LITIGATING PROBATE AND TRUST DISPUTES IN 2021 – A BRAVE NEW WORLD
Live Webcast Seminar
ITEM #:  2035272101   |   EVENT CODE:  343644    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$195.00
STANDARD PRICE
$245.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

ONLINE

Thursday, March 18, 2021

8:55 AM - 4:25 PM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.

Litigating Probate and Trust Disputes in 2021 – A Brave New World

Probate and trust disputes can present a myriad of issues, including fiduciary problems, family dynamics, creditor issues and unclear estate plans just to name a few. Because these cases present unique concerns and issues, attorneys need to know how to effectively prevent fights, settle them efficiently or move a case through court when litigation is unavoidable. This course is specifically designed for civil litigators, estate planning attorneys and practiced probate litigators. Join our esteemed faculty as they provide you with practical instruction and tips for handling common probate and trust controversies. Don’t miss this opportunity to build your skills and develop better tools and approaches for emotional and contentious litigation.

Topics addressed include:

  • Are remote hearings here to stay?  
  • Are Zoom depositions here to stay?
  • Will Zoom mediations be the “new normal”?
  • Answers to these questions and many more, plus ethics and elimination of bias credits!


BONUS MATERIALS:
All attendees will receive an electronic copy of Minnesota CLE’s handy Legal QuickSheet on Capacity and Legal QuickSheet on Attorney Fees in Probate, Trust and Related Proceedings.

8:25 – 8:55 a.m.
JOIN ONLINE


8:55 – 9:00 a.m.
WELCOME & INTRODUCTION


9:00 – 9:40 a.m.
Exploring the Potential New World of Electronic Wills, Harmless Error and Remote Notarization
A look at new draft legislation and how the increasing digitalization of estate planning impacts litigation.
– J. Steve Nys & Denise S. Rahne


9:40 – 9:45 a.m.
BREAK


9:45 – 10:25 a.m.
Commencing a Case in 2021: Pleadings, Initial Hearings and Scheduling During COVID and Beyond
A “nuts and bolts” analysis of: 

  • Pleadings in various types of proceedings (probate, trust, guardianship/conservatorship, and Power of Attorney accounting)
  • Filing and service issues, including what to do with the omitted child
  • When do the Minnesota Rules of Civil Procedure apply?
  • Proposing and impacting Scheduling Orders in a contested proceeding
  • An update on how courts are handling scheduling of initial hearings, motions and trials during the pandemic
  • Are remote hearings here to stay?

– Brian A. Dillon & Kimberly A. Prchal


10:25 – 10:35 a.m.
BREAK


10:35 – 11:20 a.m.
Current Trends in How to Approach Discovery and Motions
Considerations for effective discovery and motion practice including: 

  • Selecting the right type of discovery for the right circumstances (written discovery versus depositions, etc.)
  • Obtaining third-party discovery
  • Navigating privilege and confidentiality issues (legal, medical and financial records)
  • Understanding the distinction between a petition or motion
  • When to bring motions to dismiss and summary judgment motions
  • Discovery motions
  • E-discovery considerations and developments
  • Are Zoom depositions here to stay?

– Casey D. Marshall, Teresa B. Molinaro & Adine S. Momoh 


11:20 – 11:25 a.m.
BREAK


11:25 a.m. – 12:10 p.m.
Quirks and Pitfalls of Probate and Trust Trials
Practical pointers to help you better understand the strategic choices that can make you more efficient and effective at trial: 

  • Court trial vs. jury trial
  • How to handle cases that require multiple evidentiary hearings
  • How much time do you need to allocate?
  • How to handle witnesses and exhibits?
  • How do you deal with COVID? 
  • What’s the future of this area after COVID?
  • And more!

– Joseph J. Cassioppi & Emily A. Unger


12:10 – 12:40 p.m.
LUNCH BREAK


12:40 – 1:25 p.m.
The Future of Mediation/ADR in Probate, Trust, and Guardianship/Conservatorship Disputes
Resolving disputes early and in the most amicable way possible is achievable and can lead to better outcomes for clients. Hear helpful considerations for weighing these options: 

  • Why mediate?
  • Mandatory or voluntary?
  • When to mediate?
  • What to look for when selecting a mediator?
  • Who needs to be in the room during mediation (or who should not be in the room)?
  • How to support your clients’ (and your own) emotional and psychological responses to the process
  • Did the pandemic make it easier or harder to settle cases? 
  • Have increased polarization/alternative facts impacted attempts to settle cases? 
  • Will Zoom mediations continue when things “go back to normal?”

– Judge Robert A. Blaeser & Chris Tymchuck
– Anton Cheskis (moderator)


1:25 – 1:30 p.m.
BREAK


1:30 – 2:10 p.m.
What Happens after Trial? Post-Trial Motions, Appeals and Recent Case Law
A case may not be completed when the trial ends. This session will address some important factors to evaluate post-trial:

  • Depending on the outcome, to appeal or not to appeal?
  • What are appealable issues?
  • Are post-trial motions necessary?
  • What is the final order?
  • What are limitations on the time to appeal?
  • How to seek and obtain attorneys’ fees in probate, trust, and guardianship/conservatorship cases
  • Recent appellate decisions and trends
  • And more!

– Susan (Susie) A. King & Robert A. McLeod


2:10 – 2:20 p.m.
BREAK


2:20 – 3:20 p.m.
Elimination of Bias: Litigation Involving Vulnerable Adults – Ageism, Opportunism, and Autonomy
1.0 elimination of bias credit applied for
Join our panel as they connect these themes with your work in advising older adults and families in a way that offers useful perspective, tools, and/or moral support. The panel will address the following:

  • Identifying biases involving vulnerable adults
  • Protection vs. control
  • Less restrictive alternatives to guardianship/conservatorship
  • Undue influence/lack of capacity in estate planning

– Susan B. Crumb & Marit Anne Peterson
– Sharma Foley Affeldt (moderator)


3:20 – 3:25 p.m.
BREAK


3:25 – 4:25 p.m.
Ethics: Ethical Considerations in Drafting, Administration and Litigation
1.0 ethics credit applied for

  • Conflicts of interest
  • Who do you represent?
  • Over-involved family members
  • The lawyer as witness
  • Requesting and responding to requests for a drafting attorney’s file
  • Advising on the elective share in drafting and litigation
  • And more!

– Susan M. Humiston & Julian C. Zebot
– Jayne E. Sykora (moderator)

LIVE WEBCAST
Thursday, March 18, 2021
Attend online

REPLAYS
There are no replays.

$195 MSBA members / $195 paralegals / $245 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.25 CLE credits, including 1.0 ethics credit and 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this program is 6.25 credits.

SPONSORED BY:
MEMBER PRICE
$195.00
STANDARD PRICE
$245.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

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