Trusts, Estates & Probate

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Trust and Estate Litigation: A Practical Guide With Focus on Case Law

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
CPE for Accountants/NASBA Approved 7 Total
Live Online
6 hours
Kamal Packer
John Dagley
Taso Milonas
Meghan McCulloch
Gregory Emrick
With Kamal O. Packer from Kamal Packer Law + 4 others

Wed, Oct 28, 00:00 AM – 00:00 PM

Product ID 102554

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Course Includes
$429

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Overview

When Legacies Are at Stake, Every Word - and Every Case - Counts

Trusts and estates disputes are among the most emotionally charged and legally complex matters an attorney can handle. Whether you're challenging a will, defending a trustee, or navigating a contested estate plan, the margin for error is zero.
This intensive 6-hour course cuts through the complexity and brings you directly into the courtroom - examining landmark and emerging case law to show you exactly how disputes unfold, how courts are ruling, and what strategies are winning. You'll walk away with a clear, litigation-ready understanding of the full trusts and estates dispute lifecycle: from identifying grounds for a will contest through judgment and post-trial considerations.
Whether you're an estate planning attorney expanding into litigation, a litigator handling your first trust dispute, or an experienced T&E litigator looking to sharpen your edge, this course delivers the practical, case-anchored guidance you need to represent your clients with confidence. Register today!

  • See exactly how courts evaluate capacity and undue influence and what drafting choices create or close those vulnerabilities.
  • Understand how no-contest clauses are being applied and enforced, so you can draft them to actually hold up.
  • Know what trustees get sued for and how to counsel clients to avoid it.
  • Get a discovery-eye view of T&E disputes: what gets subpoenaed, what gets challenged, and what that means for how you document your work.
  • Walk away current on the emerging issues reshaping the field: digital assets, elder financial abuse, and multi-jurisdictional trust disputes.

Abbreviated Agenda

  1. Foundations of Trusts & Estates Litigation
  2. Discovery and Evidence in T&E Cases
  3. Trust Disputes and Fiduciary Litigation
  4. Emerging Issues and Special Topics
  5. Trial Practice and Remedies in T&E Litigation
  6. Will Contests: Grounds, Strategy, and Case Law
  7. Legal Ethics of Trusts and Estates Litigation

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102554

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
CPE for Accountants/NASBA Approved 7 Total
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Agenda

All times are shown in
  1. Foundations of Trusts & Estates Litigation

    1. T&E Litigation Landscape: Stakes, Trends, and Key Players
    2. Jurisdiction, Venue, and Applicable Law: Choice of Law in Multi-State Trust Disputes
    3. The Probate Process and Litigation Timelines: What Litigators Must Know
  2. Discovery and Evidence in T&E Cases

    1. Discovery Challenges Unique to T&E Disputes
    2. The Fiduciary Exception to Attorney-Client Privilege: How Courts Are Ruling
    3. Expert Witnesses: Forensic Accountants, Medical Experts, Data Forensics, etc.
    4. Proving (and Disproving) Capacity Retroactively: Medical and Lay Testimony Strategies
  3. Trust Disputes and Fiduciary Litigation

    1. Challenging Trust Validity: Revocable and Irrevocable
    2. No-Contest (In Terrorem) Clauses: Enforceability, Exceptions, and Drafting Lessons from Case Law
    3. Trustee Duties and the Standard of Care: Prudent Investor Rule in Litigation Context
    4. Breach of Fiduciary Duty Claims: Surcharge, Removal, and Damages
    5. Trust Modifications, Decanting, Constructive Trusts: When Courts Intervene
    6. Beneficiary Rights and Standing: Demands for Accountings and Information
  4. Emerging Issues and Special Topics

    1. Digital Assets in Estates: Litigation Over Cryptocurrency, NFTs, and Online Accounts
    2. Elder Financial Abuse Claims: Intersection With T&E Litigation
    3. Multi-Jurisdictional Trust Disputes: Which State's Law Governs?
    4. Evolving Capacity Standards: Supported Decision-Making and Its Legal Impact
    5. AI in T&E Litigation: Hallucinations, DIY Documents, etc.
    6. Practical Case Law Review: Five Cases Every T&E Litigator Should Know
  5. Trial Practice and Remedies in T&E Litigation

