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Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Elder Law CLE Programs, click here.

"Leap" with Confidence into the DRA Era: Things You Should Know When Representing the Elderly (12th Annual Elder Law Symposium)
Abstract: n/a


2006 Basics of Estate Administration (Your A-Z Guide) Note: the manual is listed separately as Estate Administration Manual, 6th Ed. (2006)
Abstract: This program tackles the entire process of administration, from file organization to final distribution of assets. An excellent training program for paralegals and attorneys who are new to the fields of estate planning and administration, it is also a good review for more advanced attorneys, addressing recent changes in estate administration law and procedure. The program is designed around the Estate Administration Manual, an invaluable resource that is used by estate attorneys and staff throughout the State. The new Estate Administration Manual, Sixth Edition (2006) will serve as the supplementary program materials for the program and is designed as a primer and reference source for anyone wishing to understand estate administration. This year's manual has grown to a comprehensive two volume set, boasts three new chapters, a newly added index and significant revisions to nearly every chapter of the book. Changes to the N.C. Uniform Trust Code are also included.?The program is divided into these segments: Pre-qualification Procedures - Summary Administration and Small Estate Administration - Qualification and Post-Qualification Procedures - Handling Assets - Handling Retirement Accounts - Handling Business Assets - Inventories, Accounting and Distributions - Overview of Estate Taxation - Decedent's Tax Returns - Guardianship.


2007 Estate Planning and Probate Law Survey Course
Abstract: North Carolina Uniform Trust Code ... North Carolina Law of Wills and Trust ... Partnerships, LLCs and Corporations: Estate Planning and Probate Issues ... Property Law: Estate Planning and Probate Issues ... Generation-Skipping ... Transfer Tax ... North Carolina Probate Law - Part II ... Annuities and Life ... Insurance: Estate, Gift and Income Tax Issues ... Guardian and Ward/UTMA ... Family Law: Estate Planning and Probate Issues ... Estate Planning with Powers of Attorney ... Charitable Giving ... Gross Estate ... Valuation of Gross Estate ... Estate Tax: Federal and North Carolina Estate Tax Deductions, Credits and Payment of Tax ... Gift Tax: Federal and North Carolina ... Marital Deduction ... Fiduciary Income Tax of Trusts and Estates ... North Carolina Probate Law - Part I ... Retirement Benefits: Estate Planning and Probate Issues


2008 Health Law Section Annual Meeting
Abstract: n/a


27th Estate Planning and Fiduciary Law Program
Abstract: Recent Developments - Drafting in Light of Recent Developments - Breakout Sessions: Asset Protection Planning or GST & Gift Tax Returns - Charitable Planning/Drafting or FLP's and FLLC's Drafting and Planning Issues - Planning for Assets in Multiple Jurisdictions or Practice Before the Clerk - Use of Disclaimers - Ethics - TBD (Related Topics: preparations of tax returns, joint representation, intergenerational)


28th Estate Planning and Fiduciary Law Section Annual Meeting
Abstract: Recent Developments - Legal Malpractice - Special Needs and Medicaid Planning - Fiduciary Investing/Investing as a Fiduciary (Pragmatic issues, Portfolio manager's view, Beneficiaries involved) - Death of a Professional - Planning with Retirement Plans (Case Studies Focused on Clients with Large IRAs, etc.) - Death Bed Planning/Planning Opportunities in the Face of Death - Planning for the End - Post Mortem Issues - *Substance Abuse - Planning for the Small Business Owner


29th Estate Planning and Fiduciary Law Program
Abstract: Recent Developments ... What's New and What's Left in Sophisticated Life Insurance Techniques ... Litigation Issues in Estate Planning and Administration ... "OOO La La, The Paranoid Planner Returns, This Time With an International Flair!" (effective disposition of asset considerations, situs and treaty issues, and the non-citizen spouse provisions) ... Succession Planning for the Owner of a Closely Held Business ... Operating a Private Foundation ... End of Life Planning ... Community Property for North Carolina Lawyers - What You Don't Know Can Hurt You ... Retirement: Plan Early and Often-Putting Tax-Deferred Accounts to Best Use ... *Staying Out of Trouble with Clients and the State Bar (*Ethics) ... Planning to Minimize the Generation-Skipping Transfer Tax


ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 1
Abstract: This two-part program will provide listeners with an update on proposed changes to the ABA Model Rules of Professional Conduct and a broad-based review of developments in practical lawyer ethics. The program will be organized in part by the discussion of scenarios and include discussion developments related to conflicts of interest, multiple representation, malpractice insurance, and confidentiality. (telephone seminar)


ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 2
Abstract: This two-part program will provide listeners with an update on proposed changes to the ABA Model Rules of Professional Conduct and a broad-based review of developments in practical lawyer ethics. The program will be organized in part by the discussion of scenarios and include discussion developments related to conflicts of interest, multiple representation, malpractice insurance, and confidentiality. (telephone seminar)


