Estate Planning and Probate Section – “Dad died, Mom is sick, and I am the Trustee – Now What?” – May 12

Estate Planning and Probate Section – “Dad died, Mom is sick, and I am the Trustee – Now What?”
Thursday, May 12, 2022
12:00-1:15 p.m.
Via Zoom

It is common to hear the following story in our practice –  Mom and dad have been married for decades. Mom’s memory has been getting a lot worse over the years, but I didn’t know how bad things were until Dad died. Dad did everything for her. Mom doesn’t know any of the accounts, passwords, or where the estate documents were. Dad did his best, but he had a lot on his hands caring for Mom. Now I am left as Trustee of their Revocable Trust and trying to take over Mom’s care. She can’t even be left alone for a few hours. What do I do?

Please join the Estate Planning and Probate Section on Thursday, May 12, 2022 where the speaker Elijah Keyes will cover the basic steps to administer a joint revocable trust after the first spouse’s death and key steps to protect the adult child trustee as she takes over without the help of the surviving parent.

Elijah Keyes is a Certified Specialist in Estate Planning, Trust and Probate law. He has more than 10 years experience in estate planning and trust work. With an office in Milpitas, he serves clients through the San Francisco Bay Area. Mr. Keyes graduated from Golden Gate University School of Law.

Cost: Free for section members and $10 for non-section members

Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.

Registration: Please log-in on the SMCBA website to register for this event. The Zoom invite and materials for the webinar will be emailed to attendees the day before and morning of the event.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount. You will receive 1 hour of General Law MCLE credit for attending this event. The MCLE certificates will be made available in the week following the event.

Estate Planning and Probate Section – You Left Your Tab Open: Successfully Prosecuting Creditor’s Claims When Descendent Fails to Settle Up – May 19

Estate Planning and Probate Section – You Left Your Tab Open: Successfully Prosecuting Creditor’s Claims When Descendent Fails to Settle Up
Thursday, May 19, 2022
12:00-1:00 p.m.
Via Zoom

Please join the Estate Planning and Probate Section on Thursday, May 19, 2022 for a virtual presentation where our guest speakers Tomasene A. Knight and Kendal Fletcher of Sheppard Mullin will be discussing prosecuting and defending claims against trusts and estates and collecting on those claims post-judgment.  The presentation will include a discussion of the interplay between the statute of limitations under CCP section 366.2, the strict creditor’s claim requirements under Probate Code sections 9000 et. seq., and other relevant statutes of limitation, potentially running through the procedures and deadlines for establishing a claim as a creditor (including where there is no probate estate open), and procedures for and pitfalls of collecting on the judgment from non-probate/trust assets.

Tomasene A. Knight’s practice focuses on disputes over trusts, estates, conservatorships and other fiduciary matters. She represents individuals, corporate trustees, private professional fiduciaries, and families through all aspects of trust and probate litigation, at both the trial court level and on appeal, including in will and trust contests, breach of fiduciary duty cases, accounting actions, judicial construction and modification of trusts, elder abuse actions, and contested conservatorship proceedings. She got her B.A. at California State University, Sacramento in 2007 and then got her J.D. and graduated magna cum laude from the University of San Francisco in 2013.

Kendal Fletcher’s practice focuses on private wealth and fiduciary litigation, including but not limited to: will and trust contests, trustee removal and surcharge actions, contested conservatorships, complex accounting disputes, financial elder abuse actions, judicial construction and modification of trusts, and related “civil” claims. She got her B.A. at the University California, Davis, in 2007 and then received her J.D. from the University of San Francisco in 2011.

Cost: $20 for members and $30 for nonmembers. You also get 1 hour of MCLE credit.

Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.

Registration: Please log-in on the SMCBA website to register for this event. The Zoom invite and materials for the webinar will be emailed to attendees the day before and morning of the event. If you want to pay by check, still, please register online first and send your check payable to SMCBA and note your name and this event.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount. You will receive 1 hour of General Law MCLE credit for attending this event. The MCLE certificates will be made available in the week following the event.

