Estate Planning and Probate Section- Planning for Tomorrow…Today: The Role of a Professional Fiduciary in Estate Plans- November 10

Thursday, November 10, 2022

Via Zoom at 12:00pm

Description: Trust and estate attorneys often need to educate their clients on the various roles to be filled in an estate plan and professional fiduciaries are often the missing piece of the estate plan puzzle.  The speakers will provide an overview of the professional fiduciary profession and will discuss common scenarios in which professional fiduciaries are called upon to serve in estate plan roles. The presentation will also cover, on a practical level, what services a professional fiduciary provides and what clients can expect when working with a fiduciary

Cost: Free for SMCBA members and $10 for non-members, cost includes 1.0 hour of General Law Credit

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying 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. Please note that you’ll need to be logged into a Zoom account to join the meeting. 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.

Estate Planning & Probate Section- Subtrust Allocation for Litigation Attorneys- November 17

Thursday, November 17, 2022

Via Zoom at 12:00pm

Description: During this presentation, Judge Glen Reiser (Ret.) will discuss various critical aspects of subtrust funding as part of the trust administration process.  Often, upon a first death of a spouse and, at times, upon the death of the second spouse to die or a single person, the subject trust includes requirements and guidance for administering the trust regarding the allocation of assets to various subtrusts for the benefit of one or more beneficiaries.  As we are seeing it more and more in the courts and mediation, subtrust allocation decisions by a trustee can turn into having to defend a claim against such trustee for failure to, among other things, collect assets and obtain date of death values, property manage assets, and fairly allocate assets among subtrusts in accordance with the terms of the trust.  The presentation will cover important concepts such as a trustee’s administrative duties, marital deductions, pro-rata allocation of assets, community property and separate property characterizations, gift and estate taxes, and portability, all in light of trust litigation. Judge Glen Reiser (Ret.) will teach these concepts by reviewing trust provisions and discussing hypotheticals and relevant recent case law. Litigators, trust administration lawyers, and estate planning lawyers will all benefit from attending this presentation to better allocate assets to subtrusts, lower the likelihood of litigation, and successfully complete the trust administration process

Cost: Cost is $20 per person for members of the SMCBA Estate Planning Section and $30 for others. Cost includes 1.0 hour of General Law MCLE.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying 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. Please note that you’ll need to be logged into a Zoom account to join the meeting. 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.

SMCBA – Diversity 14th Annual Speakers Series- October 20

Thursday, October 20, 2022

Location: San Mateo County History Museum
“The Old Courthouse”
2200 Broadway
Redwood City, CA  94063

The Diversity, Equity, & Inclusion Committee is proud to present its award-winning 14th Annual Speakers Series. Our annual Speaker Series event will be conducted live at the “The Old Courthouse,” on Thursday, October 20, 2022, from 5:00pm to 7:30pm. You are invited to join us in person! 

This year, the Diversity, Equity, & Inclusion (DEI) Committee has invited Andre M. Perry and Marc Philpart to speak at the Annual Speakers’ Series. They will discuss the historical devaluation of property owned by Black Americans, and the structural inequalities that perpetuate the system. They will also discuss the systems that are in place that affect people of color with regards to health, education, and welfare.

Andre is a Senior Fellow at Brookings Metro and a scholar-in-residence at American University. A nationally known and respected commentator on race, structural inequality, and education, Andre is the author of the book “Know Your Price: Valuing Black Lives and Property in America’s Black Cities.” Andre’s research focuses on race and structural inequality, education, and economic inclusion. His recent scholarship at Brookings has analyzed Black-majority cities and institutions in America, focusing on valuable assets worthy of increased investment. Prior to his work at Brookings, Andre has been a founding dean, professor, award-winning journalist, and activist in the field of education.

