Audio CD + Course Book

Estate Planning and Administration: The Complete Guide

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77436CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 10.75
From Event: Estate Planning and Administration: The Complete Guide, held December 2017.

Program Description

Every client's estate is unique in its assets composition, family dynamics and future needs, but all are ruled by the same principles and are subject to the same tax and legal limitations. In this comprehensive legal guide, experienced attorney faculty will guide you through the process of estate planning and administration and show you how to select the best trust instruments and wield them skillfully to avoid mistakes at probate. They will also teach you how to properly administer the estate and tackle potential mistakes of improperly drafted documents, changed circumstances and newly arising conflicts. Become fully prepared to protect your client's legacies - order today!

Course Content

DAY 1: ESTATE PLANNING AND TRUST BASICS

  1. Key Laws and Client Intake/Goal Setting
  2. Testamentary Documents - Drafting Do's and Don'ts
  3. Common Trust Structures and When They're Used
  4. Transfers During Life and Inter-Vivos Trusts
  5. Tax Consequences of Trusts

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process Overview
  2. Planning for Long-Term Care and End-of-Life Decision
  3. Legal Ethics in Estate Practice
  4. Trust Administration and Termination Basics
  5. Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 10.75 ME - Credit Approval Expiration 12/18/2019 *


* denotes specialty credits

Agenda / Content Covered

DAY 1: ESTATE PLANNING AND TRUST BASICS

  1. Key Laws and Client Intake/Goal Setting
    9:00 - 10:15, Kathleen E. Kientz
    1. Laws Governing the Estate Practice
    2. Current Federal Tax Regime
    3. Relevant State Taxes
    4. Reasons for Setting Up Trusts
    5. Client Meetings and Customizing Client Intake Forms
  2. Testamentary Documents - Drafting Do's and Don'ts
    10:30 - 11:45, Tudor Goldsmith
    1. Wills vs. Trusts
    2. Testamentary Trust vs. Inter-Vivos Trust with a Pour-Over Will
    3. Designating Fiduciaries
    4. Recording Assets - Checklist
    5. Sample Will Review
  3. Common Trust Structures and When They're Used
    12:45 - 1:45, Tudor Goldsmith
  4. Transfers During Life and Inter-Vivos Trusts
    1:45 - 3:00, Nicolas T. Carter
    1. Beneficiary Designations
    2. Titling Assets
    3. Gifting Approaches
    4. Tax Effects of Asset Transfers During Life
    5. Top Creditor Protection Approaches
    6. Planning for Real Estate
    7. Types and Functions of Common Living Trusts
  5. Tax Consequences of Trusts
    3:15 - 4:30, Nicolas T. Carter

DAY 2: PROBATE AND ESTATE ADMINISTRATION

  1. Probate Process
    9:00 - 10:15, Brian L. Champion
    1. Crucial Due Dates Timeline
    2. Community Property Law in Estate Administration
    3. Intestacy Rules
    4. Executor's Duties and Powers
    5. Administration Process Checklist
    6. Dealing with Creditors
  2. Planning for Long-Term Care and End-of-Life Decisions
    10:30 - 11:45, Paul D. Shapiro
    1. Financial Powers of Attorney
    2. Advance Medical Directives
    3. Planning for Retirement and Estate Planning
    4. Long-Term Care Placement Options
    5. Funding Long-Term Care
    6. Medicaid Planning and Estate Recovery
      1. The Lookback Rules and the Penalty Period
      2. Exempt vs. Non-Exempt Assets
      3. Outright Gifts vs. Gifts Into Trust
    7. Special Needs Planning
  3. Legal Ethics in Estate Practice
    12:45 - 1:45, Misha C. Pride
    1. Who is Your Client?
    2. Testamentary Capacity
    3. Protecting Confidentiality
    4. Attorney Fees
  4. Trust Administration and Termination Basics
    1:45 - 3:00, Maryellen Sullivan
  5. Closing the Estate
    3:15 - 4:30, Maryellen Sullivan
    1. Final Accounting
    2. Final Tax Returns
    3. Final Beneficiary Distributions

NICOLAS T. CARTER is an attorney with Jones, Kuriloff & Sargent, LLC, in Ellsworth. Mr. Carter concentrates his practice in estate planning and elder law. Prior to joining JKS, he served as the statewide bankruptcy expert for the Massachusetts Office of the Attorney General’s HomeCorps initiative. He was also the owner of Carter Legal Services in Portland, a business that provided consumer protection and bankruptcy counsel. Mr. Carter has volunteered his time to Pine Tree Legal Assistance and the United States Attorney’s Office for the District of Maine. He is a graduate of the University of Maine School of Law and is admitted to the bars of Maine, Massachusetts, and the Federal District of Maine. Mr. Carter is a member of the National Academy of Elder Law Attorneys.

