Trust Litigation: Navigating Defenses of Fiduciaries and Claims of Beneficiaries and Third Parties
Bringing or Defending Against Trust Contests, Trust Construction Issues, and Challenges to Trustee’s Actions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to handle complex issues that arise in trust litigation. The panel will present best practices for litigating claims and defenses that can be asserted in challenging fiduciaries’ actions and in contesting the trust or trust construction.
Challenges to trust validity
- Mistake in execution
- Undue influence
- Testamentary capacity
- Lack of capacity to contract
- Challenges to trust construction
Challenges to the trustee—claims and defenses
- Breach of fiduciary duty- mismanagement of assets, breach of duty of loyalty, self-dealing by the trustee
- Surcharge action
- Fee award
The panel will review these and other key questions:
- What claims against trustees and defenses to claims can be asserted?
- What claims and defenses should counsel consider asserting when challenging trusts?
- What common pitfalls should be avoided in carrying out fiduciary duties to minimize trust litigation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Mary A. Akkerman
Lindquist & Vennum
She practices in the areas of estate planning, wills and trusts, estate and trust litigation, guardianship and... | Read More
She practices in the areas of estate planning, wills and trusts, estate and trust litigation, guardianship and conservatorship litigation, tax litigation, and probate. She serves on the S.D. State Bar Law School Committee and the Trust Committee of the Real Property, Probate & Trust Law Section. She is also a member of the Sioux Falls Estate Planning Council and USD Planned Giving Council.Close
J. Brian Thomas
Burdette & Rice
Mr. Thomas focuses his practice on probate, estate administration, guardianship and estate planning matters,... | Read More
Mr. Thomas focuses his practice on probate, estate administration, guardianship and estate planning matters, assisting clients with uncontested probate issues, and contested and litigated estate administrations and guardianships. He regularly speaks on matters of probate, administration of estates, guardianship and estate planning to a wide variety of professional groups.Close
to be announced.