7. What to do When Clients Want to Terminate or Modify Irrevocable Trusts
   8. The Use of Mediation in the Administration Process
4. ETHICAL CHALLENGES REGARDING THE ESTATES OF QUARRELING FAMILIES
   1:15 - 2:15
   1. Examining Applicable Rules of Professional Responsibility
   2. Maintaining Confidentiality
   3. Who Do You Represent After the Death of the Client?
   4. Avoiding Conflicts of Interest and Attorney Malpractice
5. POWER OF ATTORNEY AND SELECT BENEFICIARY ISSUES ARISING FROM FAMILY DISCORD
   2:15 - 3:15
   1. Power of Attorney- Who Should Serve as Agent in the Contentious Family?
   2. Life Insurance and IRAs - The Importance of Updating Beneficiaries
   3. Real Property Issues Between Beneficiaries That Can Arise from the Estate's Distribution
   4. The Rights of Adopted and Illegitimate Children
6. CASE STUDY: SAMPLE SITUATIONS INVOLVING ESTATES AND UNHARMONIOUS FAMILY MEMBERS
   3:30 - 4:30
   1. Blended Families
   2. Disputes Between Adult Children

This basic-to-intermediate seminar will provide techniques on how to anticipate and avoid estate and trust litigation fueled by family conflict for:

• Attorneys
• Trust Officers
• Bankers
• Financial Officers