Trust and Probate Challenges: Minimizing and Litigating Claims of Undue Influence, Fraud, Capacity and Mistakes
Overcoming Evidentiary Hurdles With Medical Records, Documentation, Experts and Other Witnesses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare estate planning counsel to litigate challenges to the will or trust documents. Our panelists will discuss the substantive bases for challenging wills and trusts, differing procedural requirements, and handling difficult evidentiary issues.
Outline
- Substantive bases for will and trust document litigation
- Undue influence
- Lack of capacity
- Fraud
- Evidentiary challenges
- Effective use of witnesses
- Medical records
- Experts
- Planning techniques to prevent or mitigate evidentiary and proof issues
- Case law trends
Benefits
The panel will review these and other key issues:
- What are the substantive bases for will and trust litigation?
- What are best practices to either prove or defend against a challenge to a will or trust?
- How can counsel effectively use various forms of evidence to his advantage?
- What proactive techniques can help eliminate or mitigate challenges to clients’ estate or trust plans?
Faculty
James A. Bush, Esq.
Law Offices of James A. Bush
Mr. Bush’s practice focuses on the litigation of trusts, estates, and probate matters. Matters in which he has... | Read More
Mr. Bush’s practice focuses on the litigation of trusts, estates, and probate matters. Matters in which he has been involved have included challenges to trusts and wills based upon claims of undue influence, fraud, lack of capacity, or mistake; claims of breach of fiduciary duty and/or requests to change a trustee or personal representative; demands for accountings, requests to approve accountings, and objections to accountings; claims of financial elder abuse; other matters of trust or estate administration; powers of appointment; conservatorships; requests to modify estate planning documents; distributions where there is no will or trust; and other issues.
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Adam M. Fried
Reminger Co.
Mr. Fried concentrates his practice on matters of estate, trust, probate and guardianship controversy. He also counsels... | Read More
Mr. Fried concentrates his practice on matters of estate, trust, probate and guardianship controversy. He also counsels clients in the areas of probate administration, trust administration and guardianship, and estate planning. His litigation practice includes a wide array of issues including pursuing or defending a will contest, a trust dispute, or challenging the activities of a trustee, executor or guardian.
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Franklin C. Malemud, Esq.
Reminger Co.
Mr. Malemud's practice focuses on the firm's probate court and trust litigation group which deals primarily... | Read More
Mr. Malemud's practice focuses on the firm's probate court and trust litigation group which deals primarily with litigation involving wills, trusts, guardianship, conservatorship, powers of attorney, and living wills. He also counsels clients in the areas of probate and trust administration, guardianships and estate planning. In addition, he defends professional liability litigation with a focus upon lawyer negligence.
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