Learn how to identify common estate planning mistakes and various elements to take into consideration.
Attorneys who engage in estate planning are confronted with many issues that need to be addressed. Some of the issues are not apparent but must be considered. This topic covers a number of issues that arise. There are ethical issues such as who is the client, the client who may have a diminished capacity and the attorney-client privilege. If a document is questioned, what are the obligations, if any, of the attorney drafts person who after death represents the fiduciary. There will be a discussion of drafting issues that the speaker has considered in his over 40 years of practicing law as a draftsperson and one time litigator. The attorney as fiduciary will also be discussed. This is a common occurrence but there are steps that are recommended when agreeing to accept. Acceptance can occur both when the documents are signed as well as when the fiduciary has to act. The subject of fiduciary fees will also be discussed, answering questions such as: Are the fees hourly, percentage, at what hourly rate, etc.? There are other issues to be considered including insurance, disposition of remains and file retention.
Agenda
Faculty
Kenneth E. Konop
Miller, Canfield, Paddock and Stone, P.L.C.
- Senior counsel with Miller, Canfield, Paddock and Stone, P.L.C.
- Practice emphasizes estate administration, estate planning, litigation and charitable entities
- Given numerous speeches and written articles during his 40 years of practice
- Member of ACTEC and former chairperson of the Estate Planning and Probate Section of the State Bar of Michigan
- Admitted in Michigan, Illinois and Washington, D.C.
- J.D. degree, Wayne State University School of Law; LL.M. degree in taxation, New York University; B.A. degree, University of Michigan
- Can be contacted at [email protected] or 248-267-3210
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