No Contest Clauses - Current Perspectives on Estate Planning and Litigation Out of Stock
Co-sponsored by the CBA Trust & Estate Section
Quantity
September 2016
No Contest Clauses – Current Perspectives on Estate Planning and Litigation
Co-sponsored by the CBA Trust & Estate Section
Program Description:
With the rise in post-mortem estate planning and the increasing ability to modify estate planning documents after death, clients are becoming more and more unsure of the finality of their estate planning. As a result, practitioners are experiencing an increase in the use and enforcement of in terrorem or “no contest clauses.” Similar to most states, Colorado law has long provided for the enforceability of no contest clauses subject to a probable cause exception. Taking into account the public policy considerations, risk analyses, and increasingly litigious nature of estate and trust beneficiaries, estate planning attorneys and probate litigators alike can benefit from learning more about no contest clauses and how they play out under Colorado law.
MEET YOUR PRESENTERS:
Elizabeth T. Meck, Esq., concentrates her practice in all aspects of estate planning, estate administration, and probate litigation. Specifically, she regularly advises clients at each stage of estate and wealth transfer planning as well as the administration of probate estates and trusts. In addition, Ms. Meck represents clients in the resolution of disputed probate and trust matters through negotiation, mediation, and litigation. Specifically, she counsels clients in a wide variety of matters including the interpretation of wills and trusts, breaches of fiduciary duty, spousal rights, questions of heirship, distributions to beneficiaries, will contests, and complex property transfers. Ms. Meck writes about these topics and related issues at www.fiduciarylawblog.com. Ms. Meck is actively involved with the Colorado Bar Association's Trust & Estate section and the Colorado Women's Bar Association. She is also committed to community organizations focused on education and women's health issues.
Morgan M. Wiener, Esq., advises clients on variety of fiduciary and private client matters. In particular, Ms. Wiener focuses her practice on fiduciary litigation, estate planning, and trust and estate administration. Ms. Wiener's clients include individual and corporate fiduciaries, beneficiaries, heirs, and creditors. She regularly represents her clients in both contested and uncontested trust, estate, and probate proceedings. In addition, she counsels clients on will contests, will and trust interpretation and modification, and spousal rights, as well as breaches of fiduciary duty and fiduciary appointment and removal proceedings. Ms. Wiener is admitted to practice in Colorado and New York.
Program Series Chair
Kelly Dickson Cooper, P.C.
Holland & Hart LLP
Denver, CO
PROGRAM AGENDA
11:30 AM – 12:00 PM
Registration
- Colorado Law Has Long Provided for the Enforceability of No Contest Clauses
- Practitioners are Experiencing an Increase in the Use and Enforcement of No Contest Clauses
- Rise in Post-mortem Estate Planning
- Increasing Ability to Modify Estate Planning Documents After Death
- Clients are Becoming More Unsure of the Finality of Their Estate Planning
- Public Policy Considerations
- Risk Analyses
- Increasingly Litigious Nature of Estate and Trust Beneficiaries
- How This Plays out Under Colorado law
1:00 PM
Adjourn
Presented by Elizabeth T. Meck, Esq., and Morgan M. Wiener, Esq., Holland & Hart, LLP, Denver, CO
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $79.00 USD
- Member Price $59.00 USD
- General Credits 1.00
- Ethics Credits 0.00
- EDI Credits