advanced legal training institute
Powerful | Focused | Interactive Continuing Legal Education

FRIDAY, JANUARY 15, 2010 - SAN JOSE, CA

Introducing Advanced Legal Training Institute's 1-Day Seminar
"Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions"
(morning session)
"Avoiding the Draconian Dragnet of the §21350"
(afternoon session)

REGISTER NOW! One Ticket, 1/2 Off Second Ticket!

Attention: Attorneys, Financial Planners, Insurance Professionals, CPAs, Accountants, Tax Consultants, Enrolled Agents, Trust Officers, CEOs, Retired Executives and Other Professionals involved in estate planning, wealth preservation and probate issues...

"This seminar will provide an introduction and overview of the rapidly changing laws related to "No Contest Clause Legislation". In the morning you'll learn how to be prepared to draft documents under this new law. I will also discuss the pros and cons of adding the new clause to your client's current will and trust. There will be an opportunity to review this timely topic and get your questions answered. In the afternoon, we will look at the §21350 and discuss what is required to be compliant with the law. I'll reveal exactly what I have learned from my most challenging cases. These topics are timely and important. I'll provide you with the latest legal updates to help you provide your current and future clients with the most up-to-date information on the §21350. Please join us!"

Francis Burton Doyle, Esq., WealthPLAN Certified Specialist Tax Law & Probate, Estate Planning & Trust Law

Introducing Advanced Legal Training Institute's 1-Day Seminar
"Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions"
(morning session)
"Avoiding the Draconian Dragnet of the §21350"
(afternoon session)

Dear Legal Professionals,

Estate planning attorneys are not the only practitioners who need to understand trusts & estates issues, which arise in virtually every matter from corporate to real estate to matrimonial cases! Our programs provide non-estate planning attorneys with a basic understanding of the important estate planning issues in order for you to better serve your clients' needs.

• Learn everything you need to know about "No Contest Clauses". Explore all the options available for your clients! This seminar is a hands-on, interactive program where you get a chance to design and draft "No Contest Clauses" in the classroom.

• Learn what to do (and not to do) when analyzing the §21350 and avoid all the common mistakes. It's your chance to get the tools, techniques, advice and strategies to both protect and serve your clients.

Seminar Title "Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions" & "Avoiding Avoiding the Draconian Dragnet of the §21350"
Seminar Outline

9:00am-10:30 a.m.
I. Overview and Fundamentals of the California Law Regarding No Contest Clauses

A. Prior Statutory Law
B. Prior Case Law
C. The New Statute
D. How the New Law Works
E. Effective Dates

II. Problems

A. "Safe Harbor" Petitions no longer available
B. Dealing with the definition of "Probable Cause."
C. Dealing with Creditor's Claims under the new statute
D. Dealing with claims regarding ownership of decedent's property
E. Protecting the testator's intent

III. Pitfalls

A. Determining whether a contest is with probable cause
B. Inadvertent disinheritance
C. Protecting particular documents
D. Meshing the new statute with existing case law

10:30 a.m.-NOON
IV. Solutions

A. Use No Contest Clauses Sparingly
B. Draft No Contest Clauses with Precision
C. Draft so that No Contest Clauses only pertain to creditor claims and claims to decedent's property filed without probable cause
D. Use conditional gifts and forced elections
E. Review previously drafted No Contest Clauses to determine validity and effect Conclusion and Summary

(12:00-1:30 p.m. Lunch Break)

1:30 p.m.-3:15 p.m. (afternoon session)
"Avoiding the Draconian Dragnet of the §21350"

VI. Overview and Fundamentals of the §21350

A. Purpose of the Statute
B. Statutory Framework
C. Who is a "Dependant Adult"
D. Who is a "Care Custodian"
E. The application of Bernard v. Foley.
F. Who is a "drafter" for purposes of the statute
G. Who is a "fiduciary" for purposes of the statute

VII. Statutory Exceptions

A. The Blood Relative Exception
B. The "Certificate of Independent Review"
C. Other Exceptions

(Break 15 minutes)

VIII. Planning and Pitfall

A. Recognizing the need for a certificate of independent review.
B. Properly obtaining a certificate of independent review
C. Dealing with issues of mental capacity and undue influence
D. Document drafting recommendations
E. Client indemnification and waivers

3:15 p.m.- 4:30 p.m.
IX. Ethical Considerations

A. Who is Your Client?
B. Confidentiality in Third-Party Communications
C. Assessing the Client's Capacity
D. Avoiding Fraudulent Transfers

