Probate and Trust Litigation

Agenda / Content Covered

1. Wills and Trusts: Contesting, Interpreting, Reforming
   10:00 - 10:50, Taso M. Milonas
   1. Grounds and Procedural Aspects of Contests
   2. Pre- vs. Post-Mortem Will/Trust Contests
   3. Proving or Disproving Due Execution, Mistakes, and Fraud
   4. Scrivener Responsibility and Liability
   5. Interpretation Issues and Proceedings to Construe Ambiguities
   6. Reforming to Reflect the Decedent's Probable Intent
   7. Reforming to Obtain Tax Objectives
   8. Red Flags and Avoiding Will and Trust Contests
2. Testamentary Capacity and Undue Influence in Litigation
   10:50 - 11:40, Linda A. Ouellette
   1. Testamentary Capacity: Burden of Proof and Medical Evidence
   2. The Will as Evidence of Lost Capacity: Assessing Reasonableness of Provisions
   3. Key Evidence to Prove "The Existence and Exertion of Undue Influence" or Duress
   4. Using Medical and Other Witnesses
   5. Estate Planning Tips for Preventing Litigation
3. Handling Claims Against Fiduciaries
   11:55 - 12:45, Michael G. Zapson
   1. Fiduciary Duties and Liabilities
   2. Contesting the Appointment
   3. Compelling a Fiduciary to Act
   4. How to Remove and Replace Trustees/PRs
   5. Actions for Breach of Fiduciary Duty
   6. Recent Fiduciary Litigation Cases
   7. Proactive Tips for Estate Planners
4. Disputing Accountings, Distributions, and Creditor Claims
   1:15 - 2:05, Paul W. Jones
   1. Handling Disputes on Accountings
   2. Disputes Over Disbursements and Expenses; Sales of Assets
   3. Surcharge Actions
   4. Proving/Disproving a Right to Inherit
   5. Navigating Contested Creditor's Claims
   6. Best Practices for Preventing Disputes
5. Settlement Tips
   2:05 - 2:55, Paul W. Jones
   1. Proactive Ways to Minimize Family Friction
   2. Tips for Dispute Resolution
   3. Mediating Trust and Estate Disputes
   4. Negotiating Settlement Agreement Provisions (w/Samples)
   5. Anticipating Tax Consequences and Allocating Risk
   6. No-Contest Clauses and ADR
6. Navigating Court Rules, Processes, and Procedures
   3:10 - 4:00, Michael G. Zapson
   1. Do You Even Have a Case? Preparing for Litigation
   2. Trust/Estate Litigation vs. Civil Litigation Procedures
   3. Filing and Responding to the Suit: Jurisdiction and Pleadings
   4. Discovery, Depositions, and Examinations
   5. Motion Practice
   6. Evidence Rules and Admission Tips
   7. Trial and Appeals: Key Pointers
7. Applying Legal Ethics Rules and Guidelines
   4:00 - 5:00, Linda A. Ouellette
   1. Who is Your Client? Avoiding Conflicts
   2. Attorney's Fees and Costs
   3. Preserving Attorney-Client Privilege
   4. Zealously Representing Clients Without Disinheriting Them
   5. Ethical Issues Raised by Releases

Accreditation Details:

Paul W. Jones is a partner is in the law firm of Hale & Wood, PLLC, where he practices in the areas of tax, business, estate planning, wills, trust, probate and real estate. He is admitted to practice before the Utah Supreme Court, Federal District Court of Utah and the U.S. Tax Court. Mr. Jones is a member of the Utah State Bar. He is also a licensed certified public accountant. Mr. Jones earned his B.A. degree and his J.D. degree, with honors, from the University of Utah and his Masters of Prof. Accountancy degree from Weber State University.

Taso M. Milonas focuses his practice principally in the areas of estate planning and probate litigation. He routinely represents both fiduciaries and beneficiaries in complex will and trust disputes throughout Florida. Mr. Milonas has been rated highly in numerous peer review publications, including Florida Trend’s Legal Elite and Florida Super Lawyers. He is a Florida Bar Board Certified Tax Lawyer and has served on the Executive Council of The Florida Bar Tax Section in various leadership roles, including director of the Federal Tax Division and chair of the Estate & Gift Tax Committee. Mr. Milonas received his LL.M. degree in taxation from the University of Florida Frederic G. Levin College of Law and J.D. degree from Stetson University College of Law. He has published numerous articles and is a frequent lecturer on estate planning, probate litigation and taxes.

Linda A. Ouellette is an attorney with Kates & Barlow, PC, in Boston, Massachusetts. Ms. Ouellette’s practice is devoted exclusively to family law and probate litigation, including divorce, paternity, modification, contempt and guardianship cases, as well as will contests and other probate actions. She has tried multiple family law cases involving complex financial issues, including valuation of closely held corporations, as well as highly contested custody cases. She is a member of the Boston and Massachusetts bar associations. Ms. Ouellette earned her B.A. degree from St. Anselm College and her J.D. degree from Boston College Law School.

Michael G. Zapson is a partner at Certilman Balin Adler & Hyman LLP. He concentrates his practice in the areas of commercial and estate litigation, real estate and zoning. Mr. Zapson represents real property owners, national companies, developers, purchasers, REITs, lenders and brokers. He is a member of the Long Beach Lawyer’s Association, the Nassau County Bar Association, and the Association of the Bar of the City of New York. Mr. Zapson is admitted to practice in New York, Washington D.C, and the U.S. District Courts for the Southern, Eastern and Northern Districts of New York. He earned his B.A. degree from Cornell University and J.D. degree from the State University of New York at Buffalo.