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Spotting Executor Abuse, Mismanagement, and Undue Influence in Trust and Estate Cases

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

Program Details

2025-10-16 13:00:00

Program Details

2025-10-16 13:00:00

Over 1,000+ webinars

2025-10-16 13:00:00

Course Overview

Protecting Trusts from Fiduciary Abuse

2025-10-16 13:00:00

Participants will learn to identify trustee misconduct, recognize undue influence indicators, and implement financial controls protecting beneficiary interests. These skills enable effective intervention when fiduciary duties are breached.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Trustee Duties
California law requires trustees to act with loyalty, impartiality, care, and transparency.
02
Fiduciary Removal
Courts can suspend trustees facing removal when trust property faces imminent harm.
03
Undue Influence
Excessive persuasion overcoming free will can invalidate trusts through statutory or common law.
04
Red Flags
Watch for lack of transparency, self-dealing, favoritism, and improper investment strategies.
05
Beneficiary Trustees
Beneficiaries serving as trustees create conflict of interest risks requiring additional oversight.
06
Financial Controls
Regular accountings and bank reconciliations prevent and detect fraud and embezzlement.

Program schedule

clock 1:00 pm - 2:00 pm EST

Recognizing Fiduciary Abuse and Undue Influence in Trusts

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 ScheererJohn Scheerer
David S. ZweighaftDavid S. Zweighaft
clock 2:10 pm - 3:10 pm EST

Identifying Fraud and Maintaining Controls Over Estates

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 ScheererJohn Scheerer
David S. ZweighaftDavid S. Zweighaft
John Scheerer

John Scheerer

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

David S. Zweighaft

David S. Zweighaft

DSZ Forensic Accounting & Consulting LLC

John Scheerer

John Scheerer

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

John Scheerer is a partner at Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP in Los Angeles, where he focuses his practice exclusively on trusts, estates, and conservatorship litigation. He has handled a broad range of matters before the Probate Department of the Superior Court and has argued appeals in the California Court of Appeal, producing multiple successful appellate decisions. He represents beneficiaries, trustees, professional fiduciaries, and non-profit institutions, including national universities.

Education & Credentials

Mr. Scheerer earned his J.D. in 2014 from the University of California, Los Angeles School of Law, which he attended on a full merit scholarship. He was elected to the Order of the Coif, served as Associate Editor of the UCLA Law Review, and received the Dean’s Award for the highest grade in Wills and Trusts. He received his B.A. in Political Science, summa cum laude, from UCLA in 2010, and is admitted to the California bar.

Recognition & Leadership

Mr. Scheerer’s trusts and estates litigation work has earned placement on the Lawdragon 500 Leading Trusts & Estates Lawyers list, recognition as a Benchmark Litigation Future Star, selection to Best Lawyers and Super Lawyers Rising Stars, and designation as a Chambers and Partners Up-and-Coming Notable Practitioner for High-Net-Worth Private Wealth Disputes in California. He has also been recognized among the Los Angeles Times Legal Visionaries and in Los Angeles Magazine’s Best of L.A. Legal.

Professional Involvement

Mr. Scheerer serves as a Board Member of the Beverly Hills Estate Planning Council, as Vice-Chair of Professional Responsibility for the American Bar Association Real Property, Trust and Estate Law Section, and as a member of the Los Angeles Estate Planning Council. He has presented to the California Lawyers Association, the ABA RPTE Annual National CLE Conference, and myLawCLE, and he authors articles on trusts and estates issues for Thomson Reuters Practical Law Trusts & Estates, the Daily Journal, and The Recorder.

Experience

Mr. Scheerer’s practice includes prosecuting and defending will and trust contests, defending creditor claims in decedents’ trusts or estates, defending conservatorship proceedings, and prosecuting and defending breach of fiduciary duty and surcharge claims against trustees. His recent results include successfully defending a multibillion-dollar claim against the Barron Hilton Trust, obtaining terminating sanctions and demurrers sustained without leave to amend for a trustee client, and securing an appellate affirmance after oral argument in the California Court of Appeal. At his previous firm, he was part of the trial team for Sumner Redstone, controlling shareholder of Viacom Inc. and CBS Corp., which secured complete dismissal of the lawsuit after the first day of trial. He previously practiced as a litigation associate at Hueston Hennigan LLP and Irell & Manella LLP.
David S. Zweighaft

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.

John Scheerer

John Scheerer

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

John Scheerer is a partner at Sacks, Glazier, Franklin, Lodise, McMurtrey & Scheerer, LLP in Los Angeles, where he focuses his practice exclusively on trusts, estates, and conservatorship litigation. He has handled a broad range of matters before the Probate Department of the Superior Court and has argued appeals in the California Court of Appeal, producing multiple successful appellate decisions. He represents beneficiaries, trustees, professional fiduciaries, and non-profit institutions, including national universities.

Education & Credentials

Mr. Scheerer earned his J.D. in 2014 from the University of California, Los Angeles School of Law, which he attended on a full merit scholarship. He was elected to the Order of the Coif, served as Associate Editor of the UCLA Law Review, and received the Dean’s Award for the highest grade in Wills and Trusts. He received his B.A. in Political Science, summa cum laude, from UCLA in 2010, and is admitted to the California bar.

Recognition & Leadership

Mr. Scheerer’s trusts and estates litigation work has earned placement on the Lawdragon 500 Leading Trusts & Estates Lawyers list, recognition as a Benchmark Litigation Future Star, selection to Best Lawyers and Super Lawyers Rising Stars, and designation as a Chambers and Partners Up-and-Coming Notable Practitioner for High-Net-Worth Private Wealth Disputes in California. He has also been recognized among the Los Angeles Times Legal Visionaries and in Los Angeles Magazine’s Best of L.A. Legal.

Professional Involvement

Mr. Scheerer serves as a Board Member of the Beverly Hills Estate Planning Council, as Vice-Chair of Professional Responsibility for the American Bar Association Real Property, Trust and Estate Law Section, and as a member of the Los Angeles Estate Planning Council. He has presented to the California Lawyers Association, the ABA RPTE Annual National CLE Conference, and myLawCLE, and he authors articles on trusts and estates issues for Thomson Reuters Practical Law Trusts & Estates, the Daily Journal, and The Recorder.

Experience

Mr. Scheerer’s practice includes prosecuting and defending will and trust contests, defending creditor claims in decedents’ trusts or estates, defending conservatorship proceedings, and prosecuting and defending breach of fiduciary duty and surcharge claims against trustees. His recent results include successfully defending a multibillion-dollar claim against the Barron Hilton Trust, obtaining terminating sanctions and demurrers sustained without leave to amend for a trustee client, and securing an appellate affirmance after oral argument in the California Court of Appeal. At his previous firm, he was part of the trial team for Sumner Redstone, controlling shareholder of Viacom Inc. and CBS Corp., which secured complete dismissal of the lawsuit after the first day of trial. He previously practiced as a litigation associate at Hueston Hennigan LLP and Irell & Manella LLP.
David S. Zweighaft

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.5
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

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Approved
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
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
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