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| From Event: Your Step-by-Step Guide through Troubled Probate, held December 2011.
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Program Description
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Are you prepared for every contingency impatient beneficiaries and absent-minded PRs can throw your way? Do you know how to handle an estate when the creditors are banging on the decedent's door? We've compiled this little shop of probate horrors for you to learn from others' mistakes before you stumble into them. Whether you're new to the area of probate law or have practiced it for years, you will find this “walkthrough of errors” useful. Don't get caught unprepared – order today!
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Course Content
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- Probate Avoidance Trusts - Why They Don't Work in Louisiana
- Importance of Independent Administration
- Fundamental Principles of Will Drafting
- Basic Tax Considerations - What You Need to Know in Order to Choose the Appropriate Plan
- Dealing With Disabled and Incompetent Heirs
- Durable Powers of Attorney and Advance Medical Directives
- Ethics and Estate Planning
- Fundamentals of Medicaid Planning in Louisiana
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- PROBATE AVOIDANCE TRUSTS - WHY THEY DON'T WORK IN LOUISIANA
9:00 - 9:45, Steven M. Jankower and Joseph M. Placer Jr. - What is a Revocable Living Trust?
- Do Revocable Living Trusts Really Avoid Probate?
- Are There Any Benefits to Revocable Living Trusts in Louisiana?
- What are the Downsides to Revocable Living Trusts in Louisiana?
- IMPORTANCE OF INDEPENDENT ADMINISTRATION
9:45 - 10:30, Steven M. Jankower and Joseph M. Placer Jr. - Avoiding Conflicts of Interest
- Why Independent Administration is Preferable Over no Administration
- Who Can Consent to Independent Administration
- FUNDAMENTAL PRINCIPLES OF WILL DRAFTING
10:45 - 11:30, Steven M. Jankower and Joseph M. Placer Jr. - Selecting the Vehicle - Initial Advice to the Client
- Checklist for Gathering Client Information
- The Statutory ABCs: What is Required?
- Methods of Designating Fiduciaries
- Disinheritance and No Contest Clauses - Will They Stand?
- Protective Clauses for Minors, Incompetent Persons and Beneficiaries With Special Needs
- Building Flexibility Into the Plan - Checklist of Special Provisions
- Developing a Document Preparation System
- BASIC TAX CONSIDERATIONS - WHAT YOU NEED TO KNOW IN ORDER TO CHOOSE THE APPROPRIATE PLAN
11:30 - 12:15, Steven M. Jankower and Joseph M. Placer Jr. - Tax Considerations of Drafting Living or Testamentary Trusts
- Marital Deduction Planning - Qualifications and Basic Formula Approaches
- Estate and Gift Taxes
- DEALING WITH DISABLED AND INCOMPETENT HEIRS
1:15 - 1:45, Steven M. Jankower and Joseph M. Placer Jr. - Problems Associated With Disabled and Incompetent Heirs
- Options for Addressing Problems
- Differences Between Interdiction and Continuing Tutorship
- Protecting Eligibility for Government Benefits
- DURABLE POWERS OF ATTORNEY AND ADVANCE MEDICAL DIRECTIVES
1:45 - 2:20, Steven M. Jankower and Joseph M. Placer Jr. - Pertinent Louisiana Civil Code Articles Concerning Durable Powers of Attorney
- Durable Powers of Attorney as a Part of Sensible Basic Estate Planning
- Medical Powers of Attorney and HIPAA
- Pertinent Louisiana Legislation Concerning Advanced Medical Directives ("Living Wills")
- Differences Between Living Wills and Health Care Powers of Attorney
- Pros and Cons of Living Wills
- ETHICS AND ESTATE PLANNING
2:35 - 3:35, Steven M. Jankower and Joseph M. Placer Jr. - Avoiding Conflicts of Interest
- Identifying the Client
- Validity of Provisions in Will Naming Attorney for Estate
- Competency and Dealing With Clients With Diminished Capacity
- Distinguishing Privileged and Non-Privileged Communication
- Establishing Attorney's Fees
- Attorney-Client Privilege
- Communicating With the Client
- Importance of Using Law Office Management Software
- FUNDAMENTALS OF MEDICAID PLANNING IN LOUISIANA
3:35 - 4:30, Steven M. Jankower and Joseph M. Placer Jr. - Medicaid in Louisiana - Individuals in Need of Benefits can Qualify if They are Willing to Wait
- Louisiana's Forced Heirship Laws Make Medicaid Planning Critical
- Medicare and Medicaid - They May Sound the Same but They're Not
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Can a Medicaid Recipient Own Assets and Still Qualify for Benefits? - Congress Passes Sweeping Changes in Medicaid Eligibility Rules - the Deficit Reduction Act of 2005
- Why Can't We Give It Away?'' - Donating Assets can Trigger Stiff Medicaid Penalties
- Medicaid Estate Recovery - when the Government Wants it Back
- Medicaid Planning for Long-Term Care of a Spouse
- Common Myths and Misconceptions About Medicaid Planning
- Legality of Medicaid Planning - Do Granny and Her Attorney go to Jail?
- Advantages and Disadvantages of Special Needs Trusts
- Determining if a Special Needs Trust is Right for Your Client's Needs
- Medicaid Planning and OBRA '93
- Establishing Special Needs Trusts With Disabled Individual's Assets and Personal Injury Awards
- Establishing Special Needs Trusts With Assets of Parents or Third Parties
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STEVEN M. JANKOWER has practiced law in Lafayette, Louisiana, for more than 25 years. Mr. Jankower has focused much of his practice on the handling of estate planning issues involving families with disabled and special needs members. He currently serves as president of the Board of Directors of the Lafayette Association of Retarded Citizens (LARC), is a past president of Families Helping Families of Acadiana, and is immediate past chairman of the Lafayette City-Parish President's Advisory Committee for Citizens with Disabilities. Mr. Jankower also is a member of the Volunteers of America Advisory Board and the Down Syndrome Association of Acadiana. He has written several articles on the subject of estate planning for the disabled through use of special needs trusts, and his most recent article entitled "Why Every Attorney Should Consider Medicaid Planning Issues When Settling Personal Injury Claims" was published in the August/September 2007 issue of the Louisiana Bar Journal. Mr. Jankower also writes a monthly newsletter on Medicaid planning issues. He is a graduate of the University of Southwestern Louisiana and the Louisiana State University Law School. JOSEPH M. PLACER JR. is an attorney in Lafayette, Louisiana, where he practices in the areas of estate planning; succession/probate; and personal and business tax planning, including corporations, partnerships/limited liability companies and nonprofit organizations. He has been certified by the Louisiana State Bar Association's Board of Legal Specialization as an estate planning and administration specialist and as a tax law specialist. He earned his B.S. and J.D. degrees from Louisiana State University, and his LL.M. degree from the University of Denver Law School. Mr. Placer is a member of the Louisiana State Bar Association, the Colorado Bar Association, the Lafayette Parish Bar Association and the Denver County Bar Association.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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