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Avoiding Probate Disasters: How to Spot Problems, Litigate Effectively, and Stay Ethical

Comprehensive guide covering probate litigation strategies, will validity requirements, fiduciary duties, and ethical obligations for estate planning attorneys.

2025-11-05 14:00:00

2.5 hours

Program Details

2025-11-05 14:00:00

2025-11-05 14:00:00

2.5h CLE Credits

2025-11-05 14:00:00

2.5 hours

Program Details

2025-11-05 14:00:00

Program Details

2025-11-05 14:00:00

Over 1,000+ webinars

2025-11-05 14:00:00

2.5 hours

Course Overview

Mastering Probate, Fiduciary Litigation, and Ethics

2025-11-05 14:00:00

Participants will learn to identify probate pitfalls, litigate fiduciary disputes efficiently, and navigate ethical obligations when representing executors, trustees, and clients with diminished capacity. These skills enable practitioners to protect client interests while maintaining professional compliance.

Format

CLE Credit

2.5h CLE Credits

Level

Intermediate

Length

2.5

Key topics that will be covered

01
Will Validity
Understand capacity requirements, execution standards, and witness considerations for establishing valid wills.
02
Asset Titling
Learn how property titling determines whether assets pass through probate or by operation of law.
03
Undue Influence
Identify common patterns and documentation strategies to prevent or defeat undue influence claims.
04
Probate Litigation
Handle notice requirements, due execution challenges, and strategic use of summary judgment.
05
Client Identification
Determine who the client is when individuals serve in multiple fiduciary capacities.
06
Diminished Capacity
Apply Model Rule 1.14 framework for clients with diminished capacity and protective actions.

Program schedule

clock 2:00 pm - 2:45 pm EST

Identifying Problems and Planning in Probate Matters

This session covers the fundamentals of probate practice, including establishing will validity, capacity requirements, and proper execution procedures. Attendees will learn how to identify potential heir disputes, document client intent to prevent future litigation, and utilize mechanisms like trusts and beneficiary designations to avoid probate.

Charles R. Jacob IIICharles R. Jacob III
David F. JohnsonDavid F. Johnson
clock 2:55 pm - 3:40 pm EST

Efficient Litigation Strategies for Probate and Fiduciary Cases

This session explores the procedural requirements of probate litigation, from proper notice to beneficiaries and creditors through establishing due execution of wills. Participants will examine common probate problems including gift failures, spousal rights, and undue influence claims, while learning strategies for efficient case resolution through summary judgment and settlement.

Charles R. Jacob IIICharles R. Jacob III
David F. JohnsonDavid F. Johnson
clock 3:50 pm - 4:50 pm EST

Navigating Ethics in Estate Planning and Trust Administration

This comprehensive ethics session addresses critical issues including identifying the client across multiple capacities, managing joint representation conflicts, and understanding attorney-client privilege exceptions in fiduciary relationships. Attendees will also learn how to handle clients with diminished capacity under Model Rule 1.14 and navigate the ethical considerations when attorneys serve as fiduciaries.

Charles R. Jacob IIICharles R. Jacob III
David F. JohnsonDavid F. Johnson
Charles R. Jacob III

Charles R. Jacob III

Goulston & Storrs

David F. Johnson

David F. Johnson

Winstead P.C

Charles R. Jacob III

Charles R. Jacob III

Goulston & Storrs

Chuck Jacob is a litigator advising financial and real estate industry clients and high net worth individuals in complex disputes across the financial and real estate industries, and in fiduciary matters.

Experience

In his financial industry practice, he has asserted and defended claims for institutional clients, managers, executives and high net worth individuals involving commercial and investment banking, mortgage-backed securities, CDOs and other derivatives, mortgage servicing, professional liability, and fiduciary obligations. Chuck is known for his ability to resolve complicated real estate litigation matters that often involve multiple parties. He is also a member of Goulston & Storrs' Probate & Fiduciary Litigation group. Chuck has extensive trial experience in federal courts (including bankruptcy courts), state courts, and in arbitration and mediation. Prior to joining Goulston & Storrs, Chuck was a partner at a top litigation boutique in New York.
David F. Johnson

David F. Johnson

Winstead P.C

David has specialized in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David is a unique lawyer in that he has extensive trial and appellate experience, which has resulted in his achieving board certifications in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization.

Charles R. Jacob III

Charles R. Jacob III

Goulston & Storrs

Chuck Jacob is a litigator advising financial and real estate industry clients and high net worth individuals in complex disputes across the financial and real estate industries, and in fiduciary matters.

Experience

In his financial industry practice, he has asserted and defended claims for institutional clients, managers, executives and high net worth individuals involving commercial and investment banking, mortgage-backed securities, CDOs and other derivatives, mortgage servicing, professional liability, and fiduciary obligations. Chuck is known for his ability to resolve complicated real estate litigation matters that often involve multiple parties. He is also a member of Goulston & Storrs' Probate & Fiduciary Litigation group. Chuck has extensive trial experience in federal courts (including bankruptcy courts), state courts, and in arbitration and mediation. Prior to joining Goulston & Storrs, Chuck was a partner at a top litigation boutique in New York.
David F. Johnson

David F. Johnson

Winstead P.C

David has specialized in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David is a unique lawyer in that he has extensive trial and appellate experience, which has resulted in his achieving board certifications in civil trial law, civil appellate, and personal injury trial law by the Texas Board of Legal Specialization.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO2.0
CT1.5
DC
DE1.5
FL1.5
GA1.5
HI1.5
IA0.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA2.5
MD2.5
ME1.5
MI2.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.5
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI1.5
SC1.5
SD2.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI3.0
WV1.8
WY1.5

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

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Approved
Illinois
Approved
Indiana
Approved
Iowa
Approved
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs