Session I – What to Look for in Probate and Identifying Problems – Charles R. Jacob III

This session will review some of the more commonly encountered matters when approaching probate and fiduciary matters. The starting point is the client’s situation vis-à-vis his or her will: does the client have a will yet? If so, how old is it? What is the client’s family situation? Might the will be outdated in relation to that family situation? Are there potential competing claimants to the client’s estate (such as children left out of the will)? Was the will duly executed? Might there be a claim of undue influence (an increasingly common claim as individuals live longer and are more likely to encounter dementia)? Consideration should also be given to the use of mechanisms to avoid probate, such as grantor trusts and TOD accounts.

Key topics to be discussed:

• What is the client’s existing situation vis-à-vis a will and trusts?
• If/when the client passes away, is a dispute among heirs and potential heirs foreseeable?
• What steps can be taken to address any such disputes in advance?
• How can mechanisms be utilized to avoid probate and where is it advantageous to do so?

Session II – How to Litigate in Probate and Fiduciary Matters – Charles R. Jacob III

This session will cover the most commonly encountered matters to be litigated in probate and fiduciary proceedings. The starting point is the decedent’s situation as the lawyer might find it: is the decedent testate or intestate? How substantial are his or her assets? What family members or others need to be provided notice? Does the estate have creditors? Are there issues surrounding the making of the will, such as undue influence (an increasingly common claim as individuals live longer and are more likely to encounter dementia). Is the executor proceeding correctly and consistent with his or her fiduciary duties? What procedures such as summary judgment can speed the way through probate? And finally, tips for avoiding probate or at least its most common problems.

Key topics to be discussed:

• To what extent is probate necessary for decedent?
• How to handle probate as efficiently as possible
• Problems most commonly encountered in probate

Session III – Ethics in Estate Planning, Probate, and Trust Administration – David F. Johnson

Estate planning, probate, and trust administration are a complex field of law involving high stakes decisions that affect individuals and families. Factors such as unforeseen life changes, the involvement of multiple jurisdictions, and vulnerable clients pose unique ethical challenges for trusts and estates counsel and litigators. When it comes to estate planning and probate, a variety of factors can raise ethical issues such as joint representation, confidentiality and privilege, the competence of clients, attorneys acting as fiduciaries, and conflicts of interest. Counsel must balance zealous representation with his or her ethical obligations, this session will address those issues.

Key topics to be discussed:

• Determining who the client is
• Joint representation
• Client communications and confidentiality issues
• Conflicts of interest
• Diminished capacity and competency
• Attorneys acting in other fiduciary capacities

Closed-captioning available