New Jersey Probate and Trust Litigation

Agenda / Content Covered

All times are shown in Eastern time.

1. Wills and Trusts: Contesting, Interpreting, Reforming
   9:00 - 10:00, Joel Davies
   1. Grounds and Procedural Aspects of Contests
   2. Pre- vs. Post-Mortem Will/Trust Contests
   3. Proving or Disproving Due Execution, Mistake, 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
   10:15 - 11:00, Joel Davies
   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. Litigation Avoidance Tips for Estate Planners
3. Handling Claims Against Fiduciaries
   11:00 - 12:00, Peter Lembesis
   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
   1:00 - 1:45, Daniel J. Jurkovic
   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. Applying Legal Ethics Rules and Guidelines
   1:45 - 2:45, Daniel J. Jurkovic
   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
6. Settlement Tips
   3:00 - 3:45, Elizabeth J. Hampton
   1. Proactive Ways to Minimize Family Friction
   2. Tips for Dispute Resolution
   3. Mediating Trust and Estate Disputes
   4. Negotiating Settlement Agreement Provisions (With Samples)
   5. Anticipating Tax Consequences and Allocating Risk
   6. No-Contest Clauses and ADR
7. Navigating Court Rules, Processes, and Procedures
   3:45 - 4:30, Elizabeth J. Hampton
   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
   8. Sample Documents and Checklists

Accreditation Details:

JOEL DAVIES is an attorney with Taff & Davies. He currently focuses his practice on estate litigation, guardianships, elder law, estate planning and administration. Mr. Davies is a member of the New Jersey State Bar Association, the Ocean County Bar Association, and the National Academy of Elder Law Attorneys. He is a member of the District IIIA Ethics Committee and also serves as president of the Board of Trustees of Presbytery of Monmouth. Mr. Davies earned his B.A. degree from Ursinus College and his J.D. degree from The Dickinson School of Law.

ELIZABETH J. HAMPTON is an attorney with Fox Rothschild LLP, where she focuses her practice in the areas of litigation, health law, fiduciary litigation, white-collar compliance and defense, privacy and data security. She is a member of the Litigation Counsel of America, Camden County Bar Association, Commercial Litigation Section, Burlington County Bar Association, Equity Committee, Burlington County Bar Association, Judicial and Prosecutorial Appointment Committee, Burlington County Bar Association, America Inns of Court, Association of Trial Lawyers of America, New Jersey State Bar Association, Pennsylvania Bar Association and the Women in Business Alliance. Ms. Hampton is admitted to practice before the U.S. District Court Eastern District of Pennsylvania, U.S. Court of Appeals Third Circuit, New Jersey Supreme Court, and the U.S. District Court District of New Jersey. She earned her J.D. degree from Rutgers University School of Law.

DANIEL J. JURKOVIC is a solo practitioner located in Rutherford, New Jersey, whose practice is concentrated in the areas of elder law, guardianship, disability planning and estate planning. He has been granted the title of certified elder law attorney by the National Elder Law Foundation. This certification has been approved by the New Jersey Supreme Court and accredited by the American Bar Association. Recently, Mr. Jurkovic represented the Guardianship Association of New Jersey, Inc. (GANJI) and the National Academy of Elder Law Attorneys-N.J. (NAELA-NJ) as amicus parties before the New Jersey Supreme Court in the matter of Thomas Saccone v. Board of Trustees, Police and Fireman's Retirement System, and previously served as lead attorney on the amicus curiae brief submitted to the New Jersey Supreme Court in the matter of In Re Keri. Mr. Jurkovic earned his B.S.B.A. degree from Thomas Edison State College, his M.S. degree in labor relations from Cornell University and Baruch College, and his J.D. degree, and a certificate in Health Law Policy, from Pace University School of Law.

PETER LEMBESIS is a member of Dunn Lambert LLC, practicing in the areas of shareholder and partnership disputes, commercial contract disputes, estate/probate litigation, foreclosure prosecution and defense, commercial landlord/tenant litigation, construction litigation, employment litigation, and securities litigation. He has experience overseeing a variety of civil litigation matters, including successfully trying to completion a number of cases before juries and judges across the state of New Jersey. Mr. Lembesis earned his B.A. degree, with honors, from Rutgers College and his J.D. degree, with honors, from Rutgers School of Law - Camden, where he was also an editor of the Rutgers Law Journal. Following his graduation from Rutgers School of Law, he clerked for the Honorable Michael Winkelstein, of the New Jersey Superior Court, Appellate Division, and worked in the litigation departments of several prominent New Jersey firms.