December 17, 2017

Top Ten Programs and Homestudies of 2016: Trust and Estate Law

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

The Top Ten Programs and Homestudies for Trust and Estate practitioners are featured today on Legal Connection. There are many, many other great Trust and Estate programs, and CBA-CLE also offers a wide array of great books for Trust and Estate practitioners. Visit cle.cobar.org/Practice-Area/Trust-and-Estate to peruse our selection of books and programs. And now, without further ado, here are the Top Ten Programs and Homestudies for Trust and Estate Lawyers.

10. Advanced Estate Administration: Complexities Explained
When are third party payors liable for distributions made to fiduciaries? How do you file a portability tax return? Will your malpractice insurance cover you if there is a tort claim for breach of fiduciary duty? Get answers to these complex questions and more from this Advanced Estate Administration homestudy! Also get tips on locating and collecting digital assets in our digital world. Also included: uncertainty regarding the legal test for capacity in Colorado, and ethics on conflicts of interest issues that arise in estate administration. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

9. Decanting, Digital Assets Act, and the Determination of Heirship Act — Trust & Estate Fall Update 2016
The name of the game for the program is NEW, NEW NEW! Attend to find out everything you need to know about the new decanting rules, the new determination of heirship statute, Colorado’s new Fiduciary Access to Digital Assets Act, and IRS Form 8971 and the new basis consistency rules. There will also be a discussion about the recent ATF regulation changes in the transference of firearms. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits.

8. Counseling Trustees on their Duties
This program defines “fiduciary,” including trustees, personal representatives, agents under powers of attorney, and others; explains the basic statutes, principles, and requirements of fiduciary administration; explains who can and cannot serve as a fiduciary; and provides an in-depth discussion of a trustee’s duties. Order the Video OnDemand here and the MP3 here. Available for 4 general credits.

7. Understanding Benefits — Trust & Estate Fall Update 2015
The Trust and Estate Fall Update is your guide for understanding benefits in its many forms for the estate planning practitioner.  Get the latest information on the available resources for long term placement in nursing homes, as well as the ethics of privity in estate planning. Whether it’s Medicaid, Medicare, Social Security or the Veteran’s Administration, this CLE has it all. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

6. 30 Cases Every Trust & Estate Lawyer Should Know
What are the cases you thought of when you read the title of this program? Spencer Crona dives into the cases that every trust and estate lawyer should know. He explains the holdings, and gives you analysis and key insights. Armed with this case list, you’ll never have to phone mother to say you won’t be a lawyer after all. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

5. Funding the Revocable Living Trust
The revocable living trust has been an important estate planning tool for those seeking to avoid probate and protect their privacy. The effectiveness of this strategy depends largely on proper funding of assets, without which the primary purpose of utilizing a revocable living trust rather than the traditional will, is defeated. Each type of asset owned by the client will have different challenges in preparing for transfer to the trust. Mr. Schmidt  reviews the issues encountered for the most commonly encountered types of transfers. You’ll also receive a PDF copy of the CBA-CLE book, Funding the Revocable Living Trust, authored by L. William Schmidt, Jr. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

4. No Contest Clauses — Current Perspectives on Estate Planning and Litigation
With the rise in post-mortem estate planning and the increasing ability to modify estate planning documents after death, clients are becoming more and more unsure of the finality of their estate planning. As a result, practitioners are experiencing an increase in the use and enforcement of in terrorem or “no contest clauses.” Similar to most states, Colorado law has long provided for the enforceability of no contest clauses subject to a probable cause exception. Taking into account the public policy considerations, risk analyses, and increasingly litigious nature of estate and trust beneficiaries, estate planning attorneys and probate litigators alike can benefit from learning more about no contest clauses and how they play out under Colorado law. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

3. Understanding and Using Trusts — A Nine Program Series
This series consists of nine programs, each dedicated to a key area of trust law. The expert members of the faculty will explain the purposes, mechanisms and key clauses included in a wide variety of trusts typical for a Colorado trust and estate practice. They will explain the client needs that each trust addresses and how each type of trust meets those needs. The faculty will also point out common errors that practitioners sometimes make when working with these trusts. Other important issues that concern trusts, such as taxation, ethics, liability, and malpractice will also be covered. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Entire series available for 36 general credits.

2. Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration
Through this course and his comprehensive treatise, Mr. Wade provides a thorough commentary on the law of wills, trusts, and fiduciary administration, focusing on leading Colorado cases, the probate code, and related fiduciary statutes. Each homestudy order receives a copy of the CBA-CLE book Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, 7th Edition, as part of the course materials for this program. Please note the book will be provided in PDF. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits, including 1 ethics credit.

1. 36th Annual Estate Planning Retreat
This annual three-day conference is a can’t-miss event for trust and estate practitioners. A wide range of topics are discussed each year. Last summer’s event covered such topics as “Advising Clients on the Mandatory Reporting of Abuse,” “Just Say No! Don’t Leave Your Client with Outdated Discretionary Distribution Language,” “Insurance Coverage Issues in Estate, Trust, and Fiduciary Litigation,” and much more. Although the event is live-only, planning is well underway for the 2017 program. Save the date! The 37th Annual Estate Planning Retreat will take place from June 8-10, 2017, at the Vail Marriott Resort & Spa. Look for registration information at EstatePlanningRetreat.org.