Get the Tools You Need to Effectively Resolve Estate Contests
After the testator's death, testamentary documents are the ruling force behind administering and closing the estate. But what if a mistake has been made or fraud committed? Our seasoned faculty will guide you through all the basic elements of probate litigation to prepare you for such a contingency. Don't spend years collecting precious bits of expertise – compress them into a day of engaging learning. Register today!
- Get practical tips for careful case selection and save time and resources.
- Learn to detect valid grounds for contesting a bequest, especially when incompetence and/or undue influence are involved.
- Avoid missing vital steps with a refresher on the will contest procedure.
- Maintain your impeccable reputation with tips for ethical legal conduct.
- Understand what evidence you'll need to collect during the investigation and how to use it.
- Review sample litigation forms to ensure their enforceability.
- Learn to use available ADR options to reach a quicker and more amiable resolution.
- Contest Grounds
9:00 - 10:15, David L. Drechsler and Michael J. Matasich
- Case Selection Tips
- Undue Influence
- Fraud or Mistake of Fact
- Inadequate Formalities
- Construction Actions (Petitioning the Court for Instructions)
- Pursuing and Defending Claims Against Fiduciaries
10:30 - 11:30, David L. Drechsler and Michael J. Matasich
- Fiduciary Accounting Issues
- Fiduciary Misconduct
- Fiduciary Removal
- Surcharge Actions
- Ethical Considerations
11:30 - 12:30, Christine S. Reid
- Avoiding Conflict of Interests
- Get Written Retainer
- Be Professional
1:30 - 2:05, Neil H. Spike
- Statutory Scheme
- Limitation of Actions
- Procedural Differences Between Counties
- Gathering the Evidence
2:05 - 2:40, David L. Drechsler and Michael J. Matasich
- Medical Records
- Social Security Records
- Bank Records
- Tax Returns
- Litigation Forms
2:55 - 3:55, Neil H. Spike
- Discovery in Probate Court Limited (Get a Broad Order – Model Request)
- Use of Subpoena Duces Tecum
- Citations to Discover Assets
- Citations to Recover Assets
- Interrogatories – Model
- Request for Admissions
- Notice to Produce/Inspect
- Alternate Dispute Resolution (ADR)
3:55 - 4:30, Christine S. Reid
- Mediation by Agreement
- Arbitration by Agreement
- FRCP Rule 16 Conference