This presentation will cover ways in which will contests, challenges to trusts, and other disputes in estate and trust administration can be thwarted and resolved without lengthy court battles. It will cover in terrorem clauses and other actions designed to discourage disputes. The speakers will explain how mediation and arbitration proceedings can be required even in states that do not authorize them. Specific will and trust provisions will also be discussed. Finally, we will examine pre-mortem probate, including how it can be used by attorneys in all states to provide certainty for clients that their wishes will be carried out.
Jonathan G. Blattmachr, JD is a member of the Alaska, California and New York Bars, and retired partner from the law firm of Milbank, Tweed, Hadley & McCloy LLP. He has served as a lecturer-in-law of the Columbia University School of Law and an Adjunct Professor of Law at New York University Law School. He is a former Chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of other committees of the New York State Bar Association and the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past Chair of its Estate and Gift Tax Committee. He is author or co-author of over 300 articles and five books on estate and tax planning topics including a new book published by the Practicing Law Institute on Circular 230. He has been designated as a Distinguished Accredited Estate Planner by the National Association of Estate Planners & Councils. Mr. Blattmachr also is a co-developer of Wealth Transfer Planning™, an InterActive Legal software system published for lawyers which provides specific client advice and automated document assembly for wills, trusts, powers of attorneys and other estate planning documents.
Richard W. Hompesch, II is a graduate of the University of Montana (B.A. 1978 and J.D. 1983) and New York University (LL.M. in Taxation 1984). In 1984 he persuaded his wife to move to Fairbanks, Alaska for “two years” with their two infant children. He opened his own law office in 1988. Today Hompesch Evans & Averett, P.C. employs four attorneys, his wife who is an IRS enrolled agent, and three legal assistants. The firm’s practice is limited to trusts and estates and taxation. Rich is a fellow of the American College of Trust and Estate Counsel, a member of the Alaska Probate Rules Committee, and past president of the Fairbanks Estate Planning Council. He has been a speaker at a number of continuing legal education programs for the Alaska Bar Association and one for the Connecticut Bar Association. For three years he taught business law as an adjunct lecturer at the University of Alaska. In 1996 Rich spent a week in the Cook Islands learning about foreign asset protection trusts. In 1997 Rich lobbied for the Alaska Trust Act which was made Alaska the first state to permit domestic self-settled asset protection trusts. Rich was the principal author of The Revised Limited Liability Company and Limited Partnership Act which the Alaska legislature passed in 1997 in response to the “check the box” regulations. Since 1997 he has worked on legislation with other Alaska attorneys to make Alaska the premier jurisdiction in the United States for trusts and estate planning. He is the author or co-author of five articles on Alaska trusts and one article on estate planning document assembly software published in Trusts & Estates magazine.
InterActive Legal is not an approved Continuing Education Sponsor. However, several states and regulatory agencies for a variety of professionals that participate on our teleconferences may still receive continuing education credit for their participation. If a participant wishes to receive CE credit for their participation in these teleconferences, they must apply to receive credit on their own and through their individual states and regulatory authorities. It is the responsibility of the participant to file for CE credit and is not guaranteed by InterActive Legal.
Let us help increase the productivity and profitability of your practice.