eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
If you need credit for an eCourse in other states please read through the disclaimerbefore purchasing an eCourse to make sure you will be able to self-report your MCLE credit after completion of the eCourse
Trusts and Estates / Probate
Session 1: Introduction, Overview and Understanding the Fundamentals of the Special Needs Trusts and the SNT Attorney's Role - This segment highlights the due diligence each party should consider to understand and explain potential government benefit eligibility to the client who has received a personal injury recovery. Explore the fundamentals of special needs trusts and the use of A.B.L.E. accounts in light of current and potential SSI and Medicaid eligibility. And, from the perspective of the special needs planner, walk through what to expect and what questions are typically asked in the initial consultation with the personal injury attorney.
Session 2: Consultation with Personal Injury Attorney and Guardian Ad Litem - In the initial consultation with the personal injury attorney, special needs planner, and in some cases, a guardian ad litem, walk through some key expectations for your case, guidance in identifying public benefits and programs, issues and options when creating special needs trusts, and other questions that should be addressed early in the case.
Session 3: Consultation with the Personal Injury Attorney, Guardian Ad Litem and Trustee - Identifying a trustee is an important step toward the drafting and administration of a special needs trust. Understand the trustee’s role in trust administration, including what to expect and look for in a trustee, examples of distributions, considerations in making distributions, and possible conflicts.
Session 4: Consultation with the Personal Injury Attorney, Guardian Ad Litem, and Settlement Annuity Broker - Using a structured settlement in conjunction with a special needs trust introduces additional considerations. Learn what a structured settlement annuity is, and potential the pros and cons of its use. Plus, explore key aspects of an annuity, including structure and trust funding, naming beneficiaries, potential estate tax issues, and more.
Session 5: Drafting the Special Needs Trust - Walk through the drafting phase for the special needs trust, including drafting the custom-designed SNT, assisting in creating a pooled SNT, drafting pleadings to establish a court-created SNT, as well as collaborating with the personal injury attorney, guardian ad litem, and trustee for their review.
Session 6: Conclusion and Finalizing Representation - Once the special needs trust has been drafted, it is time to finalize representation and review all documents with each party and with the client. Walk through the final considerations, expectations and necessary steps to close the case file. Plus, hear final thoughts and key take-aways from the perspectives of the personal injury attorney, special needs planner, guardian ad litem, trustee and settlement annuity broker. more »
THIS MONTH: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality • After 65: Second Chances for Inheritance and Long-Term Care Planning • View from the Mediator • Maximizing Your Firm's Profit with Better Financial Data • Ethics for Business Lawyers more »
"Tangential relationships" for which an estate and trust attorney may have to develop a plan often include committed couples and new spouses of the same gender. But property issues or claims may arise out of tangential relationships as diverse as children born as the result of nontraditional reproductive technology to employer-employee matters. Explore how to negate some relationships, establish others, and provide for those that exist in law or in fact. more »
Session 1: Recent Developments Affecting Estate Planning - Hear Professor Johanson's popular and always-informative review of the latest cases, regulations, rulings and other "hot" estate planning topics!
Session 2: Estate Planning Workshop - Address practical concerns commonly faced by practitioners in the estate planning area, including hot-button issues stemming from recent cases, rulings, and regulations (final and proposed). Gain insight on current "hot" estate planning techniques. more »
Exemptions, rates, and brackets may rise and fall, and estate planners’ focus may shift from transfer taxes to income taxes and back. But no matter how laws change, certain tools that should be in every estate planner’s toolbox. Learn techniques that every estate planner needs to understand, including a discussion on when and how to use them, what to watch out for, and how to explain then in a way your clients will understand. more »
Session 1: Advising Clients Nearing 65 - Turning 65 can be a watershed event in our client's lives. They face many decisions about retirement, concerning Medicare, Social Security, and estate planning. Get tips to help you prepare to advise your clients about some of these important decisions.
