Contested Wills: When Intent is in Dispute
September 2012
Contested Wills: When Intent is in Dispute
Program Highlights
Case Law and Legislative Updates for Probate, Trust and Protected Proceedings for 2011-2012
Alison E. Zinn, Esq.
Tort Claims in Probate and Related Insurance Coverage Issues
Gregory G. Giometti, Esq., and Greg Washington, Esq.
Estate Planning and Litigating for Farm and Ranch Operations
Justin Cumming, Esq., and Donald H. Kelley, Esq.
Issues Surrounding the Creation and Challenge of Conservator-Created Wills and Writings Intended as Wills
Thomas A. Rodriguez, Esq.
The Pros and Cons of Video Taping Will Executions, Including Video Clips of Will Executions
Herbert Tucker, IV, Esq., Program Chair, and Keith Lapuyade, Esq.
Mediating Contested Wills and Assessing Risks Faced at Trial
C. Jean Stewart, Esq.
Program Description:
What issues can arise when an objection is raised against the validity of a will? Attend this program to be prepared when the testator's intent is in dispute.
The day will begin with a thorough case law and legislative update.
The next session will focus on potential tort claims that may arise in the context of a contested estate proceeding, including the popular new claim for tortuous interference with inheritance. There will also be discussion regarding whether these claims may insurance coverage.
Then participate in a discussion of estate planning and litigating for farm and ranch operations, which will include areas such as: adapting planning to the current unsettled legislative environment; areas of emphasis during the years of increased federal unified credit; using business entities in farm estate planning; succession planning; and practical issues when representing producers.
The agricultural topic will be followed by a presentation on issues surrounding the creation and challenge of conservator-created wills and writings intended as wills.
What about videotaping will executions? Hear which states have statutes governing the admissibility of videotaped will executions, the use of such a videotape to prove testamentary capacity and undue influence, how to admit a videotape into evidence, and possible difficulties with use at trial. Don't miss the thought-provoking video clips of will executions.
Finally, estate and trust litigation, including every will contest, is an opportunity to identify alternative ways to achieve your clients' goals without resort to the public courtroom. We will close the day with a look at successful techniques available to attorneys and their clients to avoid and resolve issues that frequently arise in these cases.
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Agenda:
8:30am
Registration and Continental Breakfast
9:00am
Introduction and Welcome
Extended by Herbert Tucker, IV, Esq., Program Chair
9:10am
Case Law and Legislative Updates for Probate, Trust and Protected Proceedings for 2011-2012
An overview of Colorado case law and new legislation for attorneys practicing in the probate and trust arenas
Presented by Alison E. Zinn, Esq.
9:40am
Tort Claims in Probate and Related Insurance Coverage Issues
This session will focus on various potential tort claims that may arise in the context of a contested estate proceeding, including the popular new claim for tortuous interference with inheritance. There will also be some discussion regarding whether these claims may or may not trigger insurance coverage.
Presented by Gregory G. Giometti, Esq., and Greg Washington, Esq.
10:40am
Networking Break
10:50am
Estate Planning and Litigating for Farm and Ranch Operations
- Adapting planning to the current unsettled legislative environment
- Areas of planning emphasis during the years of increased federal unified credit
- Using business entities in farm estate planning
- Succession planning for the farm and ranch business
- Practical issues when representing producers in probate litigation
Presented by Justin Cumming, Esq., and Donald H. Kelley, Esq.
11:50am
Q&A Panel
Members of the Faculty
12:00pm
Lunch Break - On Your Own
1:30pm
Issues Surrounding the Creation and Challenge of Conservator-Created Wills and Writings Intended as Wills
Whenever a conservator creates a new will, or modifies a protected person's existing will under C.R.S. § 15-14-411, it can raise some interesting issues for the conservator as well as for those who, at some point, may wish to challenge the new or revised will. Similarly, the probate and/or challenge of writings intended as wills under C.R.S. § 15-11-503 present other issues and challenges for proponents and contestants. In this session, we will explore some of the more common issues surrounding conservator-created wills and documents intended as wills.
Presented by Thomas A. Rodriguez, Esq.
2:30pm
The Pros and Cons of Video Taping Will Executions
- States That Have Statutes Regarding the Admissibility of Video Taped Will Executions
- Use of Will Execution Video Tape to Prove Testamentary Capacity and Undue Influence
- Admissibility of Evidence of Testator's Statements
- Methods Used to Admit Evidence of Will Execution Ceremony
- Admissibility of Video Tape of Will Execution Ceremony
- Foundation for Admitting Video Tape of Will Execution Ceremony
- Substantive Contents of Will Execution Videotape
- Technical Aspects of Video Taping the Will Execution Ceremony - Advantages of Using a Professional vs. Non-Professional
- Possible Difficulties with Use of Video Taped Will Execution at Trial
- Thought for the Future: Using the Video Tape of Will Execution as a Writing Intended as a Will Pursuant to C.R.S. §15-12-503
- Ethical Considerations
Presented by Herbert Tucker, IV, Esq., Program Chair, and Keith Lapuyade, Esq.
3:30pm
Networking Break
3:40pm
Mediating Contested Wills and Assessing Risks Faced at Trial
Estate and trust litigation, including every will contest, is an opportunity to identify alternative ways to achieve your clients' goals without resort to the public courtroom. Judge Stewart, now a self-described “professional neutral,” will discuss the successful techniques available to attorneys and their clients to avoid and resolve issues that frequently arise in these cases.
Presented by C. Jean Stewart, Esq.
4:40pm
Adjourn
Program Chair
Herbert Tucker, IV, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Faculty
Justin D. Cumming, Esq.
Rothgerber Johnson & Lyons, LLP
Denver, CO
Gregory R. Giometti, Esq.
Gregory R. Giometti & Associates
Denver, CO
Donald H. Kelley, Esq.
Highlands Ranch, CO
Keith Lapuyade, Esq.
Godfrey & Lapuyade, PC
Englewood, CO
Thomas A. Rodriguez, Esq.
Vincent, Romeo & Rodriguez, LLC
Vincent, Romeo & Rodriguez, LLC
Louisville, CO
C. Jean Stewart, Esq.
Holland & Hart, LLP
Denver, CO
Greg Washington, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Denver, CO
Alison E. Zinn, Esq.
Wade Ash Woods Hill & Farley, PC
Denver, CO
Video Replays: October 11, 2012
Denver: CLE Classroom, 1900 Grand Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $309.00 |
| CBA | $289.00 |
| $269.00 | |
| Non Member | $249.00 |
| New Lawyer | $249.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 6.00
- Ethics Credits: 0.50
- EDI Credits:
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