Fiduciary Litigation – How to avoid trust and will challenges, and What do to if one arises

Mary Akkerman
Mary Akkerman | Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation.

On-Demand: May 9, 2022

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Program Summary

Join myLawCLE for a discussion on fiduciary litigation from the standpoint of an estate planner. Topics included will discuss preventing litigation through drafting choices and client counseling, how to identify hallmarks of undue influence on a client when you are the drafting attorney, and what to do if a challenge arises.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Ways to avoid litigation for the estate planning lawyer
  • Ethical issues surrounding will or capacity challenges during your client’s life or after death
  • What to do if litigation arises

Date / Time: May 9, 2022

  • 5:00 pm – 7:10 pm Eastern
  • 4:00 pm – 6:10 pm Central
  • 3:00 pm – 5:10 pm Mountain
  • 2:00 pm – 4:10 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Mary Akkerman_Davenport_Evans_Hurwitz & Smith LLP_myLawCLEMary Akkerman | Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Mary is an American College of Trust and Estate Counsel (ACTEC) Fellow. She is a member of the Society of Trust and Estate Practitioners and Sioux Falls Estate Planning Council.

Mary has received an AV Preeminent® Peer Review Rating by Martindale-Hubbell®, for the highest level of professional excellence for legal knowledge, communication skills and ethical standards. She has a Band 1 individual ranking in the Chambers High Net Worth Guide by Chambers and Partners in the area of Private Wealth Law, and is listed by Best Lawyers® in Trusts & Estates. Mary has also been ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in the areas of Estate Planning & Probate.

Agenda

I. Ways to avoid litigation for the estate planning lawyer | 5:00 pm – 5:40 pm

1. Drafting tips | 5:00 pm – 5:20 pm
2. Counseling clients | 5:20 pm – 5:40 pm

II. Ethical issues surrounding will or capacity challenges during your client’s life or after death | 5:40 pm – 6:30 pm

1. Attorney-client privilege | 5:40 pm – 5:50 pm
2. Confidentiality | 5:50 pm – 6:00 pm

Break | 6:00 pm – 6:10 pm

3. Recognizing red flags for clients who may be susceptible to undue influence or capacity issues and how to advise these clients | 6:10 pm – 6:20 pm
4. Representing a client with diminished capacity or disabilities | 6:20 pm – 6:30 pm

III. What to do if litigation arises | 6:30 pm – 7:10 pm

1. If you are the drafting attorney | 6:30 pm – 6:50 pm
2. If you are approached to represent a fiduciary or interested party | 6:50 pm – 7:10 pm