Contested Non-probate Transfers – When the Estate Plan Trumps

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Contested Non-probate Transfers – When the Estate Plan Trumps

Trusts and Estates Section

Credit(s):

1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Participatory MCLE Credits

Course Number:

TE_02-26-21

Original Program Date:

February 26, 2021

Duration:

1 hour 1 minute

Access:

Available for 3 months after Registration

Passport:

This product is Passport Eligible

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This presentation will cover best practices for handling nonprobate transfers when the documents on file with the bank conflict with the decedent's estate plan. For example, what should the fiduciary do when the person named in the beneficiary designation form for a pay on‐ death account is different than the beneficiaries named under the decedent's will or trust disposing of the account. What about a general assignment that assigns all assets to a trust: does the assignment trump the bank's forms? These questions and more are answered as the speaker covers the default rules for nonprobate transfers, as well as the clear‐and‐convincing‐evidence exception to those rules that is spawning probate litigation across California.

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