American Bar Association
 
Probate and Fiduciary Litigation Committee

Probate and Fiduciary Litigation Committee

Mission

This committee reviews developments related to estate and trust litigation, including will contests, surcharge litigation, contested guardianships and conservatorships and alternative dispute resolution. It studies selected issues, such as the right to a jury trial and the availability of punitive damages. The committee also analyzes specific evidentiary questions (for example, attorney-client relationships, attorney-work product and ethical and conflict of interest issues in the field). The committee publishes information for Section members on these topics, and participates in or sponsors Section CLE programs.

Programs, Meetings and Events

Committee Events

Litigation, Ethics & Malpractice Group Conference Call

April 9, 2014
Don’t Learn the Hard Way! Practice Tips from the Front Lines. Jessica A. Uzcategui and Gabrielle A. Vidal will share updates and tips from the front lines of litigation. The presenters will discuss recent developments in disqualification and confidentiality rules for joint clients, undue influence and Certificates of Independent Review, admission of electronic “wills” to probate, and protecting assets during marital dissolution. The call will also include a preview of the Group’s programs and activities at the Spring Symposia. http://apps.americanbar.org/dch/committee.cfm?com=RP569000.

The dial-in number is (866) 646-6488, and the participant pass code is 53807002591.

The call will begin at 1:30pm Eastern Standard Time. We look forward to speaking with you.

Litigation, Ethics & Malpractice Group Conference Call

July 9, 2014

This call will feature a presentation by Paul Fisher of California, on managing difficult clients in estate and trust litigation. The call will then earmark the most interesting issues and questions which arose during the programs in which the Group had a hand at the annual Spring Symposia Meeting in Chicago in May of this year – contested guardianships, the overlap between real estate and trust/estate litigation, and dealing with high-conflict counsel. Finally, the Group will consider concepts for future programs and articles.
The dial-in number is (866) 646-6488, and the participant pass code is 53807002591.
The call will begin at 1:30pm Eastern Standard Time. We look forward to speaking with you.

 
Section Events

    Commercial Real Estate Zoning and Land Use

    05/27/2015-05/27/2015

    The panelists will discuss and explain the most common zoning tools jurisdictions use to regulate land use in their respective communities and how lawyers can work with those tools to achieve clients' goals. Topics will include: * Foundation of zoning and land use policy* A review of the common zoning ...

    The IRS T&E Attack List and How to Defend Against It

    06/02/2015-06/02/2015

    Gift and estate tax returns continue to be closely examined by the IRS. What topics are the IRS most commonly raising in audit? Find an overview of these important issues in this program. Topics our panelists will cover include: Indirect gifts Step transactions Annual ...

    Real Estate Purchase and Sale Agreements – Don’t Forget to Cover These Points!

    06/03/2015-06/03/2015

    Certain issues in the negotiation of commercial real estate purchase and sale agreements tend to be overlooked. Although not gotcha issues, they merit careful review and focus. This program, for both new and seasoned practitioners, will review selected issues that repeatedly arise in the purchase and ...

LISTSERV Communication

In order to send a message to the listserve, send the message as an email to the address below. You must be a member of the Committee to use the listserve.

RPTE-PROBATEFIDUCIARY@mail.americanbar.org

In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.


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Leadership

Chairs:

La Ratta, Anthony
Patterson, Crystal

Vice-Chairs:

Fisher, Paul
Lackey, Kenneth
Wallenfelsz, Rebecca

Committee Roster  

Modified by Kenneth Lackey on May 1, 2015

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