Register For Course
Live Webinar Registration
OnDemand Video
Video Download
Course Book Download
Overview
Mastering Pennsylvania Fiduciary Litigation and Estate Proceedings
Whether you're stepping into Orphans' Court for the first time or looking to sharpen your command of complex fiduciary litigation, this course is your guide to Pennsylvania's unique probate and fiduciary court. Let experienced attorney faculty walk you through the full lifecycle of Orphans' Court matters. You'll gain procedural insight, tactical guidance, and updates on key statutory and rule-based changes, including the Pennsylvania Orphans' Court Rules and local practice nuances. Ideal for estate planners, litigators, family law attorneys, and general practitioners alike, this course ensures you're prepared to handle disputes over wills, trusts, guardianships, and fiduciary accounts with confidence. Register today!
- Navigate Pennsylvania Orphans' Court procedure with confidence.
- Draft and respond to key pleadings in fiduciary litigation.
- Advise clients on trust and estate disputes, guardianships, and will contests.
- Comply with ethical obligations in fiduciary representation.
- Prepare for evidentiary hearings and appeals in Orphans' Court matters.
Abbreviated Agenda
- Orphans' Court Jurisdiction, Structure, and Procedure
- Commencing an Action: Petitions, Citations, and Service
- Estate Administration Procedures, Disputes, and Accountings
- Ethics in Orphans' Court
- Will Contests and Incapacity Challenges
- Guardianships of Incapacitated Persons and Minors
- Trust Disputes and Modification Proceedings
- Evidentiary Hearings and Procedures
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| New Jersey CLE |
|
7.2 Total |
| New York CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Orphans' Court Jurisdiction, Structure, and Procedure
- Statutory Authority and Jurisdiction
- Role of the Register of Wills vs. the Orphans' Court
- Types of Matters Heard: Estates, Trusts, Guardianships, Adoptions
- Working With Clerks, Court-Appointed Experts, and Auditors
- Local Rules and Judge-Specific Protocols
-
Commencing an Action: Petitions, Citations, and Service
- Drafting Initial Pleadings Under Pa.O.C. Rules 3.5-3.10
- Citation Practice and Scheduling Hearings
-
Estate Administration Procedures, Disputes, and Accountings
- Estate Opening: Letters Testamentary and Letters of Administration
- Fiduciary Duties, Liabilities, and Surcharge Actions
- Gathering Assets: Inventory, Valuation, Asset Management, etc.
- Heirs and Beneficiaries: Intestacy, Wills, and Beneficiary Identification
- Objections to Inventories, Accountings, and Distributions
- Procedural Requirements Under Pa. O.C. Rule 2.7
-
Ethics in Orphans' Court
- Who Is the Client? Fiduciary Representation
- Conflicts of Interest and Multiple Fiduciary Roles
- Representing Incapacitated Individuals
- Attorney-Client Privilege
-
Will Contests and Incapacity Challenges
- Grounds: Undue Influence, Lack of Capacity, Fraud, Improper Execution
- Procedural Posture: Caveats, Appeals From Probate
- Medical Testimony and Burden-Shifting Under Estate of Clark
-
Guardianships of Incapacitated Persons and Minors
- Qualifying as Guardian: Petitions for Adjudication of Incapacity
- Rights of Incapacitated Persons: Due Process and Least Restrictive Alternatives
- Scope of Authority: Guardians of the Person and Estate
- Termination of Guardianship: Restoration of Capacity and Death
-
Trust Disputes and Modification Proceedings
- Accounting Issues and Trustee Removal
- Nonjudicial Settlement Agreements (20 Pa.C.S. 7710.1)
- Modification/Termination Under UTC Concepts in Pennsylvania Law
-
Evidentiary Hearings and Procedures
- Conducting Depositions and Discovery Under Pa.O.C. Rule 3.9
- Hearing Procedure, Exhibits, Testimony
- Pretrial Statements and Judicial Expectations
Who Should Attend
This basic level online seminar is designed for:
- Attorneys
- Accountants and CPAs
- Fiduciaries
- Trustees
- Child Advocates
- Paralegals
Speakers
Speaker bio
Gerald R. Clarke
is a solo practitioner at Clarke and Associates, located in Glenside, Pennsylvania. He focuses his practice on wills, trusts and estates, estate administration, and personal and business income tax. Mr. Clarke also serves as general counsel to several medium size employees in the eastern Montgomery County vicinity. He has significant experience representing clients on both sides of employment cases and now works exclusively with employees in dealing with issues that they may have with a current or former employer. Mr. Clarke earned his bachelor's degree from La Salle University and his J.D. degree from Temple University, James E. Beasley School of Law. He also obtained his CPA license and practiced as an accountant prior to becoming a lawyer. Mr. Clarke's financial background provides a unique perspective and detailed understanding of the tax ramifications of proposed estate planning scenarios. He is admitted to practice law in Pennsylvania and New Jersey.
Speaker bio
James W. Creenan
is the founding attorney of Creenan & Baczkowski, PC, where he focuses his practice on construction litigation, commercial litigation, and business counseling. He represents construction companies, government agencies, architects, engineers, contractors, landlords, and developers in complex disputes and business matters. Mr. Creenan is highly active in the legal community, having served in leadership positions with the Allegheny County Bar Association, Pennsylvania Bar Association, and American Bar Association. He is admitted to practice in the state and federal courts of Pennsylvania. Mr. Creenan earned his undergraduate degree from Canisius College and his J.D. degree from Duquesne University School of Law.
Speaker bio
Faith M. Lucchesi
is an attorney, mediator, and arbitrator with De Boef Lucchesi PC. She began her career at the United States Department of Justice working on environmental issues, including oil and gas litigation and property matters before settling in State College. Ms. Lucchesi focuses her practice on estates, trusts and probate, real property, and commercial contract matters. She received her B.S. degree from Penn State University, followed by earning her J.D. degree from the Penn State University, Dickinson School of Law.
Speaker bio
Gary B. Freedman
is a partner with the Philadelphia law office of Freedman & Grinshpun, PC. He practices in the areas of elder law, probate, estate planning, corporate law, and real estate law. Mr. Freedman is an advisor to many nonprofit agencies on charitable giving through estate planning. He is the former solicitor for the Register of Wills Office in Montgomery County, and has lectured for banks and insurance companies on trust and estate planning topics. Mr. Freedman is a member of the Philadelphia (Estate Planning Section), Montgomery County (Estate Planning Section) and Pennsylvania (Estate Planning Section) bar associations. He earned his B.A. degree from Temple University, his J.D. degree from Temple University Beasley School of Law, his LL.M. degree from Temple University Beasley School of Law and his M.A. degree from Boston University.
TOP FAQs
How do I access my courses?
Do you have options for attendees who are deaf or hard of hearing?
What happens if my course is cancelled?
Are multiple attendee discounts available?
When will the OnDemand be available and how long will I have access to the content?
What is included with my course purchase?
Will I receive a certificate of completion?
Can multiple people watch courses and request credit?
Have more questions? Please Contact Us
