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Fiduciary Forensics: Trust Accountings, Surcharge, and Elder Financial Exploitation

Master trust accounting disputes and elder exploitation claims—calculate surcharge damages, build forensic cases, apply burden-shifting analyses, and coordinate civil litigation with parallel criminal proceedings in active matters

2026-07-31 13:00:00

Program Details

2026-07-31 13:00:00

2026-07-31 13:00:00

Over 1,000+ webinars

2026-07-31 13:00:00

Program Details

2026-07-31 13:00:00

Program Details

2026-07-31 13:00:00

Over 1,000+ webinars

2026-07-31 13:00:00

1000+

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24/7

Access to live webinars & recordings

10,000+

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

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

Course Overview

The Aging Population Met the Power of Attorney—And the Litigation Followed

2026-07-31 13:00:00

A fiduciary accounting that once cleared without challenge now draws an objection, a surcharge claim, and a forensic accountant pulling the trust apart line by line. Two of the most actively litigated fronts in trust and estate law are converging—the wave of surcharge claims following high-profile accounting disputes, and the surge in elder financial exploitation driven by an aging population and increasingly aggressive use of powers of attorney. Litigators, estate and trust attorneys, and elder law practitioners are on the hook in any jurisdiction, and an outdated read of an exculpatory clause or a no-contest provision can collapse a client’s position fast. This program delivers the full dispute cycle—objection mechanics, burden-of-proof and burden-shifting analyses, the prudent investor surcharge, forensic financial evidence, and state statutory models across California, Texas, Florida, and Nebraska—grounded in recent appellate decisions rather than theory. You will leave able to challenge or defend an accounting at every procedural stage, calculate surcharge damages, and build or dismantle an exploitation claim.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Surcharge remedy
Damages theories and recent case law reshaping the ceiling and floor of liability.
02
Procedural requirements
Service, standing, burden of proof, and statutes of limitations governing accounting objections.
03
Exculpatory clauses
Consent defenses and jurisdictional variation affecting the risk-reward calculus of filing objections.
04
Prudent investor
Investment-based surcharge, forensic accounting, and application of the prudent investor standard.
05
Undue influence
Doctrinal frameworks, the burden-shifting presumption, and their limits under emerging scholarship.

Program schedule

clock 1:00 pm - 2:00 pm EST

Challenging and Defending Trust and Estate Accountings in Surcharge

Covers the full litigation lifecycle—objection mechanics, burden-of-proof rules, damages calculation, exculpatory clause analysis, and the prudent investor surcharge.

Matthew A. BourqueMatthew A. Bourque
clock 2:10 pm EST

Proving Financial Exploitation and Undue Influence of Elder Clients |

Equips attorneys with legal frameworks, evidentiary tools, and statutory remedies, including the burden-shifting presumption, power of attorney abuse, and forensic financial evidence.

Matthew A. BourqueMatthew A. Bourque
Matthew A. Bourque

Matthew A. Bourque

RMO,LLP

Matthew A. Bourque

Matthew A. Bourque

RMO,LLP

Matthew A. Bourque serves as Managing Partner of RMO LLP’s Dallas and Houston offices. A thoughtful, diligent litigator, Matthew focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. As supported by his accomplished track record, he is able to calmly and expertly handle the most tumultuous situations with relative ease while securing results for his clients that allow them to move past their dispute and on with their lives. Matthew primarily handles probate litigation matters including will contests, fiduciary litigation to recover mis-funded, misapplied, or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.

Education & Credentials

Matthew received his Juris Doctor from Boston University School of Law, with a concentration in litigation and dispute resolution. He graduated magna cum laude from The George Washington University, where he majored in Political Science with a minor in Spanish. He is a member of the State Bar of Texas and is admitted to practice before the U.S. District Court for the Northern District of Texas.

Recognition & Leadership

Matthew has been recognized as a Best Lawyers: Ones to Watch honoree in Trusts and Estates Litigation for 2025–2026, and was named to the Lawdragon 500 X – The Next Generation list in 2025. He was elevated to Managing Partner of RMO LLP's Dallas and Houston offices, and has been featured as an interviewee on KHOU 11's VERIFY segment and KERA News.

