Do You Realize That Estate Planning
and Administration Are Growing
Targets of Litigation?

This is Philip Kavesh, President of The Ultimate Estate Planner, Inc. and estate planning attorney. Let me tell you a shocking true story. I attended a State Bar conference, mistakenly entered the wrong lunch room and heard the speaker declare something to the effect of: “Fellow litigators, I’m pleased to announce the newest burgeoning area of litigation - - estate planning and trust and estate administration!” (Needless to say, I had great difficulty eating lunch after hearing that!)

Unfortunately, what I’ve seen in my own practice has confirmed this sorry state of affairs. Ten years ago, beneficiaries hardly ever “lawyered-up”. Now, I find that at least one beneficiary is represented by separate counsel - - who, often turns out to be in many estate administrations a litigator, not an estate planning attorney!

Many factors have contributed to this:

  • Clients are living much longer with diminished capacity and incapacity - - and many actions by the client, attorney and trustee may be called into question
  • Many more families are “blended,” with children of more than one marriage fighting between each other and with the surviving spouse
  • More sophisticated estate planning over the last 20 years has included more continuing trusts for beneficiaries - - who don’t like being “ruled from the grave”!
  • Many “younger generation” beneficiaries are spenders rather than savers, like their parents, and seek to get “every last penny they’re entitled to”!

As an estate planner, you’ve got to be concerned about and prepared for many issues you didn’t have before - - otherwise, you may be pulled into an action against the trustee or executor!

Learn how to be properly prepared.

Join us for a special 3-part series entitled, “Avoiding Malpractice and Handling Beneficiary Conflict”, presented by renowned estate and trust litigator, as well as estate planning attorney, Marshal Oldman, J.D.

These extremely informational and practical 90-minute presentations will cover:

Part 1: Avoiding the Critical Malpractice Issues

  • Estate Planning Malpractice
    • Cases imposing liability in favor of third party beneficiaries
    • The statute of limitations or the lack thereof
    • Problems of ethics conflicts, or not properly understanding and working with your clients
    • Failure to anticipate problems
    • Actions that do and do not lead to malpractice exposure
  • Trust and estate administration
    • Participating in the breach of trust
    • The big Conflict problem - - the notion of “the family attorney”
    • Failure to advise the right parties regarding deadlines
    • Issues arising out of litigation
    • No contest clauses - - fact or fiction?

Part 2: Proper Defense of the Trustee

  • Spotting problems before they become serious and advising the trustee
  • Accounting issues
  • Removal issues and conflicts of interest
  • Third party disputes - - should the creditor’s claim procedure be used?
  • Allocation of legal fees for defense of the trustee
  • Use of mediation to find solutions to disputes over the trustee’s actions

Part 3: How to Handle Family Disputes

  • Anticipating disputes in the planning process
    • No contest claims
    • Separating the disputing parties with life insurance
    • Documenting the testator’s desires
    • Designating the trustee
  • Disputes in the administration process
    • Advising the family member trustee
    • Attempting to include family members into building a consensus
    • Using court petitions for instruction and notices of proposed action
    • No contest clauses
    • Dividing the estate to avoid tying disputing family members together
    • Handling the contest or other litigation when filed
  • And much, much more!
  • Program Title: Avoiding Malpractice and Handling Beneficiary Conflict
  • Speaker:
  • Duration: 90 minutes

Marshal A. Oldman

Esq.
Marshal A. Oldman

Marshal A. Oldman, Esq. is a member of the Law Office of Oldman, Cooley, Sallus, Gold Birnberg & Coleman, LLP in Encino, California and practices in the areas of Probate and Trust administration, litigation, conservatorships and estate planning.

Marshal graduated from University of Southern California in 1973 and went on to earn his Juris Doctorate from University of California Los Angeles in 1976.  He passed the California State Bar in 1976 and, soon after, became the Chairman of the San Fernando Valley Bar Probate Section.  He is a former member of the Executive Committee of the Los Angeles Bar Associate Probate Section and was later Chairman of the Probate Section in the County Bar Association.

Marshal was also Chairman of the Legislative Monitoring Committee of the County Bar Probate Section where he consulted with staff of Assembly Judiciary Committee, testified before Assembly Judiciary on probate legislation for the Los Angeles County Bar Probate Section and is still a current member.

Marshal was President of the San Fernando Valley Bar Association and a member of Board of Trustees of San Fernando Valley Bar Association. He was also a member of the Executive Committee of the Estate Planning, Trust and Probate Section of the State Bar of California,  Chairman of Incapacity, Chairman of Litigation and Chairman of the Trust and Estate section.

Marshal has authored numerous articles for the San Fernando Valley Bar Bulletin, the Probate Column for the Los Angeles Daily Journal, Journal of Western Legal History and for the Daily Journal Report.  He has also given numerous speeches before the Los Angeles County Bar Probate Section, San Fernando Bar, Santa Monica Bar, Pasadena Bar, CEB and other organizations.

Marshal has served as an expert witness in probate, attorney fee, legal malpractice and federal estate tax matters.

IMPORTANT NOTICE REGARDING CE CREDIT

The Ultimate Estate Planner, Inc. and the presenter are not registered Continuing Education Sponsors and this program is not pre-approved for continuing education credit for any state or regulatory agency.

However, please note that each program includes a Certificate of Completion and, depending on the license and the regulatory agency for which governs a participant’s CE credit, some professionals may be able to self-report his or her participation and receive credit. It is the responsibility of the participant to complete any process necessary to seek self-reported CE credit for his or her participation. By registering for a teleconference (or purchasing on On-Demand program), you understand that CE credit is not guaranteed or warranted by the presenter or The Ultimate Estate Planner, Inc.

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