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Estate Planning Scams, Botched Trusts and Other Disasters

How do you tell a client that the costly “canned trust” purchased at a local trust seminar is wrong? Is it worth fixing? What can you do when your client brings you a family document drafted by another attorney? What should you do? What if one of the settlors has died or lacks capacity to restate or amend the trust? If you advise your client to reform the trust, how is this accomplished?

At this informative program, you’ll learn about the most common scams, blunders, and oversights so you can protect your client or undo the error and fix the client’s problem.

You will learn:

  • The signs of impending disaster
  • How to fix errors, omissions, and mistakes
  • When and how to reform a trust

Assumes some experience in handling trusts

Program Highlights

  • Source of Problems
    • Scams: hallmarks of scam products and sales techniques
    • Improper drafting/mistakes
  • Flawed but not fraud trusts
    • State courts vs. federal recognition
    • Pre-death reformation
    • Post-mortem reformation
    • Settlement
    • Income tax reporting
  • Abusive trusts/constitutional trusts/asset protection trusts/financial products
    • What to look for
    • Trust mills and other “illegitimate” organizations
    • Lawyer and non-lawyer liability
  • Funding and allocation issues
    • Incomplete funding
    • Post-death allocation of assets among subtrusts
    • Income tax issues
    • Statute of limitations
  • Unauthorized use by trustee
  • Disclaimers
  • Allocating and recovering death taxes
  • Failure to render accounts
  • Remedies
    • No-contest clauses
    • Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)

Specialization: Estate Planning, Trust, and Probate Law; Taxation Law

Workshop Course Dates in 2007
San Francisco - August 16 (Thursday), 9:00 am to 12:15 pm
Los Angeles - August 2 (Thursday), 9:00 am to 12:15 pm
Sacramento - July 26 (Thursday), 9:00 am to 12:15 pm
San Diego - July 27 (Friday), 9:00 am to 12:15 pm
Garden Grove - July 19 (Thursday), 9:00 am to 12:15 pm

© 2007 Estate Educators, Inc. All rights reserved.