Will Contests Out of Stock
Co-Sponsored by the Colorado Bar Association Trust and Estate Section
Quantity
September 2019
Will Contests
Co-sponsored by the CBA Trust & Estate Section
Program Overview:
- Defending and Prosecuting Reformation Actions
- Litigation in a World of Digital Assets
- Ethical Issues Regarding Fiduciaries and Equitable Issues in Probate Litigation
- How to Analyze Undue Influence
At the end of the day, you will have a better understanding of:
- Case Law and Recent Legislation
- Reformation Actions
- Digital Assets
- Ethical Issues Regarding Fiduciaries
- Equitable Issues
- Undue Influence
CBA-CLE Upcoming Programs:
Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, September 24, 2019
Trust & Estate Fall Update, November 14, 2019
Agenda:
8:30 am
Registration and Continental Breakfast
9:00 am
Welcome and Introduction
Extended by Herbert E. Tucker, IV, Esq., Program Chair
9:10 - 9:40 am
Case Law and Statutory Update
An Overview of Colorado Case Law and Statutes for Attorneys Practicing in the Probate and Trust Arenas
Presented by Herbert E. Tucker, IV, Esq., Program Chair
9:40 - 10:40 am
Defending and Prosecuting Reformation Actions
- Reformation Actions Generally
- Recent Developments in Colorado Case Law Concerning Standing as it Relates to Prosecuting Reformation Actions
- The Role of a Personal Representative in a Reformation Action
Presented by Tim Bounds, Esq., and Aaron Evans, Esq.
10:40 – 10:50 am
Networking Break
10:50 – 11:50 am
Discovery and Admission of Digital Assets
- How to Advise a Fiduciary to Avoid Spoliation
- Obtaining Authority to Access Digital Assets, Including the Contents of Electronic Communications
- What to Ask for When Dealing with Estates of Millennials and Other Digital Natives
- Act Fast – Do the Easy Parts First, Save the Hard Parts for Later - Your IT Guy Can’t Do This
- Admissibility: Defensible Collection and Perfectly-Preserved Metadata.
Presented by Zachary Cornell, Robert Kelso, EnCE, CHFI, ACE, and AME, and Zachary D. Schlichting, Esq.
11:50 am – 1:30 pm
Lunch Break on Your Own
1:30 - 2:30 pm
Ethical Issues for Trusts and Estates Attorneys Representing Fiduciaries
(1.2 Ethics Credits)
- Who is the Client when Representing Fiduciaries?
- Attorney-Client Privilege and Confidentiality Issues when Representing Fiduciaries
- Representing Co-Fiduciaries
- C.R.P.C. 1.2, 1.6, 1.7. 1.16, and 3.3
- Ethics Opinions 132 and 135
Presented by Gerard F.B. Deffenbaugh, Esq., and David W. Kirch, Esq.
2:30 - 3:30 pm
Equity in Probate Litigation
- Overview of the Court’s Equitable Powers
- Enforcement of Contracts to Make a Will or Trust and Remedies for Breach
- Marriage Issues: Putative Spouse(s), Capacity to Marry, and Elder Abuse
- The Slayer Statute: Protections for Payors and Third Parties and the Application of the Court’s Equitable Powers to Claw Back Disbursed Funds
Presented by Lindsay Andrew, Esq., and Marcie R. McMinimee, Esq.
3:30 – 3:40 pm
Networking Break
3:40 – 4:40 pm
Undue Influence by Those in a Confidential and Fiduciary Relationship with the Decedent
- A Quick Overview of the Concept of Undue Influence
- The Concept of the "Lucid Interval"
- What, Exactly, is an "Insane Delusion?"
- How to Examine for These Issues.
- How Examining These Issues can Strengthen Your Client's Case
- How to Build a Case Around Undue Influence
Presented by Jody J. Pilmer, Esq., and Max Wachtel, PhD
4:40 pm
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $469.00 USD
- Member Price $369.00 USD
- General Credits 7.00
- Ethics Credits 1.20
- EDI Credits