eCourses

A review of recent cases affecting the practice of estate planning, guardianship, and elder law in Texas and around the country.

Includes: Video Audio Paper Slides

Session 01: Alternatives to Guardianship including Supports and Services - A discussion of practical considerations in determining whether lesser restrictive alternatives and supports and services are available and feasible in guardianship proceedings. Session 02: The Rules of Evidence in Guardianship Proceedings - This presentation is designed to be a practical guide to the Texas Rules of Evidence that are most applicable in Guardianship Proceedings. Session 03: Settlements of Guardianship Disputes - Discussion of practical and technical considerations when settling guardianship disputes and related litigation, including necessary parties, potential settlement structure to avoid a guardianship, authority and limitations on a proposed guardian, and options to bind the proposed ward and proposed ward’s estate. The discussion also includes ways to enforce guardianship settlement agreements.   Session 04: Fee Petitions in Guardianship Cases - This presentation explores the results of a statewide survey from courts handling probate and guardianship cases. The survey aims to collect information on fee standards, fee petition preferences, local rules, and other relevant questions regarding fee assessments and payments. Session 05: Medicaid Planning in Guardianships - A discussion of how government benefits planning for single and married individuals can be accomplished in the context of Guardianships and Community Administrations. Session 06: ​Mental Commitments vs. Guardianships - Discuss finding the correct path to protection. PLEASE NOTE: To claim Texas Guardianship Ad Litem credit for the presentations that include guardianship hours, download the guardianship accreditation documentation (found here) as you claim your general MCLE credit at the end of this course and submit the affidavit to the State Bar of Texas.

Includes: Video Audio Paper Slides

Session 01: Estate Planning Best Practices - Practical advice on how to avoid contests and other litigation related to estate planning drafting. Session 02: When All Else Fails...Avoiding the Dreaded Certified Mail Return Receipt Requested! What Exactly Does a Qualified Delivery Method Mean for Probate and Guardianship? - Certified mail has become increasingly unreliable. Discuss recent changes to the Estates Code regarding alternative service options in probate and guardianship cases. Session 03: Execution of Documents - It is said that more documents fail due to improper execution rather than improper drafting. Proper effective execution rules are not difficult, but they can be draconian. Mistakes can be fatal (to the document), especially when one person is signing in a capacity for another. Session 04: Characterization of Marital Property - Learn about the various estates in a Texas marriage (i.e. separate estate and community estate), tracing and characterization of assets, and calculation of reimbursement claims. Hear about the intersection of probate and characterization and discuss the impact of various estate planning transactions and mechanisms on the characterization of assets. Session 05: Proper Preparation of Form 706 - Practical advice for preparing and filing the United States Estate (and Generation-Skipping Transfer) Tax Return, including considerations and tips when filing for portability purposes.

Includes: Video Audio Paper Slides

An overview of the leading issues related to asset protection and anonymity in business entity structures. Focus on the primary areas of concern when choosing the type of entity, jurisdiction for formation and ownership structure when the goals are asset protection and anonymity and the impact of the Corporate Transparency Act on these choices.

Includes: Video Audio Paper Slides

Session 01: Medicaid Update and Other Hot Topics - This presentation identifies and explains recent changes in Medicaid law and policy. Discuss Medicaid advocacy strategies that are “hot,” either because they are new or because they are underutilized but work really well. Session 02: Medicaid Planning or Medicaid Avoidance? - Sometimes we can help a relatively wealthy person qualify for Medicaid long-term care. This presentation explores how to help the client determine whether or not they are able to pay privately; and if so, whether they would be better served by doing so or by qualifying for Medicaid. Session 03: MERP Defense - This presentation provides updates on changes in defending against MERP claims and discussion of continuing sticky situations and traps. Discuss where HMS and we disagree and the problems of timelines, statutes of limitations, and the need for legislative change.

Includes: Video Audio Paper Slides

As advisors, if we knew when clients would pass away, who would survive them, the assets included in their taxable estates, and what the tax laws would be at the time of their deaths, we could all design perfect estate plans. Of course we are forced to do the best we can with what we have, including a scheduled 50% reduction to the transfer tax exemption amounts in 2026. This presentation focuses on estate planning and gifting strategies for clients who may or may not have a taxable estate, offering practical examples designed to empower advisors to enhance client relationships.

Includes: Video Audio Paper Slides

Session 01: A House Divided: The Rights and Duties of Homesteaders, Life Tenants, Remaindermen, and Co-Tenants - Discuss the often complex relationship between the surviving spouse who chooses to exercise her homestead right, or who inherits a life estate in separate property, and the remaindermen who are standing by to receive the property. Learn the various rights and obligations of those who exercise a homestead right, possess a life estate, or own a remainder interest in property.  Session 02: Partition of Real Property Under Texas Law: A Primer - An overview of the litigation process of a claim for partition of real estate, including issues which arise under the Uniform Partition of Heirs’ Property Act.

Includes: Video Audio Paper Slides

Using trust protectors to make changes to trusts, including advantages, disadvantages and potential liability.

Includes: Video Audio Paper Slides

THIS MONTH: When is Ticketing Like Pork Bellies? Current Legislation on Speculative Tickets and Resale Royalties • War Stories, Trial Tips, and Trial Skills Comparison • Key Trends in Private Company Mergers and Acquisitions • Mortgage Concepts for Family Lawyers • Drafting Contracts to Protect Your Company

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Lessons Learned From GCs Behaving Badly (Allegedly) (Replay) It is always better to learn from someone else’s mistakes. Examine examples of in-house counsel allegedly (or admittedly) behaving badly—from alleged assaults and slurs to embezzlement—and what in-house counsel can learn from those situations. Discuss examples of in-house counsel allegedly being punished for doing the right thing, and review applicable Model Rules of Professional Conduct, including Rules 1.13 and 8.4. Joseph T. Clees, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Phoenix, AZ (0.75 hr | 0.75 hr ethics) Ethics and Cybersecurity in the Virtual Practice of Law (Replay) Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Anthony Hendricks, Crowe & Dunlevy, Oklahoma City, OK Paige A. Masters, Crowe & Dunlevy, Oklahoma City, OK (0.75 hr | 0.75 hr ethics) Brady v. Maryland, the Michael Morton Act, and the Texas Disciplinary Rules (Replay) The obligation to disclose evidence comes from multiple sources, including constitutional, statutory, and ethical. This presentation discusses each source and recent, significant cases in the area. Carson R. Guy, Texas Court of Criminal Appeals, Austin, TX (0.75 hr | 0.75 hr ethics) What We Say and Do Matters…(Replay) Discuss the various approaches to ensuring that clients with disabilities are treated with the respect and dignity they deserve and is ethically required. Gain insight on how to approach family members, clients, and other professionals as well as practical dos and don'ts when handling cases where the client has limitations. Amanda E. Carter, Matthew Harris Law, PLLC, Lubbock, TX Jennifer L. Coulter, Townsend Allala, Coulter & Kludt, PLLC, El Paso, TX

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Session 01: Let’s Chat About ChatGPT: Ethical Considerations in the Use of Generative AI - Since the introduction of ChatGPT and other generative AI tools, lawyers around the country have been getting into ethical hot water over their misuse of generative AI. Courts have responded with mandatory AI disclosures and certifications by attorneys. What are your ethical obligations in using AI, and how can you stay within the lines? Find out in this informative and entertaining presentation! Session 02: Philanthropy in Sports - Collegiate athletics draw significant attention, and revenues, to many institutions and associated nonprofit organizations. This presentation covers tax and legal considerations around such activity for organizations and donors, including "name, image and likeness" (NIL) structures, licensing/joint ventures, and sponsorships. Session 03: Overcoming School Challenges for Students with Disabilites - Having school-aged clients with a disability can provide unique challenges in their care. Learn about these challenges and potential solutions from the collaborative perspective of an education consultant and a nurse case manager. Session 04: Challenges Presented by Litigation Funding - District courts and parties continue to grapple with issues relating to litigation funding and the funders themselves. This panel discusses some of the more prominent challenges including disclosure requirements (e.g., Delaware), how to get a funded litigant to settle, and patent aggregation by funded entities. Session 05: Texas Public Information Act and Texas Open Meetings Act: How They Work - An overview of the requirements and procedures under Texas’ government transparency statutes and a look at some common issues.

Includes: Video Audio Paper Slides

Gain insight on the topic of the termination of the special needs trust when a beneficiary passes away and there is a Medicaid lien owed. Hear the basics of the requirements of the Medicaid pay-back provision, how to contact the Texas Health and Human Services Commission (HHSC) to verify the Medicaid lien and obtain the lien payoff, and the process of settling the lien with the agency.

Includes: Video Audio Slides

Trustees of special needs trusts have unique considerations when purchasing and owning real property. Learn about the pros and cons of owning real estate in a trust.

Includes: Video Audio Paper

Public Benefit programs for the disabled such as Medicaid and Supplemental Security Income are income and resource-tested, meaning that the disabled individual must also maintain eligibility based on specific income and resource criteria to continue receiving benefits. When changes to income and resources occur, the disabled individual (or their representative payee) may receive letters from Social Security and/or HHS notifying them that their benefits are being terminated, and worse, that an overpayment has occurred and they must return some of the benefits paid to them. Practitioners in special needs and elder law learn the common causes for changes to a disabled individual’s income and resources that cause cessation of benefits and overpayments; how to respond to Social Security when a cessation and overpayment notice is received; tools for re-establishing eligibility for benefits; and how to properly advise fiduciary caregivers and supporters of the disabled who are involved in the process (guardians, trustees, and representative payees).

Includes: Video Audio Paper Slides

The potential for AI in the special needs community is truly life-changing. AI has the potential to significantly increase inclusivity and independence and to transform the way attorneys and advocates communicate and interact with clients with special needs.

Includes: Video Audio Paper Slides

Many clients leave retirement benefits to an SNT for a disabled child. We know the rules for IRAs and 401(k)s, but this presentation covers the different rules for other retirement plans. Learn about the specific requirements for naming an SNT as a beneficiary of Teacher Retirement System (TRS), Military Survivor Benefit Program, and other government pensions.

Includes: Video Audio Paper Slides

A discussion of new developments in the law of disability benefits, and of recent updates to this paper, that trustees of Special Needs Trusts need to know about.

Includes: Video Audio Slides

In The Trenches: The battle to establish and maintain Medicaid benefits happens not only at the law office, but also at the client's home, with financial planners, and corporate trustees. Gain insight into how parents, professionals, and family members protect and fight for Medicaid eligibility for the most vulnerable population, while focusing on the day-to-day care needs of the individual.

Includes: Video Audio Slides

Having school-aged clients with a disability can provide unique challenges in their care. Explore these challenges and potential solutions from the collaborative perspective of an education consultant and a nurse case manager.

Includes: Video Audio Slides

Session 01: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples.  Session 02: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 03: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 04: Maximizing Public Benefits: Overview - Planning for public benefits can be daunting. This presentation walks attendees through the paper, with stops along the way for basics, practice tips, and hidden gems in the paper.

Includes: Video Audio Paper Slides