Advanced Planning & Drafting
Abstract: New Directions or the Well Worn Path? Best Practices of Trust and Estate Attorneys (IRA distribution, trust accounting income, proper application of the separate share rules, private unitrust vs. unitrust conversion. Irrevocable life insurance trust, maximizing estate income tax deductions not subject to the 2% floor, maximizing the credit shelter trust through the Hubert regulations, facilitating the making of a 754 election on death of a partner or LLC member.)-*Attorney-Client Privilege and other Ethical Considerations in Estate Planning (Conflicts of interest in representing spouses and multiple generations in estate planning and family owned entities; the operation of attorney client privilege in the context of joint representation and attorney client privilege and deceased clients.)-Planning for the Executive Compensation and Benefits (stock options, restricted stock, employer stock, qualified and non-qualified retirement plans) - The Rule Against Perpetuities and the NC Estate Planner (Multi-generational planning within NC. Income tax considerations regarding multi-generational trusts and estate and GST tax considerations.) - It's Better to Give When It is Less Taxing (valuation discounts and leverage, defined value clauses, installment sales, grantor trusts, incomplete gifts, and charitable giving.)


An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)
Abstract: n/a


An Ounce of Prevention is Worth a Pound of Cure (Estate Planning and Health Law Sections' Joint Program)
Abstract: Who Makes the Decision Now? A Basic Guide to Guardianship - The Current State and Implications of Medicare Part D - HIPAA Privacy: From Authorizations for Release to Enforcement - Medicaid Planning and Its Effects on Estate Planning and Advanced Directive Documents - Advance Directives from the View of the Drafter and Implementer - Future of Healthcare Decision Making in North Carolina (Related Topics: health care, Shiavo, medical & financial decisions, transfers, nursing care facilities)


Asset Protection for the Elderly: Saving the Work of a Lifetime from Depletion
Abstract: The population is aging rapidly as the proportion of people over 70 grows and those under 15 drops. Some estimate that 45% of the elderly require residential or nursing care. Local authorities have a legal obligation to provide certain care to the elderly. This is causing a growing tension between those authorities and estate planners, whose traditional client-driven goal is to preserve wealth an minimize taxation. This program will examine strategies for preserving the assets of the elderly and growing challenges to those plans. (telephone seminar)


Attorney Ethics in Negotiations
Abstract: What specific professional obligations does an attorney have when entering negotiations with another attorney? This program will examine the standards of conduct applicable to attorneys in negotiations, including those honesty, avoiding deception, and potential duties to disclose.


Basics of Elder Law
Abstract: n/a


Basics of Elder Law (Serving Seniors and Financing Long-Term Care in a Post-DEFRA World)
Abstract: Part I: Planning for Disability and Incompetence, Essential Documents and Important Provisions (Understanding Dementia - Panel Discussion Among Attorneys and Physicians Regarding Diminished Capacity and Assessing Legal Capacity - Financial Powers of Attorney - Health Care Powers of Attorney) - Part II: Other Issues Related to Diminishing Capacity (Guardianships) - Part III: Financing Long Term Care (Self-Pay and Medicare, Long-Term Care Insurance, Veterans' Benefits - Medicaid Planning - Medicaid Applications: Calculations and Filing, Medicaid Fair Hearings, Estate Recovery, Other Consequential Issues: Disinheritance and Special Needs Trust) (Related Topics: gifting powers, springing powers, revocations, conflicts of interest, undue influence, guardians powers, mediation, termination of guardianship, multi-jurisdictional issues, spend-down, non-countable assets, transfer of assets, protection of home, representing older clients)


Basics of Estate Administration ("You A-Z Guide")
Abstract: Pre-Qual Procedures ... Summary Admin and Small Estate Admin (Assets not subject to admin; small estates; summary admin; family allowances; estates composed of real estate only and transfers of motor vehicles) ... Qual and Post-Qual Procedures (Qual procedures for testate and intestate estates; determination of beneficiaries, etc.) ... Handling Assets (Handling bank accounts; CDs, stocks, bonds, mutual funds, DRIP accounts, life insurance, government bonds, income tax refunds, real property, tangible personal property, motor vehicles, mobile homes and beneficial interests in trusts and other estates) ... Handling Retirement Accounts (employee benefit plans, individual retirement accounts and annuities) ... Handling Business Assets (sole proprietorship, partnerships, LLCs, C and S corps and professional corps) ... Inventories, Accounting and Distributions (Inventories; annual and final accounts; distributions and apportionment of taxes) Estate Taxation (Fed and NC estate taxes) ... Decedent's Tax Returns (Final income tax returns; estate and trust income tax returns; gift tax returns and tax returns for other states) ... Guardianship (Guardianship practice and procedure; use of guardianship; standby guardians for minor children; guardianship alternatives; NC Uniform Transfers to Minors Act and NC Uniform Custodial Trust Act)


Basics of Will and Revocable Trust Drafting (2006)
Abstract: Basics of Estate Planning - Will Drafting: Non-Tax Issues - Will Drafting: Tax Issues - Revocable Trust Drafting (Related Topics: Title, Ownership, Beneficiary Designations, Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills, Transfer Tax, Exordium Clause, Funeral, Burial, Cremation, Tangible Personal Property, Real Property, Residuary Estate)


