Avoiding Trust and Estate Probate Challenges: Minimizing and Litigating Claims of Undue Influence, Fraud, Capacity, and Mistakes
Overcoming Evidentiary Hurdles With Medical Records, Documentation, Experts, and Other Witnesses
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will prepare estate planning counsel to litigate challenges to the will or trust documents. Our panelists will discuss the substantive bases for challenging wills and trusts, differing procedural requirements, and handling difficult evidentiary issues.
Outline
- Substantive bases for will and trust document litigation
- Undue influence
- Lack of capacity
- Fraud
- Evidentiary challenges
- Effective use of witnesses
- Medical records
- Experts
- Planning techniques to prevent or mitigate evidentiary and proof issues
- Case law trends
Benefits
The panel will review these and other key issues:
- What are the substantive bases for will and trust litigation?
- What are best practices to either prove or defend against a challenge to a will or trust?
- How can counsel effectively use various forms of evidence to their advantage?
- What proactive techniques can help eliminate or mitigate challenges to clients' estate or trust plans?
Faculty
Debby S. Doitch
Shareholder
KJMLAW Partners
Ms. Doitch has since 2009 defended a wide variety of business, employment and real estate disputes; handled family... | Read More
Ms. Doitch has since 2009 defended a wide variety of business, employment and real estate disputes; handled family law matters; and represented petitioners, objectors, creditors, and trustees in probate and bankruptcy proceedings.
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Honorable Mary House
Los Angeles County Superior Court, Retired
ARC Case Administrators
Judge House retired in 2018 after 22 years on the Los Angeles Superior Court, where she presided over countless jury... | Read More
Judge House retired in 2018 after 22 years on the Los Angeles Superior Court, where she presided over countless jury and court trials in the Civil and Probate departments. With experience serving as the Supervising Judge of the Northeast and North Central districts, Hub Operations and Assistant Supervising Judge of Civil countywide, Judge House brings a unique and in-depth understanding of all aspects of civil case processing and case values. She is touted for her calm demeanor and unbending graciousness to all that appeared in front of her, as well as her extraordinary and relentless, common-sense approach to settling cases.
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