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What You Can Do About Trustees Behaving Badly: Strategies for Identifying, Challenging, and Remedying Fiduciary Misconduct

Practical strategies for identifying trustee misconduct, understanding fiduciary duties, pursuing legal remedies, and mastering deposition techniques.

2025-06-19 13:00:00

Program Details

2025-06-19 13:00:00

Program Details

2025-06-19 13:00:00

Over 1,000+ webinars

2025-06-19 13:00:00

Course Overview

Remedying Trustee Misconduct and Fiduciary Breaches

2025-06-19 13:00:00

Attorneys will gain practical tools to identify trustee misconduct red flags, pursue effective legal remedies, and conduct depositions that expose fiduciary breaches. These strategies help protect beneficiaries and build compelling cases.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Fiduciary Duties
Trustees must follow Probate Code sections 16000-16015 governing loyalty, prudent investment, and transparency.
02
Red Flags
Warning signs include commingling funds, unexplained losses, and communication breakdowns with beneficiaries.
03
Legal Remedies
Options range from demanding accountings to petitioning for trustee suspension or removal.
04
Deposition Strategy
The “yes and” method lowers defenses then contrasts expectations with actual conduct.
05
HEMS Violations
Trustees commonly violate health, education, maintenance, and support distribution standards nationwide.
06
Professional Fiduciaries
Third-party licensed fiduciaries provide disinterested oversight and have a calming effect on families.

Program schedule

clock 1:00 pm - 1:30 pm EST

Fiduciary Duties of Trustees: The Legal Framework

This session establishes the foundational legal standards governing trustee conduct, including the duty of loyalty, prudent investor obligations, and duties to inform beneficiaries. Attendees will explore how California Probate Code sections 16000-16015 define these obligations and the consequences when trustees breach their fiduciary duties.

Michael A. HackardMichael A. Hackard
Brian GeremiaBrian Geremia
John DePiazzaJohn DePiazza
clock 1:30 pm - 2:00 pm EST

Recognizing Red Flags of Trustee Misconduct

Learn to identify warning signs that indicate potential trustee misconduct, from unusual investment patterns and commingling of funds to communication breakdowns with beneficiaries. This session covers trust document manipulation, HEMS standard violations, and administrative failures that should prompt further investigation.

Michael A. HackardMichael A. Hackard
Brian GeremiaBrian Geremia
John DePiazzaJohn DePiazza
clock 2:10 pm - 2:40 pm EST

Legal Remedies and Action Steps for Beneficiaries

This session examines the range of legal remedies available when trustee misconduct is discovered, including emergency court interventions, trustee suspension and removal petitions, and surcharge actions. Attendees will learn practical strategies for building cases through discovery techniques and when settlement may be the most effective resolution.

Michael A. HackardMichael A. Hackard
Brian GeremiaBrian Geremia
John DePiazzaJohn DePiazza
clock 2:40 pm - 3:10 pm EST

Trustee Depositions: Strategies and Practical Examples

Master effective deposition techniques specifically tailored for trust litigation, including the powerful ‘Yes And Method’ for lowering witness defenses and exposing misconduct. This session provides practical guidance on questioning techniques to document HEMS violations, conflicts of interest, and breaches of fiduciary duty.

Michael A. HackardMichael A. Hackard
Brian GeremiaBrian Geremia
John DePiazzaJohn DePiazza
Michael A. Hackard

Michael A. Hackard

Hackard Law Corporation

Brian Geremia

Brian Geremia

Hackard Law Corporation

John DePiazza

John DePiazza

Akel DePiazza Fiduciary

Michael A. Hackard

Michael A. Hackard

Hackard Law Corporation

Michael A. Hackard is the founder of Hackard Law Corporation, a Sacramento-based firm renowned for its focus on estate, trust, and financial elder abuse litigation. With over 40 years of courtroom experience, he is recognized as one of California’s foremost authorities on trust disputes, fiduciary litigation, and elder financial abuse.

Recognition & Leadership

Frequent commentator and trusted resource for national media, featured in The Wall Street Journal, AARP, ThinkAdvisor, Fox News, C-SPAN, and other leading publications. Author of four books on elder financial abuse and estate litigation, including 'The Wolf at the Door: Undue Influence and Elder Financial Abuse' (2017), 'Alzheimer's, Widowed Stepmothers & Estate Crimes' (2019), and 'Inheritance Heists' (2025).

Experience

Over 40 years of courtroom experience. Practice centers on high-stakes, contingency fee estate and trust litigation throughout Northern and Southern California. Expertise includes trust and estate litigation, will contests and trust challenges, elder financial abuse claims, trustee removal proceedings, fiduciary duty breaches, and traumatic brain injury litigation. Has testified before the United States House Ways & Means Committee and the FDA.
Brian Geremia

Brian Geremia

Hackard Law Corporation

Brian Geremia is a senior attorney at Hackard Law specializing in trust, estate, and elder financial abuse litigation, including will and trust contests, trustee breach of fiduciary duty claims, accountings, deed cancellations, and related matters.

Education & Credentials

Graduated with distinction from Pacific McGeorge School of Law in 2015, where he served as a staff writer and Chief Online Editor for the McGeorge Law Review. Gained practical experience as a student-attorney for three semesters in the Elder & Health Law Clinic. Graduate of Jesuit High School, Sacramento (2002) and Loyola Marymount University (B.A., English with honors, 2006).

