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Resolving Estate, Will and Trust Contests  

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This basic-to-intermediate level seminar will provide a detailed overview of probate litigation practice for: Attorneys, Paralegals, Guardians, Personal Representatives

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Seminar Summary:

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. (see full course description)

 

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Training Course Syllabus:


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.


  1. Contest Grounds
    9:00 - 10:15, David L. Drechsler and Michael J. Matasich
    1. Case Selection Tips
    2. Incompetence
    3. Undue Influence
    4. Fraud or Mistake of Fact
    5. Revocation
    6. Inadequate Formalities
    7. Construction Actions (Petitioning the Court for Instructions)
    8. Other
  2. Pursuing and Defending Claims Against Fiduciaries
    10:30 - 11:30, David L. Drechsler and Michael J. Matasich
    1. Fiduciary Accounting Issues
    2. Fiduciary Misconduct
    3. Fiduciary Removal
    4. Surcharge Actions
  3. Ethical Considerations
    11:30 - 12:30, Christine S. Reid
    1. Avoiding Conflict of Interests
    2. Get Written Retainer
    3. Be Professional
  4. Procedure
    1:30 - 2:05, Neil H. Spike
    1. Statutory Scheme
    2. Equity
    3. Limitation of Actions
    4. Procedural Differences Between Counties
  5. Gathering the Evidence
    2:05 - 2:40, David L. Drechsler and Michael J. Matasich
    1. Medical Records
    2. Social Security Records
    3. Bank Records
    4. Tax Returns
    5. Depositions
  6. Litigation Forms
    2:55 - 3:55, Neil H. Spike
    1. Discovery in Probate Court Limited (Get a Broad Order – Model Request)
    2. Use of Subpoena Duces Tecum
    3. Citations to Discover Assets
    4. Citations to Recover Assets
    5. Interrogatories – Model
    6. Request for Admissions
    7. Notice to Produce/Inspect
    8. Depositions
  7. Alternate Dispute Resolution (ADR)
    3:55 - 4:30, Christine S. Reid
    1. Mediation by Agreement
    2. Arbitration by Agreement
    3. FRCP Rule 16 Conference

Seminar Summary:

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. (see full course description)

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