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2025-10-16 13:00:00

2 Credits

Examines trustee duties, fiduciary abuse red flags, grounds for removal, undue influence indicators, and essential controls for protecting trust beneficiaries.

2025-10-16 13:00:00

Examines trustee duties, fiduciary abuse red flags, grounds for removal, undue influence indicators, and essential controls for protecting trust beneficiaries.

2025-10-16 13:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn California trustee duties, grounds for fiduciary removal and suspension, red flags indicating breach of trust, and how to prove undue influence.

What will you gain

Attorneys will gain practical knowledge to identify fiduciary abuse, protect beneficiaries from fraud and embezzlement, and implement preventive controls in estate administration.

Trustee Duties
California law requires trustees to act with loyalty, impartiality, care, and transparency.
Fiduciary Removal
Courts can suspend trustees facing removal when trust property faces imminent harm.
Undue Influence
Excessive persuasion overcoming free will can invalidate trusts through statutory or common law.
Red Flags
Watch for lack of transparency, self-dealing, favoritism, and improper investment strategies.
Beneficiary Trustees
Beneficiaries serving as trustees create conflict of interest risks requiring additional oversight.
Financial Controls
Regular accountings and bank reconciliations prevent and detect fraud and embezzlement.

What will you learn

Attorneys will learn California trustee duties, grounds for fiduciary removal and suspension, red flags indicating breach of trust, and how to prove undue influence.

What will you gain

Attorneys will gain practical knowledge to identify fiduciary abuse, protect beneficiaries from fraud and embezzlement, and implement preventive controls in estate administration.

Agenda

Session 1

Recognizing Fiduciary Abuse and Undue Influence in Trusts

Session 2

Identifying Fraud and Maintaining Controls Over Estates

clock 1:00 pm - 2:00 pm EST

Recognizing Fiduciary Abuse and Undue Influence in Trusts

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

This session explores the essential duties trustees owe to beneficiaries under California law, including loyalty, impartiality, and the prudent investor rule. Attendees will learn to identify red flags of fiduciary abuse, understand grounds for trustee removal and suspension, and examine both common law and statutory frameworks for proving undue influence in estate planning documents.

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

clock 2:10 pm - 3:10 pm EST

Identifying Fraud and Maintaining Controls Over Estates

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

This session examines the benefits and significant risks of having a beneficiary serve as trustee, including conflicts of interest and potential for self-dealing. Participants will learn to recognize common fraud schemes such as excessive fees, commingling, and asset valuation manipulation, while understanding the importance of preventive and detective controls including regular accountings, professional oversight, and bank reconciliations.

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

01 02
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.

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

John Scheerer focuses his practice exclusively on trusts, estates and conservatorship litigation, successfully handling matters before the Probate Department of the Superior Court as well as appeals in the California Court of Appeal.

Education & Credentials

J.D. from the University of California, Los Angeles School of Law on full merit scholarship, elected to Order of the Coif, received Dean's Award for highest grade in Wills and Trusts, Associate Editor of UCLA Law Review; B.A. from UCLA, summa cum laude.

Recognition & Leadership

Recognized on the list of Best Lawyers and Southern California Super Lawyers Rising Stars, and as an 'Up-and-Coming' Notable Practitioner by Chambers and Partners.

Professional Involvement

Board Member for the Beverly Hills Estate Planning Council; Vice-Chair, Professional Responsibility for the American Bar Association Real Property, Trust and Estate Law Section (RPTE); speaker at ABA RPTE Annual National CLE Conference.

Experience

Represents beneficiaries, trustees, professional fiduciaries, and non-profit institutions. Successfully defended a multibillion-dollar claim against the Barron Hilton Trust; obtained terminating sanctions and demurrers sustained without leave to amend; obtained dismissal in conservatorship litigation; achieved appellate affirmation with oral advocacy. Previously served as trial counsel to Sumner Redstone, securing complete dismissal after first day of trial. Former Litigation Associate at Hueston Hennigan LLP and Irell and Manella LLP practicing complex commercial litigation.

John Scheerer

Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP

John Scheerer focuses his practice exclusively on trusts, estates and conservatorship litigation, successfully handling matters before the Probate Department of the Superior Court as well as appeals in the California Court of Appeal.

Education & Credentials

J.D. from the University of California, Los Angeles School of Law on full merit scholarship, elected to Order of the Coif, received Dean's Award for highest grade in Wills and Trusts, Associate Editor of UCLA Law Review; B.A. from UCLA, summa cum laude.

Recognition & Leadership

Recognized on the list of Best Lawyers and Southern California Super Lawyers Rising Stars, and as an 'Up-and-Coming' Notable Practitioner by Chambers and Partners.

Professional Involvement

Board Member for the Beverly Hills Estate Planning Council; Vice-Chair, Professional Responsibility for the American Bar Association Real Property, Trust and Estate Law Section (RPTE); speaker at ABA RPTE Annual National CLE Conference.

Experience

Represents beneficiaries, trustees, professional fiduciaries, and non-profit institutions. Successfully defended a multibillion-dollar claim against the Barron Hilton Trust; obtained terminating sanctions and demurrers sustained without leave to amend; obtained dismissal in conservatorship litigation; achieved appellate affirmation with oral advocacy. Previously served as trial counsel to Sumner Redstone, securing complete dismissal after first day of trial. Former Litigation Associate at Hueston Hennigan LLP and Irell and Manella LLP practicing complex commercial litigation.

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

David is a Fraud Subject Matter Expert with over twenty years of experience serving the legal and financial services communities with both consulting and expert witness services. David’s background includes Accounting, Auditing, Finance and Project Management experience dealing with diverse industries.

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Instant Certificates After Completion
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Why Attend

Why this 
program matters

Understanding fiduciary abuse and undue influence in trusts and estates is essential for practitioners to protect vulnerable clients and effectively litigate breaches of duty in an area causing billions in annual losses.
$28B+
Annual losses to older Americans from elder financial exploitation according to a 2023 AARP report.
87.5%
Of elder financial abuse cases involving known perpetrators are never reported to authorities according to AARP research.
60%
Of elder abuse and neglect incidents involve a family member as the perpetrator according to the National Council on Aging.
12%
Of all legal malpractice claims nationally involve trusts, estates and probate matters according to ABA Standing Committee data.

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