Scott A. Makuakane

Estate planning is particularly personal in nature and can raise particularly thorny ethical dilemmas. Good and consistent practices are key, as well as anticipating awkward and difficult situations. Almost every practitioner will find it difficult to distinguish all the conflicts that may arise, especially when it involves dual representation. In this presentation we’ll identify what ethical issues every lawyer should consider, from engagement to execution of documents to annual follow-ups. We’ll discuss estate planning strategies involving competency, communication, and avoiding conflicts of interest. We’ll also identify conflicts for spouses/partners, parent/child, fiduciary/beneficiary, fees, and options when a conflict or other problems arise. This is about issue-spotting, and being ready for the dilemma before it happens.

There’s a daunting array of estate planning strategies available. Identifying which will help and suit a client, and how to discuss it, is critical. We’ll help frame and organize your thinking, then walk through the pros and cons of your many options. You already know many of them – we’ll discuss the when, how, and why. We’ll look at different types of trusts: the GRAT’s, IDGT’s, Spend Thrift, etc. so you are ready to go from “good lawyer” to “estate planning strategist.”