Estate Planning and Probate Section – Tips For Real Property Transfers to Beneficiaries After Prop 19 (Live Webinar) – April 21

Estate Planning and Probate Section – Tips For Real Property Transfers to Beneficiaries After Prop 19 (Live Webinar)
Thursday, April 21, 2022
12:00 p.m.-1:00 p.m.
Via Zoom

Please join the Estate Planning and Probate Section on Thursday, April 21, 2022 for a live webinar where speaker Brian Shetler will share tips on tools still available for advisors to help their clients effectively minimize increases in Prop 13 base-year values through tried and true methods. Tools that remain in place include the entity planning while tracking original co-ownership interest transfers, co-ownership planning for primary residences, and original transferor planning for joint tenancies. Despite Prop 19 essentially repealing the parent-child and grandparent-grandchild exclusions from reassessment, there are still some effective tools available to avoid reassessments with proper planning.  

Brian Shetler is an attorney at Berliner Cohen in San Jose, CA. Mr. Shetler has 24 years of experience as a lawyer. He specializes in Estate Planning, Trust and Probate Administration, Cross-Border Tax, Tax Law, and Probate, Trust, and Estate Litigation. He graduated from Golden Gate University School of Law with an LL.M in 1998 and a J.D. from Santa Clara University School of Law.

Cost: $20 for members and $30 for nonmembers. You will also receive MCLE credit.

Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.

Registration:  Please log-in on the SMCBA website to register for this event. The Zoom invite and materials for the webinar will be emailed to attendees the day before and morning of the event.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount. You will receive 1 hour of General Law MCLE credit for attending this event. The MCLE certificates will be made available in the week following the event.

Estate Planning and Probate Section – Let’s Get Digital! Electronically Stored Information in Trust and Estate Litigation – March 17

Estate Planning and Probate Section – Let’s Get Digital! Electronically Stored Information in Trust and Estate Litigation
Thursday, March 17, 2022
12:00-1:15 p.m.
Via Zoom

Please join the Estate Planning and Probate Section on Thursday, March 17, 2022 for a presentation where speakers Scott Fraser and Matthew Owens will discuss aspects of electronically stored information (“ESI”) that every trust and estate litigator should know. The first part will address the rules governing ESI and provide practical guidance for applying those rules in the context of sources of ESI and electronic devices commonly found by trusts and estates attorneys.  The second part will address best practices for requesting and responding to e-discovery, asserting appropriate objections, discovery of information that is not reasonably accessible, and compelling production of information in trust and estate litigation matters.

Scott Fraser’s estate planning practice focuses on estate planning and wealth transfer strategies for high net worth individuals, owners of closely held businesses, and holders of employee stock options. Mr. Fraser works closely with each of his clients to craft a customized plan that meets their individual needs, including the use of revocable trusts, irrevocable gifting trusts (IDGT, CRT, ILIT, GRAT, etc.), closely held business entities, and charitable gifting. Mr. Fraser has a J.D. from Santa Clara University of Law and B.A. from San Diego State University.

Matthew Owens focuses his practice on trust, estate, and inheritance disputes. He has prosecuted and defended a wide range of matters in probate court, including trust contests, elder abuse actions, accountings, contested conservatorships and claims involving breach of fiduciary duty. His clients include high net worth individuals and families, corporate trustees, and private professional fiduciaries. Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization.

Cost: $20 per person for Estate Planning Section members and $30 for non-section members. Cost includes 1.0 hours of MCLE credit.

Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.

Registration: Please log-in on the SMCBA website to register for this event. The Zoom invite and materials for the webinar will be emailed to attendees the day before and morning of the event. If you wish to pay by check, please send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note which event you are paying for and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Barristers Section – Brown Bag With Judge Grandsaert – March 16

Barristers Section – Brown Bag With Judge Grandsaert
Wednesday, March 16, 2022
12:00-1:30 p.m.
Via Zoom

Please join the Barristers Section for this free, virtual bring-your-own lunch event on Wednesday, March 16, 2022 with Judge Grandsaert to get his insights on appearing for Probate matters.  MCLE credit will be provided for this event. Please contact the Barristers Executive Board with any questions.

Judge Grandsaert is a judge for the Superior Court of San Mateo County in California. He was appointed by former governor Arnold Schwarzenegger in 2004. His term expired in January 2019. Judge Grandsaert received his undergraduate degree from the University of San Francisco and his J.D. from the University of California-Hastings College of the Law.

Cost: Free for members and nonmembers

Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.

Registration: Register online through the SMCBA website to receive the Zoom link.  

Logistics: To receive MCLE credit, you must sign in during the designated MCLE registration period. This activity is
approved for Minimum Continuing Legal Education credit by the State Bar of California. SMCBA is a certified provider.