    1. Mediation and Settlement of Trust Disputes
    2. Jury vs. Bench Trial in Probate and Trust Disputes: Strategic Considerations
    3. Opening and Closing Arguments in Will Contest Cases: Lessons from Verdicts
    4. Remedies: Surcharge, Constructive Trust, Removal of Fiduciary, Cy-Pres
    5. Fee Awards and Cost-Shifting in T&E Litigation
    6. Post-Judgment Enforcement and Appeals in Probate Courts
  6. Will Contests: Grounds, Strategy, and Case Law

    1. Testamentary Capacity: The Legal Standard and How Courts Apply It - Key Cases
    2. Undue Influence: Burden of Proof, Circumstantial Evidence, and Recent Rulings
    3. Fraud, Duress, and Mistakes in Will Execution
    4. Procedural Requirements: Execution Formalities and the Harmless Error Doctrine
    5. Standing to Contest: Who Can Sue and When
    6. Anatomy of a Successful Will Contest: Step by Step
  7. Legal Ethics of Trusts and Estates Litigation

    1. Who is Your Client?
    2. Attorney Fees and Engagement Agreements
    3. Conflicts of Interest Checks, Waivers, and Informed Consent
    4. Confidentiality Issues
    5. Candor in Negotiations
    6. Attorneys Acting as Fiduciaries

Who Should Attend

This legal guide is designed for attorneys. Accountants, fiduciaries, financial advisors, wealth planners, and paralegals will also benefit.

Speakers

Kamal O Packer
Kamal O.
Packer
Kamal Packer Law
John L Dagley
John L.
Dagley
Buck Keenan LLP
Taso M Milonas
Taso M.
Milonas
Taso M. Milonas, P.A.
Meghan McCulloch
Meghan
McCulloch
Offit Kurman, P.A.
Gregory Emrick
Gregory
Emrick
Offit Kurman, Attorneys At Law
Speaker bio
Kamal O Packer

Kamal O. Packer

Kamal Packer Law
Kamal Packer

is a trial lawyer specializing in complex civil litigation, personal injury, medical malpractice, and commercial business and transactional law. He is a military veteran who served 11 years of active duty in the U.S. Coast Guard before practicing law, wherein his responsibilities were tailored to finances, logistics and hurricane response. Mr. Packer graduated from American Military University with a Bachelor of Arts in philosophy, and earned his Juris Doctorate from Loyola University New Orleans College of Law, all while fulfilling his active-duty military service. While earning his law degree, he externed for the U.S. Coast Guard's District 8 Legal Division and the Honorable Bruce T. Smith (retired), a then administrative law judge for the Department of Homeland Security. Throughout his legal career, Mr. Packer was a law clerk for the Honorable Paula Brown and Honorable Dale Atkins at the Louisiana Fourth Circuit Court of Appeal. Mr. Packer has also handled civil suits representing both plaintiffs and defendants for renowned law firms throughout Louisiana and Texas. He is a member of the Louisiana State Bar Association, New Orleans Bar Association, Federal Bar Association, A.P. Tureaud Inn of Court and Greater New Orleans Louis A. Martinet Legal Society.

Speaker bio
John L Dagley

John L. Dagley

Buck Keenan LLP
John Dagley

is a partner at Buck Keenan LLP. He handles cases in all aspects of civil litigation. Mr. Dagley represents clients and tries cases for plaintiffs and defendants in state and federal trial courts, arbitrations, and on appeal throughout the United States. He is responsible for winning significant multi-million-dollar settlements and judgments for owners, operators, businesses, organizations, shareholders, and individuals in a wide range of practice areas, including fiduciary and probate, oil and gas, insurance, healthcare, partnerships, closely held businesses, and unique family disputes. Mr. Dagley is board-certified in civil trial law by the Texas Board of Legal Specialization, a specialty certification held by less than one percent of lawyers in Texas. He is regularly asked to participate in continuing legal education events, including the State Bar of Texas Fiduciary Litigation course, State Bar of Texas Breaking Boundaries in Custody Litigation course and StoneTurn Group Intellectual Property Roundtable. Mr. Dagley earned his B.B.A degree from Baylor University, his J.D. degree from Baylor University and his LL.M. degree from Baylor University.

