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Estate Planning: Anticipating and Preparing for Estate Litigation

Learn the key steps on how to implement proactive processes to diminish or eliminate litigation.

Estate planners generally focus on preparing estate planning documents that are predominantly geared towards accomplishing a clients' estate planning objectives in a tax efficient manner. With the increase in estate litigation, planners also need to take steps to ferret out the potential for estate-related litigation both before and after the client's death from a variety of different sources (e.g., disinherited family members and charities) and implement precautionary measures to reduce or eliminate the likelihood of litigation, and, if unavoidable, take steps to ensure that such litigation can be readily defeated with a minimum of cost and delay. This material will provide suggestions on how to protect your client's estate plan from attack.

Runtime: 88 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Goals of Estate Planning

  • Provide for Future Generations
  • Protection of Beneficiaries
  • Tax Motivations

Potential Objections

  • Lack of Due Execution/Forgery
  • Lack of Testamentary Capacity
  • Undue Influence
  • Duress/Fraud

Estate Planning Safeguards

  • Client Meetings
  • Use of Revocable Trusts and Joint Tenancies
  • Inclusion of in Terrorem Clauses, If Applicable
  • Due Diligence on Sources of Potential Attacks on Estate Plan
  • Creation of Memoranda to Document Purpose of Transactions in Estate Plan, Lack of Undue Influence, Lack of Fraud and Duress and Existence of Testamentary Capacity
  • Consult With and Obtain Affidavits From Treating Physicians
  • Obtain Mental/Medical Exams in Connection With Execution of Estate Documents
  • Consult With and Obtain Affidavits From Family Members, Friends and Colleagues to Support the Voluntary and Knowing Nature of the Testamentary Scheme
  • Videotape Execution Ceremony
  • Preparation of Detailed Attorney Memos Describing Execution Ceremony
  • Affidavits of Attesting Witnesses
  • Pre-Mortem Probate
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on April 25, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.47
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.47 hours of credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Steven H. Holinstat

Steven H. Holinstat

Proskauer Rose LLP

Daniel W. Hatten

  • Associate in the Private Client Services Department and Fiduciary Litigation Group for Proskauer Rose LLP
  • Practice encompasses all aspects of estate and tax planning, estate and trust administration and fiduciary litigation
  • Primarily represents individuals in a wide variety of estate and financial planning issues including estate, gift and generation-skipping tax planning

Steven H. Holinstat

  • Senior counsel in the Litigation Department for Proskauer Rose LLP that has received Tier One Rankings for trusts and estates litigation by U.S. News Rankings
  • Has a broad and diverse background in all aspects of high-stakes commercial litigation; he is one of the firm’s principal fiduciary litigators, is the lead litigator in a number of high net worth trust and estate matters, and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation.
  • When litigation is unavoidable, Steve is an aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD) and the International Chamber of Commerce.
  • Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation; he is also a member of the Surrogate’s Court Committee of the NYS Bar Association, the Litigation Committee of the NYC Bar Association and the Alternative Dispute Resolution Committee for the NYC Bar Association.
  • Can be contacted at sholinstat@proskauer.com or 212-969-3104
No photo available

Henry J. Leibowitz

Proskauer Rose LLP

  • Partner in the Private Client Services Department and Fiduciary Litigation Group for Proskauer Rose LLP
  • Practice encompasses all aspects of estate and tax planning, estate and trust administration and fiduciary litigation; Hank handles family matters such as the preparation of prenuptial and postnuptial agreements; he regularly counsels individuals concerning charitable giving and advises private foundations and public charities on tax issues; in addition, has been involved in will contests and other estate and trust related litigations
  • Primarily represents individuals in a wide variety of estate and financial planning issues including estate, gift and generation-skipping tax planning; in recent years, Hank has become very involved with planning relating to distributions from qualified plans and IRA's, including Roth rollovers, income and estate tax issues and devising methods that allow continued tax deferral within said plans; he also has extensive experience with all types of life insurance planning, including split-dollar arrangements
  • Has administered large and complex estates in New York, Connecticut, New Jersey and Florida; he has handled numerous IRS estate tax audits and state estate tax domicile disputes which have been favorably resolved; he has also been involved in many Surrogate’s Court proceedings. Notably, he has a great deal of experience in the administration of various artists’ estates, having handled the estate of Leonard Bernstein, the estate of Keith Haring, the George Balanchine trust, and a litigation brought by the New York State Attorney General against the estate of Joseph Cornell and the Cornell Foundation
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 403986
Published 2018
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