Speaker: Paul D. Velasco
Topic: Most Common Estate Planning Mistakes that Lead to Litigation (or other court actions) and How to Avoid Them
In his trust litigation practice, Paul represents successor trustees and beneficiaries involved in disputes or other court proceedings that very often are the result of mistakes, omissions and/or bad planning by attorneys, paralegals or other professionals involved in the estate planning process, or by trust creators who drafted their own documents. These problems result from such errors as, failure to properly fund the Trust; failure to choose the right successor trustee; failure to address in the trust instrument the settlor’s intent regarding the disposition of jointly titled assets; failure to properly advise married clients regarding the different types of Trusts that can be created to address their desires regarding the disposition of the Trust upon the death of the first spouse and the different consequences of those options; failure to properly advise clients of available options for distributing assets to their children and other beneficiaries at death in a manner that protects those beneficiaries from divorce, lawsuits, creditors and other potential problems. Paul will discuss these situations and others and will suggest proper drafting techniques to avoid or minimize family disputes and will provide sample provisions that can be included in the trust and other estate planning documents to ensure that the settlor’s testamentary intent may be properly carried out.
Paul D. Velasco, founder of Velasco Law Group, APC. Paul has been practicing law for more than 22 years and focuses his practice exclusively on estate planning, probate and trust administration, as well as probate and trust litigation. He is a Certified Specialist in Estate Planning, Trust and Probate Law and lectures extensively on trust and estate planning matters for wealth management advisors, corporate trustees, real estate professionals and other professional groups. Paul and his firm have represented Farmers & Merchants Trust Company of Long Beach, Wells Fargo Bank, N.A., Union Bank, and other professional trustees as legal counsel on various trust, probate and litigation matters.