Speaker bio
Taso M Milonas

Taso M. Milonas

Taso M. Milonas, P.A.
Taso Milonas

is admitted to practice before all courts in Florida and the U.S. Tax Court. He earned his LL.M. degree in taxation from the University of Florida Frederic G. Levin College of Law and his J.D. degree from Stetson University College of Law. Mr. Milonas has been qualified and testified as a subject-matter expert in state and federal courts in a number of areas, including estate planning, undue influence, breach of fiduciary duty, fiduciary accounting, Florida Probate Code, Florida Trust Code, Florida Uniform Principal and Income Act, federal income, gift and estate tax, and legal ethics. A significant portion of his practice is devoted to will and trust disputes in complex litigation throughout Florida, representing both fiduciaries and beneficiaries. Mr. Milonas is a Florida Bar board-certified tax lawyer, and was recently appointed by the president of The Florida Bar to serve as a member of the Tax Law Certification Committee. Currently, less than 5% of all attorneys admitted to practice in Florida are board-certified. He serves individual clients and their advisors on a wide-range of legal matters in a variety of capacities, including lead counsel, co-counsel, special counsel and subject-matter expert. Mr. Milonas currently serves on the Executive Council of The Florida Bar Tax Section; and has served in various leadership roles, including director of its Federal Tax Division, chair of the Estate & Gift Tax Committee and editor of Tax Section articles for the Florida Bar Journal. He has published numerous articles, and is a frequent lecturer before professional groups on tax, estate planning and probate litigation.

Speaker bio
Meghan McCulloch

Meghan McCulloch

Offit Kurman, P.A.
Meghan McCulloch

is the practice group leader for Estates and Trusts South and a principal at Offit Kurman, P.A., where she guides the firm's efforts in estate planning, probate estate and trust administration, guardianships, special needs planning, and elder law. Based in Columbia, Maryland, Ms. McCulloch has been guiding the strategic direction of the estates and trusts practice since August 2023, ensuring that clients receive thoughtful and tailored legal solutions across Maryland. Ms. McCulloch is known for her ability to craft customized legal strategies that honor each client's unique goals and circumstances. Her work is characterized by a thoughtful, client-centered approach that brings clarity and reassurance to complex legal matters. With a reputation for navigating challenging family dynamics with both skill and compassion, Ms. McCulloch is committed to helping clients protect their assets and secure their legacies. She works closely with both fiduciaries and beneficiaries, guiding them through the probate process and ensuring that estates are administered efficiently and in accordance with the law. Her clients consistently describe her as a trusted advisor, valued for her integrity, attention to detail, and commitment to their needs. Before joining Offit Kurman, Ms. McCulloch served as a partner at a Maryland law firm, where she focused on estate planning, fiduciary representation, elder law, and related tax matters. Earlier in her career, she managed the Social Security disability department at another firm, overseeing case management, administrative hearings, and federal court appeals while also drafting essential estate planning documents. These experiences have shaped her approach, allowing her to handle a wide range of legal matters with care and precision. Licensed to practice law in Maryland and before the U.S. District Court for the District of Maryland and the Maryland Court of Appeals, Ms. McCulloch has garnered significant recognition for her work. Her accomplishments include being named to the Estate and Trust Law Power List by The Daily Record in 2024 and earning the 'Rising Star' designation from Maryland Super Lawyers from 2016 to 2024. Ms. McCulloch is dedicated to guiding clients through the complexities of estate planning and administration with integrity and care. Her leadership at Offit Kurman reflects her commitment to providing personalized and effective legal services, helping clients secure their legacies and navigate their financial futures with confidence.

Speaker bio
Gregory Emrick

Gregory Emrick

Offit Kurman, Attorneys At Law
Gregory Emrick

is a partner at Offit Kurman, Attorneys At Law. He is an attorney whose practice focuses on advising and litigating issues of commercial disputes and litigation, fiduciary obligations, business disputes, insurance coverage, insurance defense, professional malpractice, and contested estate and guardianship matters. Mr. Emrick routinely pursues and defends claims in commercial contract disputes and fiduciary breaches. He also advises on risk management both in the context of litigation and in planning. Mr. Emrick's clients have come to rely on his holistic view of legal advice and adept representation. As an advocate of preemptive risk management and alternative dispute resolution and mediation, his clients know that he values ensuring that they get client-focused representation utilizing legal strategies to maximize their goals, whether the matter relates to administrative obligations under a trust, the potential liabilities arising from the administration of a will and estate, or the handling a contentious contract dispute. Mr. Emrick's practice brings him to the state and federal courts at both the trial and appellate levels, as well as with various administrative agencies throughout Maryland. He earned his B.A. degree from Lafayette College and his J.D. degree, cum laude, from University of Maryland Francis King Carey School of Law.

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