From Estate Planning to Probate: Probate Proceedings, Managing Client Expectations, and Avoiding Ethical Pitfalls

Nicholas Sebastiano
Nicholas Sebastiano | Reminger Co. LPA

Nick has extensive experience administering trusts, estates, and guardianships. Throughout his years of practice, Nick has represented families, individuals, and businesses in all types of disputes. Nick’s experience allows him to handle complex State and Federal cases from start to finish.

Live Video-Broadcast: April 30, 2025

2 hour CLE

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Program Summary

Transitioning into probate practice requires more than just an understanding of estate planning—it demands knowledge of probate administration, litigation risks, and conflicts of interest. This CLE webinar is designed for attorneys looking to expand their practice into probate law, whether as a natural extension of estate planning or as a new client service area. The course will provide practical insights into navigating probate proceedings, managing client expectations, and avoiding ethical pitfalls. Attendees will gain a solid foundation in estate law, probate processes, and ethical considerations while exploring strategies to grow and sustain a successful probate practice. This presentation includes one (1) hour of substantive CLE and one (1) hour of ethical CLE.

This course is co-sponsored with myLawCLE. 

Key topics to be discussed:

  • Estate planning and probate: Foundational principles
  • Walkthrough of the probate process
  • Essential client communications and ethical considerations
  • Probate litigation: Common disputes and legal strategies
  • Common ethical pitfalls
  • Representing clients with diminished capacity
  • Confidentiality and responding to subpoenas

Date / Time: April 30, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

speaker_Nicholas SebastianoNicholas Sebastiano | Reminger Co. LPA

P. Nicholas Sebastiano (“Nick”) is a shareholder at Reminger Co. LPA, practicing in the Cleveland office. His practice focuses on litigating trust, estate, and other probate cases, as well as disputes regarding nonprobate transfers. Nick has extensive experience administering trusts, estates, and guardianships. Throughout his years of practice, Nick has represented families, individuals, and businesses in all types of disputes. Nick’s experience allows him to handle complex State and Federal cases from start to finish.

Nick believes that a client centric approach is vital to any successful representation. He considers his client’s goals and objectives to be of primary importance. The combination of his client first approach and experience allows Nick to provide value throughout a representation. Nick is both pragmatic and strategic in his approach to any engagement. Nick is active in the legal and professional communities and maintains close working relationships throughout Northeast Ohio and Western Pennsylvania.

Nick can be reached at, Reminger Co., LPA, 200 Public Square, Suite 1200 Cleveland, Ohio 44114, telephone 216.430.2126, email [email protected].

Agenda

I. Estate planning and probate: Foundational principles | 1:00pm – 1:15pm

  • Understanding how estate planning decisions impact probate outcomes
  • Key distinctions between probate and non-probate assets
  • Navigating intestacy laws and their impact on estate administration

II. Walkthrough of the probate process | 1:15pm – 1:30pm

  • Step-by-step guide to probate administration
  • Executor and administrator responsibilities
  • Managing creditor claims, estate distributions, and final accounting

III. Essential client communications and ethical considerations | 1:30pm – 1:45pm

  • Setting client expectations in probate cases
  • Handling emotionally charged situations with beneficiaries and fiduciaries
  • Avoiding litigation

IV. Probate litigation: Common disputes and legal strategies | 1:45pm – 2:00pm

  • Will contests: Grounds for challenging and defending wills
  • Fiduciary misconduct and breach of duty claims
  • Alternative dispute resolution vs. litigation strategies in probate conflicts

Break | 2:00pm – 2:10pm

V. Common ethical pitfalls | 2:10pm – 2:30pm

  • Scope of representation(s)
  • Current client conflicts of interest and former client conflicts of interest
  • Lawyer as a witness

VI. Representing clients with diminished capacity | 2:30pm – 2:50pm

  • What constitutes diminished capacity and how to identify
  • What steps can a lawyer take to protect clients with diminished capacity?
  • When a lawyer may, or must, disclose the client’s condition

VII. Confidentiality and responding to subpoenas | 2:50 – 3:10pm

  • Review of attorney-client privilege, confidentiality, and work product
  • Duties upon receiving a subpoena
  • Duties of responding to subpoenas and procedural implications

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Arizona

Approved for CLE Credits
1 General, 1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
1 General, 1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 General, 1 Ethics

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1.2 General, 1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Illinois

Approved for CLE Credits
1 General, 1 Ethics, Civility, Professionalism

Indiana

Approved for CLE Credits
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 Substantive, 1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General, 1 Ethics

Missouri

Approved for CLE Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 General, 1 Ethics

Montana

Pending CLE Approval
1 General, 1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 General, 1 Ethics

North Dakota

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General, 1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General, 60 Ethics / Professionalism

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

Nevada

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 General, 1 Professional Conduct

Oklahoma

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 General, 1 Ethics

Pennsylvania

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 General, 1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 General, 1 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
1 General, 1 Dual

Texas

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

Utah

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Virginia

Not Eligible
1 General Hours, 1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law & Legal, 1 Ethics

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Pending CLE Approval
1 General, 1 Ethics

West Virginia

Pending CLE Approval
1.2 General, 1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 General, 1 Ethics / Professionalism

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