Wisconsin Probate and Trust Litigation

Agenda / Content Covered

1. Testamentary Capacity and Undue Influence in Litigation
   9:00 - 10:00, Erin M. Strohbehn
   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
2. Handling Claims Against Fiduciaries
   10:00 - 11:00, Erin M. Strohbehn
   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
3. Wills and Trusts: Contesting, Interpreting, Reforming
   11:15 - 12:15, Sarah J. Barnes
4. Settlement Tips
   1:15 - 2:15, David R. Konkel
   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
5. Navigating Court Rules, Processes, and Procedures
   2:15 - 3:15, David R. Konkel
   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
6. Applying Legal Ethics Rules and Guidelines
   3:30 - 4:30, Sarah J. Barnes
   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:

Sarah J. Barnes is an attorney and trust officer with Wealth Enhancement Trust Services, LLC, in Madison, Wisconsin, where she handles all levels of trust and estate administration matters. Ms. Barnes previously was in private practice for many years, where she practiced in the areas of estate planning and elder law. She earned her B.A. degree from Edgewood College and her J.D. degree from Marquette University Law School. Ms. Barnes's professional memberships include the State Bar of Wisconsin, Dane County Bar Association, Legal Association of Women, and the Madison Estate Planning Council. She serves on a number of non-profit boards, is a frequent speaker at various continuing legal education seminars, and has served as guest faculty at the University of Wisconsin - Madison. Ms. Barnes is admitted to practice in the state of Wisconsin.

David R. Konkel is an associate in the litigation practice group with Godfrey Kahn S.C., in the firm's Milwaukee office. He represents a broad range of clients in a variety of complex commercial disputes including insurance trade practices, insurance coverage and bad faith defense, theft of proprietary information, fraudulent transfers, real estate litigation, class action defense, securities fraud, contract actions, and business torts. Mr. Konkel has litigated in state and federal court in Wisconsin, as well as in other states across the country. He also maintains an active estate, trust, and fiduciary litigation practice. Mr. Konkel represents trust companies, other fiduciaries, and family members in disputes arising from the planning and administration of trusts and estates. He has represented clients in proceedings related to fiduciary liability, fiduciary removal, undue influence, lack of testamentary capacity, and trust construction. Mr. Konkel earned his B.A. degree, cum laude from The George Washington University; and his J.D. degree, summa cum laude from Seattle University Law School. Prior to law school, he served on active duty in the United States Army as a human intelligence collector. His awards include the Bronze Star, the Joint Service Commendation Medal, and two Army Commendation Medals. Mr. Konkel is a member of the American Bar Association, Eastern District of Wisconsin Bar Association, Milwaukee Bar Association, and the Milwaukee Young Lawyers Association. He is admitted to practice in Wisconsin; United States Court of Appeals, Seventh Circuit; United States District Court, Eastern District of Michigan; United States District Court, Eastern District of Wisconsin; and the United States District Court, Western District of Wisconsin.

Erin M. Strohbehn is a partner with Gimbel Reilly Guerin & Brown LLP. She practices in the areas of probate and trust Litigation, and civil litigation. Ms. Strohbehn speaks frequently on her areas of practice. She is a member of Milwaukee Bar Association (Fee Arbitration Committee), State Bar of Wisconsin, Milwaukee Young Lawyers' Association, Wisconsin Association for Justice, and Association for Women Lawyers. Ms. Strohbehn earned her B.A. degree from Marquette University and her J.D. degree from Marquette University School of Law.