Empowering Your Practice: Estate Planning Fundamentals

This presentation underscores the critical role of thoughtful, flexibly-drafted estate planning to ensure that a client’s wishes are effectively carried out over the course of many generations and withstand the test of time. A great estate plan is not just about drafting — it requires careful attention to detail, modern tools, and forward-thinking strategies to avoid common pitfalls. By following key Scrivener’s Commandments — handling plans with care, drafting with intention, leveraging technology, and anticipating real-world execution issues — estate planners can create documents that stand the test of time.

The discussion highlights major drafting mistakes, such as improperly funded trusts, conflicting asset designations, and inadequate tax planning, while offering practical solutions to avoid them. Ultimately, the success of an estate plan depends on its clarity, adaptability, and the planner’s ability to foresee and mitigate potential challenges before they arise.

Topics covered include: Practice Skills

Agenda:

Introduction & Overview
- Brief introduction of Leah Del Percio and her background
- The importance of estate planning with administration in mind
- Even the best estate plans fail without proper execution
The Estate Planner’s Commandments
- Handle With Care
- Never Thoughtlessly Draft
- Use Modern Resources
- Handle More Estate Administrations
Estate Administration: The Good, The Bad & The Ugly
- The Good: Fulfilling, profitable, and helps people during difficult times
- The Bad: Clients often face distress, and attorneys bear the burden of bad news
- The Ugly: Errors, fines, lawsuits, and malpractice risks if not handled properly
Common Mistakes in Estate Planning & How To Avoid Them
- Unfunded Revocable Trusts — Ensure funding to avoid probate
- Incomplete Revocable Trusts — Ensure all required signatures
- Specific Bequests of Nonprobate Assets — Be careful with retirement accounts & TODs
- Fluctuating Asset Bequests — Avoid unintended disparities
- Improper Allocation of Assets in Estate Tax States — State-specific planning matters
- Mishandling Tax-Deferred Assets — Use see-through trusts, avoid naming estate as beneficiary
- Not Accounting for Death During Divorce — Add protective language
- No Self-Proving Affidavit & No Bond Waiver — Best practices to avoid probate delays
- Distribution Terms Errors — Stick to clear ascertainable standards like HEMS
- Not Filing Portability Return — Don’t miss estate tax exemptions (IRS Form 706)
- Failing to Communicate Probate Delays — Set proper client expectations
- Practicing in States Where You’re Not Licensed — UTC differences between states
- Missing an Asset — Leads to tax consequences & probate issues
Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: March 05, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Leah shares her extensive experience as a trusts and estates attorney, emphasizing her role in fixing problematic wills and trusts. She discusses the complexities of estate planning and the importance of addressing contingencies in legal documents. Leah highlights the tools her company provides for drafting and administering estate planning documents.

05:11 Estate Planning Commandments

Leah discusses the importance of careful drafting in estate planning, emphasizing the need for precision and expertise. She introduces the 'scrivener's commandments,' starting with handling estate planning with care and seriousness. Leah warns against thoughtless drafting, noting that even seemingly simple plans can be complex. She advocates for using modern resources to assist in drafting and administration, while stressing the importance of experience in estate administration. Counseling clients is highlighted as a crucial aspect of creating effective estate plans.

14:27 Drafting and Administration Insights

Leah emphasizes the malpractice risks associated with poor drafting and the importance of understanding legal documents thoroughly. She advises against blindly relying on drafting software and stresses the need to understand every clause in estate planning documents. Powers of appointment are described as a valuable tool for estate planners, offering flexibility in asset allocation. Leah underscores the importance of using modern resources while maintaining a careful approach to drafting.

33:33 Key Estate Planning Considerations

Leah discusses common estate planning mistakes, such as unfunded revocable trusts and incomplete trust agreements. She warns against specific bequests of non-probate assets and the improper allocation of assets between spouses in estate tax states. Leah highlights the importance of considering tax implications when dealing with retirement assets in estate planning. She advises on the need for language in documents to account for spouses dying during divorce proceedings. Leah stresses the importance of including self-proving affidavits, even when this isn't strictly required. She highlights the importance of filing for portability when needed and providing secure will storage. Leah warns against practicing estate planning in states where one is not licensed and stresses the importance of understanding client assets.

01:02:15 Q&A and Conclusion

Leah recaps the key commandments of estate planning, emphasizing the importance of careful drafting and client counseling. She answers questions about trust protectors, powers of appointment, and the frequency of estate plan reviews. Leah discusses common errors in estate administration and strategies for drafting flexible distribution terms.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Leah Del Percio CEO & Founder
Trustate

Leah Del Percio is the President, CEO, and co-founder of Trustate, one of the world’s fastest-growing estate administration platforms. Since Trustate’s founding in 2020, Ms. Del Percio has been involved in all aspects of the firm's development and growth. Trustate provides B2B tools to various stakeholders throughout the estate administration process including law firms, wealth managers, banks, and accountants, amongst others. Today, the firm is an industry leader in the LegalTech space and is regularly featured as one of the top startups to watch. Read More ›