Trusts, Estates & Probate

4.2

Challenging a Will or Trust: Complex Tactics for Experienced Practitioners

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
OnDemand
2 hours 57 minutes
Kurt Garcia
Olivia Krebs
With Kurt C. Garcia from Garcia Law Firm, LLC + 1 other
Recorded June 21, 2024
Product ID 98724

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Overview

Build Your Skills Through Case Studies and Insights From the Industry's Top Experts

When a bequest is challenged by suddenly disinherited children or former business partners, will you know how to prove the validity of the estate planning documents? This course delves into the intricate and nuanced strategies involved in challenging (and defending) a will or a trust. Skip the basics and address the top problems you'll face. Come away with working samples of petitions to invalidate, effective responses, and settlement provisions. Experienced attorney faculty will weigh in on what legal arguments work best in specific scenarios and will work through two fact patterns you're likely to encounter. Elevate your skills - register today!

  • Explore case law that addresses the notoriously difficult-to-prove lack of testamentary capacity.
  • Walk through illuminating scenarios involving alleged undue influence by caregivers and romantic partners.
  • Improve outcomes in mediation and at court hearings with hard-won tactics from the pros.
  • Gain insights into deed contests, covering issues of constructive fraud, forgery, statute of limitation, and sample causes of action.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Louis Silverman.

Abbreviated Agenda

  1. Proving and Disproving Lack of Testamentary Capacity
  2. Undue Influence: Discovery, Briefs, Witness Testimony
  3. Fraud and Forgery
  4. ADR, Settlement Negotiations, and Hearing Tactics
  5. Bonus Topic: Deed Contests

Related Topics

Product ID 98724

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Proving and Disproving Lack of Testamentary Capacity

    1. Tests of Testamentary Capacity (Including Court Opinions Finding Decedent to be Incapacitated (or Not))
    2. Investigation and Gathering the Facts of Decedent's Incapacity
    3. Drafting the Petition to Invalidate the Will or Trust (With Sample Language for Various Fact Patterns)
    4. Drafting the Response: Top Defenses
    5. The Role of Medical Records and Doctor Testimony
    6. Lay Witness Testimony

  2. Undue Influence: Discovery, Briefs, Witness Testimony

    1. Defining the "Principal Beneficiary"
    2. Demonstrating the Influencer's Active Participation in Drafting and Execution of the Will or Trust
    3. Proving "Fraudulent Representations to the Testator"
    4. Examining Prior Declarations and Prior Estate Planning of the Testator
    5. Case Study #1: Undue Influence by a Caregiver
    6. Case Study #2: Late-in-Life Romantic Relationship

  3. Fraud and Forgery

    1. Grounds for Fraud
    2. Proving the Authenticity and Spotting/Proving Forgery
    3. The Trouble With Holographic Wills
    4. Remote Notarization and E-Signing Issues
      1. Risks of Lack of Attorney Oversight
      2. Case Law Applying "Harmless Error" Rule to Electronic Wills

  4. ADR, Settlement Negotiations, and Hearing Tactics

    1. Mediation: Working Through Common Points of Contention
    2. Drafting Settlement Agreements (With Sample Provisions)
    3. Court Hearings: Tips and Best Practices

  5. Bonus Topic: Deed Contests

    1. Deeds That are Procured by Constructive Fraud
    2. Deeds That are Procured Through Forgery
    3. Statute of Limitation Issues and the Application of the Discovery Rule
    4. Sample Causes of Action

Who Should Attend

This advanced level course is designed for experienced attorneys.

Speakers

Kurt C Garcia
Kurt C.
Garcia
Garcia Law Firm, LLC
Olivia L Krebs
Olivia L.
Krebs
Kubik Bogner Ridl & Selinger, PLLP
Speaker bio
Kurt C Garcia

Kurt C. Garcia

Garcia Law Firm, LLC
Kurt Garcia

is a sole practitioner with his company Garcia Law Firm, LLC located in Kenner, Louisiana. His primary areas of practice include litigation and appellate practice, with an emphasis in municipal law including areas of urban planning, zoning, land use and injunctions. Mr. Garcia also handles matters involving business law, successions, wills, contracts law, non-profit organizations and personal injury. He is an adjunct professor in the Political Science Department at the University of New Orleans. Mr. Garcia is licensed to practice in all Louisiana state courts, U.S. Supreme Court, U.S. Fifth Circuit Court of Appeals and U.S. District Court for the Eastern District of Louisiana. He earned his B.A. and M.P.A. degrees from the University of New Orleans, and his J.D. degree from Loyola University New Orleans College of Law. Mr. Garcia is a member of the Louisiana State Bar Association and the Jefferson Parish Bar Association.

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Speaker bio
Olivia L Krebs

Olivia L. Krebs

Kubik Bogner Ridl & Selinger, PLLP
Olivia Krebs

is an attorney with Kubik Bogner Ridl & Selinger, PLLP, where she focuses her practice in estate planning and probate, real estate law, business formation and commercial law. Ms. Krebs earned her B.S. degree from the South Dakota State University and her J.D. degree from Creighton University School of Law. She is admitted to practice in North Dakota, Montana and South Dakota. Ms. Krebs is a member of the State Bar Association of North Dakota, State Bar of Montana and State Bar of South Dakota.

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