Recognition & Leadership

Three-time Super Lawyers Rising Star honoree. Client Platinum Champion award from Martindale, recognizing exceptional client service with over thirty 5-star client reviews.

Professional Involvement

Alumni mentor for first-year students at Pacific McGeorge School of Law and panel member for the Elder Law & Social Policy course, sharing insights on estate planning and trust litigation.

Experience

Senior attorney at Hackard Law since 2017. Prior to joining Hackard Law, represented charter schools at Young, Minney & Corr. Co-founded the Ancestral Health Society, a nonprofit organization hosting annual symposiums on health and nutrition, and Academic Impact, a tutoring and college counseling business.
John DePiazza

John DePiazza

Akel DePiazza Fiduciary

John DePiazza is an Army veteran and West Point graduate with 28 years of active and reserve service who brings a multifaceted background combining leadership, technical expertise, and deep commitment to ethical service to his fiduciary practice.

Education & Credentials

West Point graduate. UC Davis MBA. Holds multiple professional degrees, licenses, and certifications including California Licensed Professional Fiduciary, Certified National Guardian, Certified Senior Adviser, Residential Care for the Elderly Administrator, General Contractor, Professional Project Manager, and Civil Engineer.

Professional Involvement

Actively engaged in supporting veteran and elder communities, advocating for dignity, respect, and quality of life for vulnerable populations.

Experience

28 years of active and reserve military service. Extensive experience in corporate operations with a project management and team approach to fiduciary service. Leads one of the larger fiduciary teams in California with experience in trusts of all types, estates and probate, health care agent, and conservatorships. Diverse career spans engineering, project management, and elder care administration.
Michael A. Hackard

Michael A. Hackard

Hackard Law Corporation

Michael A. Hackard is the founder of Hackard Law Corporation, a Sacramento-based firm renowned for its focus on estate, trust, and financial elder abuse litigation. With over 40 years of courtroom experience, he is recognized as one of California’s foremost authorities on trust disputes, fiduciary litigation, and elder financial abuse.

Recognition & Leadership

Frequent commentator and trusted resource for national media, featured in The Wall Street Journal, AARP, ThinkAdvisor, Fox News, C-SPAN, and other leading publications. Author of four books on elder financial abuse and estate litigation, including 'The Wolf at the Door: Undue Influence and Elder Financial Abuse' (2017), 'Alzheimer's, Widowed Stepmothers & Estate Crimes' (2019), and 'Inheritance Heists' (2025).

Experience

Over 40 years of courtroom experience. Practice centers on high-stakes, contingency fee estate and trust litigation throughout Northern and Southern California. Expertise includes trust and estate litigation, will contests and trust challenges, elder financial abuse claims, trustee removal proceedings, fiduciary duty breaches, and traumatic brain injury litigation. Has testified before the United States House Ways & Means Committee and the FDA.
Brian Geremia

Brian Geremia

Hackard Law Corporation

Brian Geremia is a senior attorney at Hackard Law specializing in trust, estate, and elder financial abuse litigation, including will and trust contests, trustee breach of fiduciary duty claims, accountings, deed cancellations, and related matters.

Education & Credentials

Graduated with distinction from Pacific McGeorge School of Law in 2015, where he served as a staff writer and Chief Online Editor for the McGeorge Law Review. Gained practical experience as a student-attorney for three semesters in the Elder & Health Law Clinic. Graduate of Jesuit High School, Sacramento (2002) and Loyola Marymount University (B.A., English with honors, 2006).

Recognition & Leadership

Three-time Super Lawyers Rising Star honoree. Client Platinum Champion award from Martindale, recognizing exceptional client service with over thirty 5-star client reviews.

Professional Involvement

Alumni mentor for first-year students at Pacific McGeorge School of Law and panel member for the Elder Law & Social Policy course, sharing insights on estate planning and trust litigation.

Experience

Senior attorney at Hackard Law since 2017. Prior to joining Hackard Law, represented charter schools at Young, Minney & Corr. Co-founded the Ancestral Health Society, a nonprofit organization hosting annual symposiums on health and nutrition, and Academic Impact, a tutoring and college counseling business.
John DePiazza

John DePiazza

Akel DePiazza Fiduciary

John DePiazza is an Army veteran and West Point graduate with 28 years of active and reserve service who brings a multifaceted background combining leadership, technical expertise, and deep commitment to ethical service to his fiduciary practice.

Education & Credentials

West Point graduate. UC Davis MBA. Holds multiple professional degrees, licenses, and certifications including California Licensed Professional Fiduciary, Certified National Guardian, Certified Senior Adviser, Residential Care for the Elderly Administrator, General Contractor, Professional Project Manager, and Civil Engineer.

Professional Involvement

Actively engaged in supporting veteran and elder communities, advocating for dignity, respect, and quality of life for vulnerable populations.

Experience

28 years of active and reserve military service. Extensive experience in corporate operations with a project management and team approach to fiduciary service. Leads one of the larger fiduciary teams in California with experience in trusts of all types, estates and probate, health care agent, and conservatorships. Diverse career spans engineering, project management, and elder care administration.

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

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Trusted by Legal Professionals

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Live stream programs

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Trusted by Legal Professionals

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Live stream programs

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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
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
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
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
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