Faculty Francis Burton Doyle, Esq., WealthPLAN

• Member, State Bar of California
• California State Bar Certified Legal Specialist, Taxation Law and Probate, Estate Planning and Trust Law
• Founder, WealthPLAN, 30 years of experience in Tax, Estate-Planning Probate, Trust Administration and Litigation
• Instructor, California Continuing Education of the Bar (CEB) and National Business Institute (NBI)
• Professor; Lincoln Law School of San Jose, Wills & Trusts and Real Property
• President, Santa Clara County Estate Planning Council
• Chair, Planning Committee, Annual Jerry A. Kasner Symposium, Santa Clara University, School of Law
• JD, University of San Francisco Law School, MS, Taxation, Golden Gate University, BA Santa Clara University

SAN JOSE- Friday, JANUARY 15, 2010 Lincoln Law School of San Jose, 1 North 1st Street, San Jose, CA 95113 Phone 408-977-7227

REGISTER NOW! One Ticket 1/2 Off Second Ticket!

Registration Time	8:30-9:00 a.m.*
Seminar Time	9:00-4:30 p.m.
Tuition:	$350.

Continuing Legal Education Credit
This activity has been approved for Minimum Continuing Legal Education (MCLE) credit by the State Bar of California in the amount of 6.5 hours, of which 1.5 hours will apply to legal ethics. Advanced Legal Training Institute certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Advanced Legal Training Institute s a State Bar of California approved MCLE provider #13751. Self-study credit is available.

Reference & Course Materials
Each registered participant will receive a Pre-study guide and a comprehensive Seminar Workbook, included with your tuition, which you can take back to your office and use as a reference manual.

Unable to Attend?
If you can't leave the office for an entire day-- you can still acquire all the knowledge, information and benefits of attending the live seminar by pre-ordering the course Seminar Workbook and VideoDVD Set (available three weeks after the live seminar). Each VideoDVD recording offers a unique opportunity to gain continuing MCLE education and training through video directly from the live event. Click Here to Order the VideoDVD

Advanced Legal Training Institute Guarantee
Your satisfaction is our guarantee! If you aren't satisfied with a seminar or training resource, call or write us and we will make it right. *Pre-registration is encouraged. If you need to register at the door, please call us first to confirm availability and to receive information regarding any schedule changes.

"This course was well structured and offered detailed coverage of some very advanced estate planning techniques!"...

-Joe Zizileuskas, Attorney

"The program subject matter throughout is presented in a very real, down-to-earth, nuts and bolts manner. The seminar leader said: here's what you do, why you should do it this way and conversely, what you should not do. These seminars provide insight into all aspects of estate planning."

-Jules Tupaj, IRS Attorney

"A huge amount of information was presented and the pace was great. The instructor allowed for questions and spent a lot of time satisfying those questions. The Seminar Workbook is an excellent manual and will be very helpful to use back at the office. The workbook includes some great resources for how to cover trustee issues and possibly keep from litigation."

-Gail Moser, Attorney

"The contents of the seminar are very relevant to my practice. The pace was good and the presentation of topics was very interesting. The Seminar Workbook is very helpful and will be retained for further reference."

-Adam Ferguson, Attorney

"Many of the issues that were covered in the seminar were new to me. The forms you provided are very helpful for immediate use in my practice."

-Nguyen Cong Binh, Attorney

"The presenter, Mr. Doyle, has a nice voice and handles questions well from the participants. Frank's practical experience was very helpful"

-Garrett Riegg, Attorney

Introducing Advanced Legal Training Institute's 1-Day Seminar
"Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions"
(morning session)
"Avoiding the Draconian Dragnet of the §21350"
(afternoon session)

Join us for our intensive full-day primer that will provide you with a
comprehensive overview of these two hot topics that are both timely and important!

Date	Friday, JANUARY 15, 2010 9:00 a.m. - 4:30 p.m.
Location	Lincoln Law School of San Jose, 1 North 1st Street, San Jose, CA 95113 (408-977-7227)

HOW TO REGISTER

WEB-ONLINE	To reserve your seat now One Ticket, 1/2 Off Second Ticket!
PHONE	1-650-960-3772
FAX	1-650-960-3773
MAIL	ADVANCED LEGAL TRAINING INSTITUTE 1635 The Alameda, 2nd Floor, San Jose, CA 95126

CAN'T ATTEND?
If you cannot attend the live event, this seminar will be recorded in its entirety so you can still benefit from the information and concepts presented. Product orders are shipped approximately 3 weeks following the program:

Pre-order the VideoDVD and Seminar Workbook for this program!

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