Marc became the executive director of the California Black Freedom Fund in April 2022, bringing more than a decade of leadership in advocacy working with grassroots organizations to build power for racial justice. Prior to joining the California Black Freedom Fund, Marc led the Alliance for Boys and Men of Color. Under his leadership, the Alliance successfully advanced more than 100 state policies and established powerful partnerships with the California Senate and Assembly Select Committees on the Status of Boys and Men of Color and the California Funders for Boys and Men of Color. Through Marc’s leadership, the Alliance broadened its focus to include fighting for gender justice and ending intimate partner violence by addressing misogyny and patriarchy, as well as racial equity.

The following recognitions will be made at the event:

Les Williams Award
The Diversity Award Recognizes an individual or organization who has demonstrated a meaningful and consistent commitment to increasing and maintaining diversity in San Mateo County at all levels of the legal profession.

Nancy de Ita Scholarship
The Scholarship is given to an incoming/current law student, or recent graduate who has not passed the bar exam to encourage and support their commitment to the legal profession and diversity in our community.

1 Hour of Elimination of Bias MCLE will be provided upon request. 

Cost: This event is FREE for SMCBA members. For non-SMCBA members, the cost of attendance is $40 (in-person). 1 hour of Elimination of Bias MCLE will be provided upon request for an additional $10.

Registration: Please log-in on the SMCBA website to register for this event. You may also download the PDF Registration Form and email back to us at events@smcba.org.

Become a Sponsor for next year’s scholarship winner(s):

  • Bronze – $100
  • Silver – $250 
  • Gold – $500

Sponsors will receive an SMCBA gift, recognition in event announcements, and visual recognition (Firm Logo) at the event. For more information or to sign up as a sponsor, please email us at events@smcba.org

Estate Planning & Probate Section- California Taxation of Individuals and Trusts- October 20th

Thursday, October 20, 2022

Via Zoom at 12:00pm

Description: Mr. Hepworth, Mr. Steady, and Ms. Knight will provide an overview of the rules governing California taxation of individuals and trusts, as well as various strategies for minimizing and deferring California taxation, including through trusts located in more tax favorable jurisdictions

Cost: $20 per person for members of the SMCBA Estate Planning Section and $30 for Members and Non-Members; 1.0 General MCLE Credit included.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying 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. Please note that you’ll need to be logged into a Zoom account to join the meeting. 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.

Estate Planning & Probate Section- Recent Updates In Medi-Cal Eligibility, Recovery, and Planning- September 15th

Thursday, September 15th, 2022

Via Zoom at 12:00pm

Description:

Attorney Mercy Hall will go over recent and upcoming changes to Medi-Cal eligibility and approaches to benefits planning in light of the same.

Cost: $20 for SMCBA Estate Planning & Probate Section members, $30 for non-members. Cost includes 1.0 hour of General Law MCLE credit and Estate Planning Credit.

Registration and Information: Please click on the button below to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying 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. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email smcba@gryphonevents.com or fax (510) 588-4543.

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.

Estate Planning/Probate Section – Corporate Crossover Issues with Estate Planning: Current Developments and What Estate Planners Should Know About the Corporate Transparency Act – June 16

Estate Planning/Probate Section – Corporate Crossover Issues with Estate Planning: Current Developments and What Estate Planners Should Know About the Corporate Transparency Act 
Thursday, June 16, 2022
12:00-1:15 p.m.
Via Zoom

Martin Behn and Brendan Lund will discuss updates in the law for LLCs/LPs; what the new corporate transparency act means for LLCs/LPs/C-Corps/S-Corps and how to comply with the law (as we know it today, or what requirements there will be), penalties associated with the Corporate Transparency Act, and those that can apply to practitioners that setup the corporations; and also crossover issues with estate planning (beyond discounts for FLPs and sales), like why we would use an LLC to shield liability on personal residences during construction, or how we use them to shield true ownership of the LLC/LP in home purchases.

Cost: $20 for Estate Planning/Probate Section members and $30 for non-section members.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying 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. Please note that you’ll need to be logged into a Zoom account to join the webinar. 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.

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.