Basics of Will and Revocable Trust Drafting (2008)
Abstract: Basics of Estate Planning (Definition of estate planning; goals and objectives; significance of title, form or ownership and beneficiary designations; types of wills; statutory alternatives to wills; durable powers of attorney; health care powers of attorney; living wills; basic transfer tax concepts) ... Will Drafting: Non-Tax Issues (Exordium clause; payment of debts and other claims against the estate; funeral, burial or cremation instructions; devise of tangible personal property, real property and residuary estate; execution procedures) ... Will Drafting: Tax Issues (Planning for estate tax savings with marital and credit shelter trusts; tax implications of fiduciary selection and fiduciary powers) ... Revocable Trust Drafting (Uses of revocable trusts; funding issues and transfer of assets to trusts; disposition of personal property and real property; integration of tax planning strategies)


Elder Law: Preventing Physical and Financial Abuseand Preparing for the Final Years - Part 1 - Elder Abuse: Physical and Financial
Abstract: n/a


Elder Law: Preventing Physical and Financial Abuseand Preparing for the Final Years - Part 2 - Dealing with Nursing Homes: Ensuring Adequate Care
Abstract: n/a


Elder Law: Preventing Physical and Financial Abuseand Preparing for the Final Years - Part 3 - Preparing for Death: Planning and the Lawyers
Abstract: n/a


Elder Law: What's Important Now (11th Annual Elder Law Symposium)
Abstract: Special Needs Trust: Caregiving and Budgeting Considerations - Legislative Updates - Deficit Reduction Act Answers (DRA) - *Ethical Considerations in the Contested Guardianship - Special Needs (d)(4)(C) Pooled Trusts: Creation and Administration - Real Estate Transfers for Elder Law Attorneys - Use of Annuities for Medicaid Eligibility --- Get the answers you need to assist clients needing to qualify for Medicaid under the new Deficit Reduction Act (DRA) rules expected to be implemented in North Carolina early in 2007 - Get a clear understanding of how Special Needs Trusts, including (d)(4)(C) Pooled Trusts strategies, can help your clients, and how to create and administer those trusts within the strict requirements and to best assist with client care needs. - Learn how DRA changes the use of annuities for Medicaid eligibility, so that you can avoid traps and also plan better. - Examine ethical requirements involved when representing parties in contested guardianships.


End-of-Life Planning: New Living Will, Health Care Power of Attorney and Organ Donation Statutes
Abstract: n/a


Health Law Primer
Abstract: n/a


Information Security for Lawyers and Law Firms
Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.


Katrina Emergency Tax Relief Act of 2005
Abstract: On September 23, 2005, the Katrina Emergency Tax Relief Act (KETRA) of 2005 was signed into law. The $6.1 billion dollar bill directs substantial, time-limited tax benefits to those devastated by the storm. The new law also provides certain time-limited tax benefits to employers who hire evacuees. This teleseminar reviews the highlights of KETRA that will affect a number of practice areas. It is intended for attorney outside of the affected region who might advise clients in the region or evacuees who are resettling in other parts of the country. Topics to be covered include: Tax favored withdrawals from retirement plans; Loans from qualified plans for recovery expenses; Employer tax benefit for hiring displaced persons; Temporary suspension of limitations on charitable contributions; Exemptions for housing; Special Rules for Mortgage Revenue Bonds; Earned Income Credit and Child Credit


Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives
Abstract: Unique Psychological Problems Facing Lawyers o Non-Traditional Health Care Providers o *Recovering from Debilitating Mental Conditions or Addictions o Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment o Scarface: Unmasking the Stigma (Live program luncheon keynote speaker) o How the State Bar Processes Impaired Lawyer Cases o Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves o The Firm's Response to the Impaired Lawyer (counseling, quality of life, impaired lawyers, substance abuse, ethics, treatment centers, depression, alcohol addiction, drug addiction, privacy issues, intervention, treatment, private health providers, counseling)


Medicaid Update and Focus on Guardianship (10th Annual Elder Law Symposium)
Abstract: Medicaid and Medicare Update - Other Elder Law Recent Developments - Medicaid Planning: What's Left? - Guardianship Proceedings - Ethical Considerations in Guardianships - Understanding Dementia: When is Guardianship Needed? - Administering the Guardianship - Guardianship Mediation; Contested Guardianships and Appeals (Related Topics: Incompetence, Limited Guardianships, Guardian Ad Litem, Bonds, Accountings, Gifting, Assets, Terminating Guardianships, Cross-State Issues)


Separation of Powers Under the Federal and North Carolina Constitutions (Constitutional Rights and Responsibility Law Section Annual Meeting)
Abstract: Overview of Separation of Powers Philosophy Under the Federal and North Carolina Constitutions - North Carolina Separation of Powers: Where We've Been and Where We're Headed - The Practical Aspects of Separation of Powers in North Carolina - Separation of Powers during the "War on Terror" - Presidential Signing Statements (habeas corpus, separation of powers doctrine)


The Cybersleuth's Guide to the Internet
Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a