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Alabama Fiduciaries Webinar Series: Choosing the Right One and Ethical Issues in Client Counsel

Alabama Fiduciaries Webinar Series

Product Code: ALfiduciary
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Earn 2 hours of CLE by registering for BOTH webinars!
(The August 30 webinar is approved for Ethics credit.)

Bonus offer! Save 30% on any webinar purchase by subscribing to Alabama Law Weekly today! Simply put both products in your cart and use coupon code LEGAL30 at checkout to get the discount.

Alabama Fiduciaries Webinar Series

Earn 2 hours of CLE (including Ethics), and learn the latest on estate planning issues with fiduciaries.

Alabama Fiduciaries Part I: Choosing the Right Fiduciary
Choosing the “right” fiduciary is an important part of an estate plan – whether it is a personal representative, a trustee, or an attorney-in-fact. In the first part of this two-part webinar, the presenter discusses the different types of fiduciaries – personal representative, guardian, conservator, trustee, attorney-in-fact, and trust protector. He will also look at the standard of behavior required of the fiduciary.

Alabama Fiduciaries Part II: Ethical Considerations When Representing Fiduciaries
Changes in relationships can create ethical problems for the attorney. For example, the attorney may represent a couple who divorces. What is the attorney’s obligation to each client?

Many and varied ethical issues are encountered by elder law attorneys. For example, an attorney may have represented an elderly person in the past and is now representing the attorney-in-fact or conservator of that person.

In the second part of this webinar, the presenter looks at various ethical problems that arise when an attorney is representing a fiduciary – the personal representative, the trustee, the attorney-in-fact, the guardian, and others.

Choose to attend Part I or Part II. Or, attend both Part I and Part II and save $47, while earning 2 hours of CLE — including Ethics! 

Alabama Fiduciaries Part I: Choosing the Right Fiduciary

Live Webinar: Thursday, August 24, 2017

10:00 a.m. to 11:00 a.m. Central
(1 hour of General CLE Credit)


WEBINAR SNAPSHOT: Choosing the “right” fiduciary is an important part of an estate plan – whether it is a personal representative, a trustee, or an attorney-in-fact. In the first part of this two-part webinar, the presenter discusses the different types of fiduciaries – personal representative, guardian, conservator, trustee, attorney-in-fact, and trust protector. He will also look at the standard of behavior required of the fiduciary. 



Fiduciaries play a crucial role in executing a client’s estate plan. Giving sound advice can aid clients in preserving their wealth, in having someone to take care of the client and/or their funds when they are no longer able, and to ensure their assets are distributed in the way they want after their deaths. Attorneys play a critical role in seeing that clients make wise decisions in choosing their fiduciaries.

When selecting an executor or trustee, the client needs a person with good basic knowledge but also someone who knows when to employ an expert. Is the person picked young and healthy enough that they will be around at the client’s death? Does the person have a good relationship with the beneficiaries of the will or trust?

Choosing fiduciaries is important as your client grows older. Who can the client trust to take care of himself or herself, to handle his or her money, or to make the client’s healthcare decisions?

In Alabama Fiduciaries Part I: Choosing the Right Fiduciary, the first part of this two-part webinar, the presenter discusses the different types of fiduciaries – personal representative, guardian, conservator, trustee, attorney-in-fact, and trust protector. He will also look at the standard of behavior required of the fiduciary.

Agenda

  • What is a fiduciary? 
  • Who should really be a fiduciary? 
  • Who shouldn't be a fiduciary? 
  • What is a personal representative? Administrator? Executor/Executrix? 
  • What is a guardian? Conservator? 
  • What is a trustee? 
  • What is an "attorney in fact" under a "power of attorney"? 
  • What is a "trust protector"? 
  • What is the standard of behavior for a fiduciary? 
  • What are the biggest risks in writing estate plans? 


Choose to attend Part I or Part II. Or, attend both Part I and Part II and save $47, while earning 2 hours of CLE! 

Alabama Fiduciaries Part II: Ethical Considerations 

Live Webinar: Wednesday, August 30, 2017

10:00 a.m. to 11:00 a.m. Central
(1 hour of Ethics)


WEBINAR SNAPSHOT: Changes in relationships can create ethical problems for the attorney. For example, the attorney may represent a couple who divorces. What is the attorney’s obligation to each client?



Many ethical issues arise when an attorney represents a fiduciary. The attorney must be able to recognize these ethical pitfalls, avoid them when possible, and deal with them when necessary.

The attorney must recognize who the client is. The attorney’s client is the fiduciary, and the attorney is ethically bound to the fiduciary. The attorney does not represent the estate or the beneficiaries of the estate.

Changes in relationships can create ethical problems for the attorney. For example, the attorney may represent a couple who divorces. What is the attorney’s obligation to each client?

Many and varied ethical issues are encountered by elder law attorneys. For example, an attorney may have represented an elderly person in the past and is now representing the attorney-in-fact or conservator of that person.

In Alabama Fiduciaries Part II: Ethical Considerations When Representing Fiduciaries, the presenter looks at various ethical problems that arise when an attorney is representing a fiduciary – the personal representative, the trustee, the attorney-in-fact, the guardian, etc.

Agenda

  • Who is your client? 
  • To whom do you have a duty? 
  • Problems of changes in fiduciaries: New executor, administrator, trustee 
  • Former client 
  • Divorced and divorcing clients 
  • Minor children, incompetents 
  • Gray areas of capacity and competency 


Choose to attend Part I or Part II. Or, attend both Part I and Part II and save $47, while earning 2 hours of CLE — including Ethics! 

About Your Presenter:

James B. GriffinJames B. Griffin 
Founder 
James B. Griffin, LLC

James B. Griffin founded James B. Griffin, LLC in Mountain Brook and serves clients in Alabama and Georgia who are pursuing the American dream of property ownership, business ownership, and investing in their future. The firm’s mission is the protection of private property rights, especially in real estate, the creation of wealth, and the preservation of assets through estate planning, especially for those heirs who are not capable of taking care of themselves. He is a Birmingham native who graduated from Gordon College in Massachusetts with a B.A. in Economics and History, from the University of Alabama with a M.A. in History, and from Vanderbilt University Law School. He began his practice at a large firm in Atlanta and then in a small firm for most of a decade in his wife's hometown of Covington, Georgia, before returning home to Alabama. His practice today concentrates on estate planning, trusts, estate administration, property, and real estate.

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