Session 2: After 65: Second Chances for Inheritance and Long-Term Care Planning - Address planning options that become unavailable or difficult after age 65 and some of the valuable options for planning that remain available. Key planning options include planning by parents and other family, as well as the modification of wills and trusts to improve beneficial interests. more »
PLEASE NOTE: To claim Texas Guardianship Ad Litem credit, you must complete the entire course. At the end of the course, download the guardianship accreditation documentation (found here) as you claim your general MCLE credit and submit the affidavit to the State Bar of Texas.
Session 1: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more.
Session 2: Role of the Ad Litem - An overview of the responsibilities of the attorney ad litem and guardian ad litem in guardianship proceedings with an emphasis on practical application of the statutes, conduct in uncontested and contested proceedings, and pointers on applications for fees. The materials include numerous checklists, comprehensive references, and forms.
Session 3: Alternatives to Guardianship and Supports and Services - An examination of strategies on how to limit or obviate the need to create a guardianship.
Session 4: Practical Ways for Guardians and Caregivers to Prevent Scams and Exploitation - Hear a review of the most recurring scams targeting the elderly. Listen to a discussion about legal recourses available for preventing an elderly individual from losing their entire estate to a scam.
Session 5: The Conundrums: When Guardianship Administration Turns Into Litigation - Make note of litigation matters that can arise relating to the administration and settlement of a guardianship estate including, divorce, child support, turn over, breaches of fiduciary duty, and more. more »
Session 1: Heirship Determination - Listen to a discussion regarding issues involving heirship determination with or without an administration.
Session 2: The State of Texas Unclaimed Property Program: Come and Get It - Highlight facts about the agency program and discuss best practices for probate attorneys to advise their clients about unclaimed property. Gain insights into the duty of executors/administrators to escheat unclaimed probated funds to the State, steps elderly clients should take to avoid property being deemed abandoned and reported to the Comptroller as unclaimed property, and the claims process for individuals both before and after death. more »
Session 1: Medicaid-Friendly Estate Planning - Listen to a discussion about forms and strategies for preparing your clients (and sometimes their parents and children) to protect assets in case the need for long-term care arises. Forms will be provided and explained for Lady Bird Deeds, Transfer on Death Deeds, Revocable Trust as Grantee (of either type deed), and Medicaid-Friendly Contingent Trust.
Session 2: View from the HHSC - Hear the Texas Health and Human Services Commission (HHSC) address current issues in long-term care Medicaid eligibility. more »
Session 1: Traffic Jam: The Intersection of Community Property, Probate, and Bankruptcy - Explore how community property law, probate law, and bankruptcy law interact.
Session 2: Recent Developments in Home Equity Litigation - Listen to a discussion about the 2017 Constitutional Amendments and the highlights of what has changed. Also, take a look at Wood, Garofolo, and Alexander, whether there is a statute of limitations for equity loan violations, and if so, when does it start. more »
Session 1: Technology’s Disruption of the Legal Profession - Explore various technologies and emerging platforms that continue to influence the legal industry, including key considerations in implementing these technologies and related ethical concerns.
Session 2: Cyber Ethics: Ensuring Compliance with Evolving Technology - Lawyers today find that keeping client information safe is more challenging when using today’s technology tools. You don’t have to have a degree in computer science to understand how to avoid ethical missteps related to technology. Lawyer-friendly information on cyber ethics is provided.
Session 3: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Session 4: Data Analytics: The Answer to Your Law Firm's Innovation Effort - Learn how to easily kick-start your firm’s innovation efforts, close the gender pay gap (for you and your clients), and use data to reduce bias, improve inclusion as part of a diversity and inclusion initiative, and simultaneously use proven scientific methods to improve bottom-line profitability!
Session 5: Avoiding Ethical Issues with Lawyers' Use of Social Media - The world of social media presents a multitude of pitfalls for practitioners and judges alike. Hear from pioneers in the field on how to make the most of social media's advantages without running afoul of applicable disciplinary rules. Listen to a discussion about cutting edge issues not yet addressed under Texas law and proposed disciplinary rules currently under consideration by the Texas Supreme Court.
Session 6: 30 Apps in 30 Minutes - A quick survey of useful apps and tech tips for lawyers, trust officers, and caregivers.
Session 7: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »