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Crossover Issues in Estate Planning and Family Law: Marriage, Love and Death (MP3)


Self-study hours are logged by the listener and the one page list is kept in an MCLE compliance folder. The log requires a listing of each program title, the program's approved MCLE provider name, program length, and whether or not that program contains mandatory subfield credit (legal ethics, elimination of bias, or prevention of substance abuse.)

Participatory hours require a proctor (any adult who is not simultaneously using the same program for participatory credit) to complete and sign documents accompanying each participatory program. Those completed and signed documents are subsequently returned to Versatape and individual certificates of compliance are prepared and returned to the listener to be filed in a MCLE compliance folder. Versatape will also keep a copy of the certificates of compliance on file. If audited the State Bar will be looking for a copy of those completed certificates of compliance and a copy of the self -study hours log.

Note: Please note MCLE audio program hours listened to in excess of 25 hours in a 3-year compliance period cannot be carried over into the next 3-year cycle.

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Assemble your own 12 hour, 13 hour. or 25 hour package. Simply copy and paste the SKU number of each program you would like included into the Specific Programs Desired section and we will build your custom package for you. Remember to include the required subfield hours (if you need them): 4 hours of legal ethics, 1 hour of the elimination of bias and 1 hour of the prevention of substance abuse programs to your list (we can select them for you if you desire).

How They Work

In this February 14, 2017 program our speakers and program materials discuss the following:

Estate Planning depends on the context

Before marriage

  • Cal. Premarital Agreement Act
  • Proper Matters for a Prenup
  • No fiduciary relationship
  • Waiver of Marital Rights in a Premarital Agreement
  • Prenup as contract to make a will 

The happily married couple

  • Fiduciary duties
  • Scope of Duty – FC  §§ 721 and 1100
  • Dual representation
  • Character of property
  • Transmutation
  • Transmutation requirements
  • Estate plan examples
  • Lessons from Holtemann
  • Transfers to Revocable trust
  • Statement in a will
  • Gifts exception
  • Breach of fiduciary duty
  • What’s unfair
  • Overcoming the presumption
  • How is this established?
  • Right of reimbursement 

When a separation is expected or occurs

  • Definition of separation
  • Pending divorce case
  • Prohibited activities – FC §§2040
  • Non-probate transfer
  • Permitted activities - §§2040
  • Retirement plans
  • Life insurance
  • Pre-filing options
  • Family law apportionment rules apply in probate court 

During a family law action 

After the divorce is final

  • Exception
  • Child support after Payor’s death
  • Securing child support
  • Spousal support
  • Property not subject to division
  • Mistakes to avoid
  • More mistakes to Avoid 

Program materials included. Speaker: Jennifer M. Riemer, Esq.   Recorded February 14, 2017. MCLE credit: 1 hour

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