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From Estate Planning to Probate: Probate Proceedings, Managing Client Expectations, and Avoiding Ethical Pitfalls

2025-04-30 13:00:00

2025-04-30 13:00:00

2 Credits

Navigate probate proceedings from estate planning through administration, addressing fiduciary duties, client management, litigation strategies, and critical ethical considerations.

2025-04-30 13:00:00

Navigate probate proceedings from estate planning through administration, addressing fiduciary duties, client management, litigation strategies, and critical ethical considerations.

2025-04-30 13:00:00

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn foundational principles of estate planning and probate, step-by-step probate administration processes, and critical ethical considerations unique to probate law.

What will you gain

Attorneys will gain practical strategies for managing client expectations, avoiding litigation, and navigating complex ethical pitfalls in probate practice.

Undue Influence
Recognize red flags and protect susceptible clients from those who overcome their free will.
Testamentary Capacity
Assess whether clients have sufficient mind and memory to execute estate planning documents.
Probate Administration
Follow step-by-step procedures from fiduciary appointment through final accounting and estate closing.
Creditor Claims
Manage claim presentation deadlines, Medicaid exceptions, and insolvency priority payment rules.
Client Conflicts
Navigate current and former client conflicts when representing fiduciaries versus beneficiaries.
Diminished Capacity
Take protective actions while maintaining normal client relationships and respecting confidentiality rules.

What will you learn

Attorneys will learn foundational principles of estate planning and probate, step-by-step probate administration processes, and critical ethical considerations unique to probate law.

What will you gain

Attorneys will gain practical strategies for managing client expectations, avoiding litigation, and navigating complex ethical pitfalls in probate practice.

Agenda

Session 1

Estate Planning and Probate Foundational Principles

Session 2

Step-by-Step Walkthrough of Probate Administration Process

Session 3

Client Communications and Ethical Considerations in Probate

Session 4

Probate Litigation Disputes and Legal Strategies

Break

Scheduled Break for Attendee Refreshment

Session 5

Common Ethical Pitfalls in Probate Practice

Session 6

Representing Clients with Diminished Capacity Effectively

Session 7

Confidentiality Obligations and Responding to Subpoenas

clock 1:00 pm - 1:15 pm EST

Estate Planning and Probate Foundational Principles

Nicholas Sebastiano

Reminger Co. LPA

This session explores how estate planning decisions directly impact probate outcomes, with particular focus on guarding against undue influence and testamentary capacity issues. Attendees will learn key distinctions between probate and non-probate assets and how intestacy laws affect estate administration.

Nicholas Sebastiano

Reminger Co. LPA

clock 1:15 pm - 1:30 pm EST

Step-by-Step Walkthrough of Probate Administration Process

Nicholas Sebastiano

Reminger Co. LPA

This session provides a comprehensive guide to probate administration from application to final accounting. Participants will learn executor and administrator responsibilities, including marshaling assets, managing creditor claims, and making proper estate distributions.

Nicholas Sebastiano

Reminger Co. LPA

clock 1:30 pm - 1:45 pm EST

Client Communications and Ethical Considerations in Probate

Nicholas Sebastiano

Reminger Co. LPA

Learn strategies for setting clear client expectations through quality engagement letters and managing emotionally charged family dynamics. This session covers communication techniques that help avoid litigation and maintain professional boundaries with beneficiaries and fiduciaries.

Nicholas Sebastiano

Reminger Co. LPA

clock 1:45 pm - 2:00 pm EST

Probate Litigation Disputes and Legal Strategies

Nicholas Sebastiano

Reminger Co. LPA

This session examines common probate disputes including will contests based on lack of capacity, fraud, and undue influence. Attendees will explore fiduciary misconduct claims and compare alternative dispute resolution approaches with traditional litigation strategies.

