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

2025-11-05 14:00:00

2.5 hours

2025-11-05 14:00:00

2.5 Credits

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

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

1000+

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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

70,000+

Trusted by Legal Professionals

Course Overview

Mastering Probate, Fiduciary Litigation, and Ethics

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.

Key topics that will be covered

What will you learn

Attorneys will learn essential considerations for handling probate matters, from initial client assessment through litigation, along with critical ethical obligations in estate planning.

What will you gain

Attorneys will gain practical strategies for addressing common pitfalls and unique challenges posed by vulnerable clients and complex family dynamics.

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

What will you learn

Attorneys will learn essential considerations for handling probate matters, from initial client assessment through litigation, along with critical ethical obligations in estate planning.

What will you gain

Attorneys will gain practical strategies for addressing common pitfalls and unique challenges posed by vulnerable clients and complex family dynamics.

Agenda

Session 1

Identifying Problems and Planning in Probate Matters

Session 2

Efficient Litigation Strategies for Probate and Fiduciary Cases

Session 3

Navigating Ethics in Estate Planning and Trust Administration

clock 2:00 pm - 2:45 pm EST

Identifying Problems and Planning in Probate Matters

Charles R. Jacob III

Goulston & Storrs

David F. Johnson

Winstead P.C

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 III

Goulston & Storrs

David F. Johnson

Winstead P.C

clock 2:55 pm - 3:40 pm EST

Efficient Litigation Strategies for Probate and Fiduciary Cases

Charles R. Jacob III

Goulston & Storrs

David F. Johnson

Winstead P.C

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 III

Goulston & Storrs

David F. Johnson

Winstead P.C

clock 3:50 pm - 4:50 pm EST

Navigating Ethics in Estate Planning and Trust Administration

Charles R. Jacob III

Goulston & Storrs

David F. Johnson

Winstead P.C

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 III

Goulston & Storrs

David F. Johnson

Winstead P.C

01 03
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.

Charles R. Jacob III

Goulston & Storrs

David F. Johnson

Winstead P.C

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.

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

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.

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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.  

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