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2025-06-19 13:00:00

Practical strategies for identifying trustee misconduct, understanding fiduciary duties, pursuing legal remedies, and mastering deposition techniques.

2025-06-19 13:00:00

Practical strategies for identifying trustee misconduct, understanding fiduciary duties, pursuing legal remedies, and mastering deposition techniques.

2025-06-19 13:00:00

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Course Overview

Remedying Trustee Misconduct and Fiduciary Breaches

Attorneys will gain practical tools to identify trustee misconduct red flags, pursue effective legal remedies, and conduct depositions that expose fiduciary breaches. These strategies help protect beneficiaries and build compelling cases.

Fiduciary Duties

Analyze core trustee obligations under Probate Code.

Misconduct Recognition

Identify red flags signaling potential trustee breaches.

Legal Remedies

Pursue removal, suspension, and financial recovery actions.

Deposition Strategies

Apply techniques exposing self-dealing and HEMS violations.

Course Overview

Remedying Trustee Misconduct and Fiduciary Breaches

Attorneys will gain practical tools to identify trustee misconduct red flags, pursue effective legal remedies, and conduct depositions that expose fiduciary breaches. These strategies help protect beneficiaries and build compelling cases.

Fiduciary Duties

Analyze core trustee obligations under Probate Code.

Misconduct Recognition

Identify red flags signaling potential trustee breaches.

Legal Remedies

Pursue removal, suspension, and financial recovery actions.

Deposition Strategies

Apply techniques exposing self-dealing and HEMS violations.

Why Attend

Why this 
program matters

Mastering trustee fiduciary duties and breach remedies is crucial as the unprecedented $84 trillion wealth transfer increases litigation risk dramatically.
$84T
Baby boomers and the Silent Generation will bequeath $84.4 trillion in assets through 2045, with $72.6 trillion going directly to heirs. (Cerulli Associates)
#1
Estate, trust, and probate ranks as the riskiest practice area for legal malpractice claims according to the 2020-2023 ABA Study. (ABA Standing Committee on Lawyers’ Professional Liability)
30%
Of wealthy people cite inheritance as a cause of past, current, or future family strain according to the 2024 Bank of America Private Bank Study. (Bank of America Private Bank)
2/3
Almost two out of three trust disputes are caused by disharmony amongst beneficiary groups according to Herbert Smith Freehills survey. (Herbert Smith Freehills LLP)

Agenda

Session 1

Fiduciary Duties of Trustees: The Legal Framework

Session 2

Recognizing Red Flags of Trustee Misconduct

Session 3

Legal Remedies and Action Steps for Beneficiaries

Session 4

Trustee Depositions: Strategies and Practical Examples

clock 1:00 pm - 1:30 pm EST

Fiduciary Duties of Trustees: The Legal Framework

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

This session establishes the foundational legal standards governing trustee conduct, including the duty of loyalty, prudent investor obligations, and duties to inform beneficiaries. Attendees will explore how California Probate Code sections 16000-16015 define these obligations and the consequences when trustees breach their fiduciary duties.

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

clock 1:30 pm - 2:00 pm EST

Recognizing Red Flags of Trustee Misconduct

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

Learn to identify warning signs that indicate potential trustee misconduct, from unusual investment patterns and commingling of funds to communication breakdowns with beneficiaries. This session covers trust document manipulation, HEMS standard violations, and administrative failures that should prompt further investigation.

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

clock 2:10 pm - 2:40 pm EST

Legal Remedies and Action Steps for Beneficiaries

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

This session examines the range of legal remedies available when trustee misconduct is discovered, including emergency court interventions, trustee suspension and removal petitions, and surcharge actions. Attendees will learn practical strategies for building cases through discovery techniques and when settlement may be the most effective resolution.

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

clock 2:40 pm - 3:10 pm EST

Trustee Depositions: Strategies and Practical Examples

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

Master effective deposition techniques specifically tailored for trust litigation, including the powerful ‘Yes And Method’ for lowering witness defenses and exposing misconduct. This session provides practical guidance on questioning techniques to document HEMS violations, conflicts of interest, and breaches of fiduciary duty.

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

01 04
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how to identify red flags of trustee misconduct, understand fiduciary duties under Probate Code sections 16000-16015, and master effective deposition techniques.

What will you gain

Attorneys will gain practical tools to document fiduciary breaches, pursue legal remedies including trustee removal, and achieve favorable settlements in trust litigation.

Fiduciary Duties
Trustees must follow Probate Code sections 16000-16015 governing loyalty, prudent investment, and transparency.
Red Flags
Warning signs include commingling funds, unexplained losses, and communication breakdowns with beneficiaries.
Legal Remedies
Options range from demanding accountings to petitioning for trustee suspension or removal.
Deposition Strategy
The “yes and” method lowers defenses then contrasts expectations with actual conduct.
HEMS Violations
Trustees commonly violate health, education, maintenance, and support distribution standards nationwide.
Professional Fiduciaries
Third-party licensed fiduciaries provide disinterested oversight and have a calming effect on families.

What will you learn

Attorneys will learn how to identify red flags of trustee misconduct, understand fiduciary duties under Probate Code sections 16000-16015, and master effective deposition techniques.

What will you gain

Attorneys will gain practical tools to document fiduciary breaches, pursue legal remedies including trustee removal, and achieve favorable settlements in trust litigation.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
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of 1 to 3+ hours
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Custom
based on firm size
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Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
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Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
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Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

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.

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Hackard Law Corporation

John DePiazza

Akel DePiazza Fiduciary

Michael A. Hackard

Hackard Law Corporation

Michael A. Hackard is the founder of Hackard Law Corporation, a Sacramento-based firm renowned for its focus on estate, trust, and financial elder abuse litigation. With over 40 years of courtroom experience, he is recognized as one of California’s foremost authorities on trust disputes, fiduciary litigation, and elder financial abuse.

Recognition & Leadership

Frequent commentator and trusted resource for national media, featured in The Wall Street Journal, AARP, ThinkAdvisor, Fox News, C-SPAN, and other leading publications. Author of four books on elder financial abuse and estate litigation, including 'The Wolf at the Door: Undue Influence and Elder Financial Abuse' (2017), 'Alzheimer's, Widowed Stepmothers & Estate Crimes' (2019), and 'Inheritance Heists' (2025).

Experience

Over 40 years of courtroom experience. Practice centers on high-stakes, contingency fee estate and trust litigation throughout Northern and Southern California. Expertise includes trust and estate litigation, will contests and trust challenges, elder financial abuse claims, trustee removal proceedings, fiduciary duty breaches, and traumatic brain injury litigation. Has testified before the United States House Ways & Means Committee and the FDA.

Michael A. Hackard

Hackard Law Corporation

Michael A. Hackard is the founder of Hackard Law Corporation, a Sacramento-based firm renowned for its focus on estate, trust, and financial elder abuse litigation. With over 40 years of courtroom experience, he is recognized as one of California’s foremost authorities on trust disputes, fiduciary litigation, and elder financial abuse.

Recognition & Leadership

Frequent commentator and trusted resource for national media, featured in The Wall Street Journal, AARP, ThinkAdvisor, Fox News, C-SPAN, and other leading publications. Author of four books on elder financial abuse and estate litigation, including 'The Wolf at the Door: Undue Influence and Elder Financial Abuse' (2017), 'Alzheimer's, Widowed Stepmothers & Estate Crimes' (2019), and 'Inheritance Heists' (2025).

Experience

Over 40 years of courtroom experience. Practice centers on high-stakes, contingency fee estate and trust litigation throughout Northern and Southern California. Expertise includes trust and estate litigation, will contests and trust challenges, elder financial abuse claims, trustee removal proceedings, fiduciary duty breaches, and traumatic brain injury litigation. Has testified before the United States House Ways & Means Committee and the FDA.

Brian Geremia

Hackard Law Corporation

Brian Geremia is a senior attorney at Hackard Law specializing in trust, estate, and elder financial abuse litigation, including will and trust contests, trustee breach of fiduciary duty claims, accountings, deed cancellations, and related matters.

Education & Credentials

Graduated with distinction from Pacific McGeorge School of Law in 2015, where he served as a staff writer and Chief Online Editor for the McGeorge Law Review. Gained practical experience as a student-attorney for three semesters in the Elder & Health Law Clinic. Graduate of Jesuit High School, Sacramento (2002) and Loyola Marymount University (B.A., English with honors, 2006).

Recognition & Leadership

Three-time Super Lawyers Rising Star honoree. Client Platinum Champion award from Martindale, recognizing exceptional client service with over thirty 5-star client reviews.

Professional Involvement

Alumni mentor for first-year students at Pacific McGeorge School of Law and panel member for the Elder Law & Social Policy course, sharing insights on estate planning and trust litigation.

Experience

Senior attorney at Hackard Law since 2017. Prior to joining Hackard Law, represented charter schools at Young, Minney & Corr. Co-founded the Ancestral Health Society, a nonprofit organization hosting annual symposiums on health and nutrition, and Academic Impact, a tutoring and college counseling business.

John DePiazza

Akel DePiazza Fiduciary

John DePiazza is an Army veteran and West Point graduate with 28 years of active and reserve service who brings a multifaceted background combining leadership, technical expertise, and deep commitment to ethical service to his fiduciary practice.

Education & Credentials

West Point graduate. UC Davis MBA. Holds multiple professional degrees, licenses, and certifications including California Licensed Professional Fiduciary, Certified National Guardian, Certified Senior Adviser, Residential Care for the Elderly Administrator, General Contractor, Professional Project Manager, and Civil Engineer.

Professional Involvement

Actively engaged in supporting veteran and elder communities, advocating for dignity, respect, and quality of life for vulnerable populations.

Experience

28 years of active and reserve military service. Extensive experience in corporate operations with a project management and team approach to fiduciary service. Leads one of the larger fiduciary teams in California with experience in trusts of all types, estates and probate, health care agent, and conservatorships. Diverse career spans engineering, project management, and elder care administration.

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