Nicholas Sebastiano

Reminger Co. LPA

clock 2:00 pm - 2:10 pm EST

Scheduled Break for Attendee Refreshment

Nicholas Sebastiano

Reminger Co. LPA

A brief intermission allowing attendees to refresh before continuing with the remaining sessions on ethics and specialized representation topics.

Nicholas Sebastiano

Reminger Co. LPA

clock 2:10 pm - 2:30 pm EST

Common Ethical Pitfalls in Probate Practice

Nicholas Sebastiano

Reminger Co. LPA

This session addresses critical ethical challenges including properly defining scope of representation and navigating conflicts of interest with current and former clients. Attendees will learn when lawyer-as-witness rules apply and best practices for avoiding disciplinary issues.

Nicholas Sebastiano

Reminger Co. LPA

clock 2:30 pm - 2:50 pm EST

Representing Clients with Diminished Capacity Effectively

Nicholas Sebastiano

Reminger Co. LPA

Learn how to identify diminished capacity and maintain appropriate client relationships while taking protective actions when necessary. This session covers the spectrum of available interventions from least restrictive alternatives to guardianship proceedings.

Nicholas Sebastiano

Reminger Co. LPA

clock 2:50 pm - 3:10 pm EST

Confidentiality Obligations and Responding to Subpoenas

Nicholas Sebastiano

Reminger Co. LPA

This session reviews attorney-client privilege, confidentiality rules, and work product protections in probate contexts. Attendees will learn proper procedures for responding to subpoenas including when to resist, how to assert privilege, and compliance with final court orders.

Nicholas Sebastiano

Reminger Co. LPA

01 08
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Nicholas Sebastiano

Reminger Co. LPA

Nicholas Sebastiano

Reminger Co. LPA

P. Nicholas Sebastiano is a shareholder at Reminger Co. LPA practicing in the Cleveland office, focusing on litigating trust, estate, and other probate cases, as well as disputes regarding nonprobate transfers.

Professional Involvement

Nick is active in the legal and professional communities and maintains close working relationships throughout Northeast Ohio and Western Pennsylvania.

Experience

Nick has extensive experience administering trusts, estates, and guardianships. Throughout his years of practice, he has represented families, individuals, and businesses in all types of disputes. His experience allows him to handle complex State and Federal cases from start to finish. He employs a client centric approach, considering client goals and objectives to be of primary importance, and is both pragmatic and strategic in his approach to any engagement.

Nicholas Sebastiano

Reminger Co. LPA

P. Nicholas Sebastiano is a shareholder at Reminger Co. LPA practicing in the Cleveland office, focusing on litigating trust, estate, and other probate cases, as well as disputes regarding nonprobate transfers.

Professional Involvement

Nick is active in the legal and professional communities and maintains close working relationships throughout Northeast Ohio and Western Pennsylvania.

Experience

Nick has extensive experience administering trusts, estates, and guardianships. Throughout his years of practice, he has represented families, individuals, and businesses in all types of disputes. His experience allows him to handle complex State and Federal cases from start to finish. He employs a client centric approach, considering client goals and objectives to be of primary importance, and is both pragmatic and strategic in his approach to any engagement.

Plans

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Price varies based
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Number of New Webinars Added Yearly Limited
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Ability to Ask Questions During
the Presentation via a Chat Box
Included
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Mastering probate law protects clients from costly disputes, malpractice claims, and ethical violations during the largest wealth transfer in history.
$84T
Expected to transfer through 2045 from baby boomers and older generations to heirs, representing the largest intergenerational wealth transfer in history. (Cerulli Associates)
1in5
Seniors over age 65 are subject to elder financial exploitation, with undue influence being a major factor in abuse cases. (ABA/Public Policy Polling 2016)
10.7%
Of all legal malpractice claims nationally stem from estate, probate, and trust law, making it the fourth-riskiest practice area. (ABA Standing Committee on Lawyers’ Professional Liability)
68%
Of Americans lack a will, leaving estates subject to intestacy laws and increasing potential for family disputes and litigation. (Caring.com 2024 Wills Survey)

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