Professional Involvement

Matthew serves as a Board Member of the Probate Section of the Collin County Bar Association and as a Branch Committee Member of STEP Texas. He is a member of the Society of Trust & Estate Practitioners, the Trusts and Estates Section of the Dallas Bar Association, the Dallas Estate Planning Council, and the Independent Trustee Alliance, and serves as an Executive Committee Member of ProVisors.

Experience

Matthew's representative matters reflect the full range of contested trust, estate, and guardianship disputes. He prevailed at trial for clients whose stepmother procured an invalid will from their dementiastricken father, securing findings of bad faith that prevented her from recovering attorney's fees from the estate. He obtained an emergency guardianship order for a client whose brother planned to relocate their incapacitated father to an unsafe environment, removed an executor who stole several hundred thousand dollars in estate funds while preserving the remainder for national charity clients, and secured injunctive relief requiring the return of $2,000,000 in unlawfully distributed estate funds. He has defended an elderly client against a guardianship proceeding orchestrated by her son-in-law, protected a client's six-figure inheritance against contesting relatives, exonerated a trustee falsely accused of mismanagement, and won a judgment invalidating a ladybird deed to restore a widower's homestead rights. His appellate work includes Williams v. Tanner (Tex. App.—Dallas 2023), Golfis v. Houillion (Tex. App.—Dallas 2016 and 2014), Transitional Entity, LP v. Elder Care, LP (Tex. App.—Dallas 2016), and Sherrill v. Williams (Tex. App.—Dallas 2015).
Matthew A. Bourque

Matthew A. Bourque

RMO,LLP

Matthew A. Bourque serves as Managing Partner of RMO LLP’s Dallas and Houston offices. A thoughtful, diligent litigator, Matthew focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. As supported by his accomplished track record, he is able to calmly and expertly handle the most tumultuous situations with relative ease while securing results for his clients that allow them to move past their dispute and on with their lives. Matthew primarily handles probate litigation matters including will contests, fiduciary litigation to recover mis-funded, misapplied, or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.

Education & Credentials

Matthew received his Juris Doctor from Boston University School of Law, with a concentration in litigation and dispute resolution. He graduated magna cum laude from The George Washington University, where he majored in Political Science with a minor in Spanish. He is a member of the State Bar of Texas and is admitted to practice before the U.S. District Court for the Northern District of Texas.

Recognition & Leadership

Matthew has been recognized as a Best Lawyers: Ones to Watch honoree in Trusts and Estates Litigation for 2025–2026, and was named to the Lawdragon 500 X – The Next Generation list in 2025. He was elevated to Managing Partner of RMO LLP's Dallas and Houston offices, and has been featured as an interviewee on KHOU 11's VERIFY segment and KERA News.

Professional Involvement

Matthew serves as a Board Member of the Probate Section of the Collin County Bar Association and as a Branch Committee Member of STEP Texas. He is a member of the Society of Trust & Estate Practitioners, the Trusts and Estates Section of the Dallas Bar Association, the Dallas Estate Planning Council, and the Independent Trustee Alliance, and serves as an Executive Committee Member of ProVisors.

Experience

Matthew's representative matters reflect the full range of contested trust, estate, and guardianship disputes. He prevailed at trial for clients whose stepmother procured an invalid will from their dementiastricken father, securing findings of bad faith that prevented her from recovering attorney's fees from the estate. He obtained an emergency guardianship order for a client whose brother planned to relocate their incapacitated father to an unsafe environment, removed an executor who stole several hundred thousand dollars in estate funds while preserving the remainder for national charity clients, and secured injunctive relief requiring the return of $2,000,000 in unlawfully distributed estate funds. He has defended an elderly client against a guardianship proceeding orchestrated by her son-in-law, protected a client's six-figure inheritance against contesting relatives, exonerated a trustee falsely accused of mismanagement, and won a judgment invalidating a ladybird deed to restore a widower's homestead rights. His appellate work includes Williams v. Tanner (Tex. App.—Dallas 2023), Golfis v. Houillion (Tex. App.—Dallas 2016 and 2014), Transitional Entity, LP v. Elder Care, LP (Tex. App.—Dallas 2016), and Sherrill v. Williams (Tex. App.—Dallas 2015).

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Legal updates that every attorney needs to know

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
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
Pending
Wyoming
Pending

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