Anticipating and Preparing for Estate Litigation

Duration 90 Mins
Level Basic
Webinar ID IQW19D0439

  • Review of Objections to probate
  • Estate Planning Safeguards to Prevent the Invalid Execution of and/or Challenges to Wills
  • Ethical Issues Involved in Estate Planning

Overview of the webinar

  • Review of Objections to probate
  • Estate Planning Safeguards to Prevent the Invalid Execution of and/or Challenges to Wills
  • Ethical Issues Involved in Estate Planning

Who should attend?

  • Trust and Estate Attorney
  • Wealth Manager
  • Accountant

Why should you attend?

In this practical webinar, you’ll receive guidance on how to anticipate and protect against potential, anticipated estate litigation relating to the probate of wills.

  • Among other things, you’ll learn about the typical objections to probate and how to plan for and address such potential objections. In particular, you will learn about the following objections to probate: (a) Lack of Due Execution/Forgery; (b) Lack of Testamentary Capacity; (c) Undue Influence and Duress; and (d) Fraud 
  • You will also learn about Estate Planning Safeguards to Prevent the Invalid Execution of and/or Challenges to Wills 
  • You will also learn about an attorney’s ethical obligations to spot and address defects in testamentary capacity

Faculty - Mr.Steven H. Holinstat

  • Senior Counsel in the New York Office of Proskauer Rose LLP in the Litigation Department
  • Has developed specialized experience in all aspects of fiduciary litigation, including, without limitation, will contests (both defense and offense), contested accounting proceedings, breach of fiduciary duty actions relating to the conduct of executors and trustees, representation of fiduciaries in connection with the disposition of illiquid assets (e.g., interests in closely-held enterprises and real estate), claims to recover assets by an estate or trust, actions to remove or replace fiduciaries, litigation of claims against an estate or trust and guardianship proceedings
  • Regularly conducts seminars and workshops on “Mitigating the Risk of Fiduciary Litigation: Guideline for Institutional Trustees”, “Identifying and Addressing Potential Issues Involving Clients with Diminished Mental Capacity and/or Why May Be Unduly Influenced by Others”, and “Anticipating and Preparing for Fiduciary Litigation” 
  • Has authored articles on fiduciary litigation, including “Who Can Recant and Decant?  Who is the ‘Creator’ of a Decanted Trust?” published in the New York Law Journal
  • J.D. degree, Fordham University School of Law, cum laude and Order of the Coif; B.A. degree University of  Michigan, cum laude 
  • Member of the Surrogate’s Court Committee of the New York State Bar Association, Member of the Litigation Committee of the New York City Bar Association, and Member of the Alternative Dispute Resolution Committee of the New York City Bar Association
  • 2013 and 2017 U.S. News Rankings gave Proskauer’s New York Office Tier One Rankings for Litigation-Trusts & Estates

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