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

    Tax Traps for the Unwary in Annuity Planning

    08/22/2017-08/22/2017

    Annuities are often part of clients portfolios. They can be very complex products or very simple. The tax treatment of annuities can vary depending on the type of annuity and whether it is owned in an IRA or qualified plan. Not understanding annuities or how an annuity will be taxed can lead to disastrous ...

    Navigating Title Insurance and Survey Issues in Purchase and Sale Agreements

    08/23/2017-08/23/2017

    During this program our experts will cover a variety of issues pertaining to title insurance and surveys. They include: Fundamental issues importance of title insurance and survey to the transaction, mechanics and time frames for title objections, conditions to closing, and closing documentations ...

    Model Rules of Professional Responsibility: Adopted Model Rules - Where Do We Go from Here?

    09/26/2017-09/26/2017

    The ABA House of Delegates has approved Resolution 109 to amend Model Rule 8.4 to bring into the ABA Model Rules of Professional Conduct an anti-harassment and antidiscrimination provision. The amendment has engendered a significant amount of comment and controversy. In addition, the ABA adopted Resolution ...

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

Vice-Chairs:

Ebner, Daniel
Forman, Peter
Lackey, Kenneth

Committee Roster  

Modified by Adam Bielawski on September 10, 2015

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