Celesq® Attorneys Ed Center
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Programs in Estate Planning & Probate


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Handling Death Cases in New York (05/14/2021)

Program Number: 3166 Presenter: Andrea Alonso, Esq.

To recover damages for a person’s death in New York State, there are two distinct causes of action: survivorship and wrongful death. While the survivorship cause of action belongs to the estate for the decedent’s pain and suffering prior to death, the wrongful death cause of action compensates those statutory distributees who have suffered pecuniary loss as a result of the decedent's death. Consequently, there may be more than one plaintiff in a death case as well as separate statutes of limitations for each cause of action. Due to these distinctions, an attorney must assess each action independently of the other. Join us to learn the distinction between survivorship and wrongful death.

$95.00Audio Tape Add to Cart

Estate Planning Opportunities with "20/20 Vision": The Impact of the Federal Election on Existing Estate Plans (01/19/2021)

Program Number: 3109 Presenter: Melanie E. Cuddyre, Esq.

This program will discuss the unique estate planning opportunities created as a result of the 2020 Federal election. The 2021 Federal Estate and Gift Tax Exclusion is $11.7M per individual (or $23.4M for a married couple). While the exclusion was already set to drop to $5 million, as adjusted for inflation, on January 1, 2026, the recent Federal election creates the possibility that the exclusion will be reduced before that date, and potentially be reduced to a lesser amount. The Internal Revenue Service (IRS) has issued regulations confirming that gifts made prior to a reduction in the exclusion will not be “clawed back” into the gross estate for Federal Estate Tax purposes. Lifetime gifting opportunities, including the use of Spousal Limited Access Trusts (SLATs), Grantor Retained Annuity Trusts (GRATs), Qualified Personal Residence Trusts (QPRTs), and other techniques allow individuals to take advantage of the current exclusion rate while they are still able. This program discusses

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Legal and Ethical Issues in Capacity and Mental Health Law (05/12/2020)

Program Number: 3093 Presenter: Carolyn Reinach Wolf, Esq.

Lawyers should be familiar with the standards of capacity for specific legal transactions under relevant statutes and case law. This includes areas such as contracts, criminal law, executing advance directives and guardianship proceedings. We will discuss the “red flags” or signs of “diminished capacity” that a lawyer may observe in a client as well as the ethical guidelines for assessing capacity in accordance with ABA Model Rules of Professional Conduct, Section 1.14. Last, we will explore the “Mental Health Legal Tool Kit”, offering creative legal solutions to difficult mental health issues.

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Family Business Succession Planning in Nine (Silo-Busting) Steps (11/09/2020)

Program Number: 30267 Presenter: Dr. Sharon Meit Abrahams, Gregory F. Monday, Esq.

Greg and Sharon will talk about how to plan for the succession of family business leadership and ownership in nine logical, sequential steps, but be ready to break down the barriers that sometimes separate business law, tax law, contract law, and estate planning practices. Topics include family business governance structures, recommended contracts for family members and affiliates, retirement planning for senior owners, and special trusts for family businesses interests.

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The Perils of Prenups: When is a Prenup Harmful, When is it Helpful, and How to Draft a Constructive One (06/26/2020)

Program Number: 30169 Presenter: Chaim Steinberger, Esq.

Prenuptial agreements are becoming more and more popular even as most people recognize that a prenup often hurts the betrotheds’ relationship and can cause the relationship itself to fail. In many instances a prenup accomplishes nothing so there's no reason to incur this risk. Yet in other instances, a prenup might actually be crucial. This presentation will explore the times that a prenup is not necessary and those times when it is; the harms a typical prenup causes; and how to prepare and negotiate one so that it improves, rather than harms, the betrotheds’ relationship.

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Lessons from John Steinbeck's The Grapes of Wrath: Copyright Terminations Under Sections 203 and 304 of the Copyright Act (06/03/2020)

Program Number: 30159 Presenter: Raymond Dowd, Esq.

In 1976 and 1998 Congress extended the terms of copyright. Congress intended for authors to receive the full economic benefit of the extended copyright terms by granting authors and their heirs inalienable rights to recapture copyrights. These recaptured copyrights, vesting free of all prior grants, could then be re-licensed on economic terms favorable to authors. To protect authors’ families from disinheritances, late-life lovers or squabbles among over-reaching heirs, Congress preempted state inheritance law and created statutory heirs. Congress’ statutory scheme benefitting authors and their families has been threatened by recent decisions of the Second and Ninth Circuits that have generated a recent cert petition to the Supreme Court in Steinbeck v. Kaffaga over film rights to The Grapes of Wrath. Many copyright termination disputes are now pending. Join Ray Dowd in examining this fascinating case and learn why understanding the issues at stake and the mechanics of copyright terminations is important for

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Will Drafting to Prevent Future Estate Litigation (01/28/2020)

Program Number: 3008 Presenter: Cori A. Robinson, Esq.

There are many considerations when drafting a last will and testament including fiduciary and guardianship selections, tax concerns, disinheritance and the disposition of assets. Writing a last will with specificity, detail and attention is important in order to avoid problems with construction or contesting parties post death. This CLE will address the basics of drafting a last will and testament and execution pursuant to New York law. Additionally, the presentation will draw attention to various issues in drafting that may cause issues in the future. Such as matters relating to survivorship, disinheritance, no contest and tax clauses.

$95.00Online Audio Add to Cart

Protecting Artists’ Legacies in the Contemporary Art Market (02/10/2020)

Program Number: 3005 Presenter: Adam Buchwalter, Esq., Jana Farmer, Esq.

The conventions of the contemporary art market present unique challenges to artists and those entrusted with stewardship of artists’ legacies, including preserving the value of their artworks, maintaining their authenticity, and even material conservation of the artworks in their original form. Unlike traditional paintings and sculptures, which possess definitive materiality, conceptual artworks or artworks that need to be reactivated rely on documentation as an integral part of the work itself, making the relationship between artists or artist’s estates and purchasers increasingly more contractual. This panel will discuss the risks and best practices for artists and artists’ estates to protect an artist’s legacy through advance planning, including the unique challenges presented by conceptual and nonmaterial artworks and considerations for artists’ wills and foundations.

$95.00Online Audio Add to Cart

The Basics of Digital Asset Planning (03/18/2020)

Program Number: 3004 Presenter: Jennifer Zegel, Esq.

The world is becoming more and more digitized. Most Americans own multiple digital devices and have tons of online accounts. Because the average person is unaware of the extent of digital assets they have, they usually don’t know how to begin identifying them for planning purposes. As our physical and digital lives become more intertwined with advancements in technology and the expansion of digital asset classes, the importance and need to address digital assets in an estate and business plans will only evolve. This program will cover what constitutes a digital asset, the current state of the law, basic steps that are essential in including digital assets in estate planning, as well as some practice tips of handling estates with digital assets.

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Drafting and Enforcing Arbitration Clauses in Wills, Trusts, & Settlement Agreements (12/16/2019)

Program Number: 29204 Presenter: Cameron McCulloch, Esq., Michelle Rosenblatt, Esq.

Estate and trust litigation can pose a greater risk to family wealth than the current tax regime under which most estates are not subject to transfer taxes. One of the most attractive aspects of arbitration for estate planning clients is the privacy it offers. Cameron McCulloch and Michelle Rosenblatt will discuss in which documents arbitration clauses are enforceable, the situations where you should include arbitration clauses, and the provisions to include when drafting an arbitration clause to include in estate planning documents.

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