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Webinar: Contested Nonprobate Transfers – When the Estate Plan Trumps
February 26, 2021 @ 12:00 pm – 1:00 pm
1 Hour MCLE; 1 Legal Specialization in Estate Planning; Trust & Probate Law
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 payon‐ 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.
Speaker: Matt Owens
Matt Owens focuses his practice on trust, estate, and inheritance disputes. He has prosecuted and defended a wide range of matters in probate court, including trust contests, elder abuse actions, accountings, contested conservatorships and claims involving breach of fiduciary duty. His clients include high net worth individuals and families, corporate trustees, and private professional fiduciaries. Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. Matt frequently speaks and writes on trust and estate litigation topics, is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association, Estate Planning, Trust, and Probate Law Section. He was recognized as a Best Lawyers “Ones to Watch” for 2021, has been a Super Lawyers Rising Star each year since 2013, and was on Legal Week’s Private Client “Ones to Watch” list for 2017, 2018, and 2019.