BRIAN L. CHAMPION is a partner with the law firm of Libby O'Brien Kingsley & Champion, LLC. Mr. Champion represents individuals, families, and fiduciaries in matters involving the settlement and administration of estates, probate litigation, business succession planning, and wealth transfer and preservation planning, including the creation of wills and trusts. He represents family members in a variety of related matters, such as preparing prenuptial agreements, divorce, and post-divorce cases. Mr. Champion is a member of the Maine State (fellow), New Hampshire, Massachusetts, Boston, and District of Columbia bar associations. He earned his B.A. degree, with distinction and honors, at the University of Maine and his J.D. degree at the University of New Hampshire School of Law.

TUDOR GOLDSMITH is a member of Jensen Baird Gardner & Henry’s trusts and estates and probate litigation practice groups. After earning her B.A. degree from Hamilton College, Ms. Goldsmith worked several years in nonprofit administration before returning to school to study law. She then graduated, summa cum laude, from the University of Maine School of Law, where she was awarded the ALI/ABA Scholarship and Leadership Award for the law student in the graduating class who best represented a combination of scholarship and leadership. Following her graduation from law school, Ms. Goldsmith clerked for the Honorable Jon D. Levy at the Maine Supreme Judicial Court. She is a member of the Maine State Bar Association and the American Bar Association.

KATHLEEN E. KIENITZ has practiced elder law and estate planning in Lewiston for 17 years. Her firm, Elder Law Offices of Kathleen Kienitz, PA, concentrates in elder law and disability planning, estate planning and probate. She has been the past chairperson of the Elder Law Section of the Maine State Bar Association. She is one of just two certified elder law attorneys in the state of Maine. Ms. Kienitz is an active member of the National Academy of Elder Law Attorneys and a frequent Planning Committee and faculty member of the New England Regional Elder Law Symposia. She also writes and speaks extensively on the topics of elder law and estate planning. Ms. Kienitz graduated from Michigan State University, summa cum laude, with a B. Mus. degree, and earned her J.D. degree from Northeastern University School of Law.

MISHA C. PRIDE is an attorney with Drummond & Drummond, LLP. His practice focuses on elder law and estate planning. He assists clients with all facets of elder care, including matters like powers of attorney, advanced health care directives and living wills, as well as estate planning matters including wills, gifts, trusts and transfer of wealth. Mr. Pride is a member of the Maine State Bar Association's Elder Law Section, National Academy of Elder Law Attorneys, Maine Estate Planning Council, and ElderCouncil. He is admitted to practice in Maine, Massachusetts and New Hampshire. Mr. Pride earned his undergraduate degree from the University of New Hampshire and his J.D. degree from the University of Maine School of Law.

PAUL D. SHAPIRO is an attorney with Carlin & Shapiro, P.A. Mr. Shapiro handles most of the firm's litigation and appears statewide in probate court. He has been invited by different organizations throughout the state of Maine to speak on estate planning techniques for families with disabled children. Mr. Shapiro is a member of the National Academy of Elder Law Attorneys and is licensed to practice in both Maine and Massachusetts. He assists with developing estate plans that maintain a tax deferred asset’s benefits for the next generation. Mr. Shapiro is involved with many of the more complex MaineCare applications the firm handles. He earned his undergraduate degree, cum laude, from Wheaton College; and his J.D. degree, cum laude, from the Boston University School of Law.

MARYELLEN SULLIVAN is an attorney with Port City Legal, LLC, where she focuses her practice on wills, trusts, estate planning, and probate administration. Her probate practice ranges from simple assistance with asset distribution to complex taxation issues and family dynamics. Ms. Sullivan has worked in probate court to secure guardianships for both incapacitated adults and minor children, as well as adoptions. She also welcomes appellate work. Ms. Sullivan is a member of the Maine State Bar Association, Maine Estate Planning Council, and the Elder Law and Womens' Law sections of the bar. She has taught several legal workshops on estate planning and probate issues, and also gives presentations on these subjects to community groups and other organizations. Ms. Sullivan earned her B.A. degree from the University of Virginia and her J.D. degree, cum laude, from the University of Maine School of Law.

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

Accreditation Details:

Continuing Legal Education

ME CLE: 10.75 Credit Approval Exp
12/18/2019
Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 10.75 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.


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