Fiduciary Litigation Series 2021

Part I — Anticipating and Preparing for Estate Litigation

Originally held on Monday, October 4, 2021 | 3:00 pm – 5:00 pm

Part II — Managing Litigation Risk for Corporate Trustees

Originally held on Monday, November 1, 2021 | 3:00 pm – 5:00 pm

Part III — Hunting Horcruxes: Finding and Rightfully Redistributing Assets of Inheritance Theft through NY Surrogate’s Courts

Monday, December 6, 2021 | 3:00 pm – 5:00 pm

Program Chairs:


Part I — Anticipating and Preparing for Estate Litigation

Steven H. Holinstat

Proskauer Rose LLP

Part II — Managing Litigation Risk for Corporate Trustees
Taleah E. Jennings

Schulte Roth & Zabel LLP

Part III — Hunting Horcruxes: Finding and Rightfully Redistributing Assets of Inheritance Theft through NY Surrogate’s Courts
Neva D. Strom

Law Office of Neva D. Strom


  • Part I — Anticipating and Preparing for Estate Litigation
    In the modern era, challenges to the probate of a testator’s will are an unfortunate fact of life for many families, however normal or dysfunctional a family may appear, and regardless of the amount of assets in the testator’s estate. Indeed, the division of a testator’s assets can, and often does, bring out all manner of simmering family disputes, sibling rivalries and provides a forum to litigate various actual and perceived injustices or slights. This CLE explores the typical objections made to the probate of a testator’s will, and estate planning safeguards that may be considered to prevent the invalid execution of a will and challenges thereto, and certain ethical considerations lawyers should be aware of in dealing with clients who may be the subject of undue influence or have diminished capacity. Whether you are a transactional lawyer or a litigator, come join our panel of skilled and experienced and estate practitioners for a discussion of strategies and techniques for identifying and hopefully preventing challenges to a testator’s will.

    Part II — Managing Litigation Risk for Corporate Trustees
    Corporate trustees, such as banks and other financial institutions, are often appointed to manage large trusts. They are uniquely situated to serve in these fiduciary roles as they often have corporate trust departments and trust professionals who are dedicated to and specialize in the management of trust assets. That does not, however, eliminate their litigation risk. Some may argue that it may expose them to even more litigation as they are expected to have superior knowledge of the duties and obligations to which they are bound. Please join us for this CLE program, which will provide an overview of corporate trustees’ fiduciary duties, the common challenges made by beneficiaries and others, and best practices to help corporate trustees minimize litigation risk.

    Part III — Hunting Horcruxes: Finding and Rightfully Redistributing Assets of Inheritance Theft through NY Surrogate’s Courts
    Inheritance theft, Elder Fraud, Financial Abuse: these are some of the names we now use to describe the age-old problem of family members fighting over money and valuables in deceitful ways. The problem is hardly new or unique (the Harry Potter series describes how the villain Voldemort split his soul into 7 pieces, “horcruxes”, which he then hid, to gain immortality and global domination), but the electronic age has brought many new methods of stealing into the hands of the greedy. While intentional targets can include both asset owners and alternate potential heirs, other victims can include legal and financial professionals. Due to the population bulge of the Baby Boomers (21%) and their current age (57-75), the sheer number of these cases, which like most fraud is hard to detect and correct, is increasing significantly as they age and die. As attorneys, we need to know about this to protect ourselves and our clients from being victims. We also have the ability to restore the client’s original plan of transferred ownership.
    New York has a strong distaste for this offense and is putting increasing efforts, energy, and assets into its prevention and correction. This program will focus on teaching practitioners exactly what Inheritance Theft is, including some of its tell-tale signs and methods, and what can be done to fix it from a non-criminal position.

    Program Fee:
    $149 for Members | $249 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Part 1

    Program Chair:

    Steven H. Holinstat
    Proskauer Rose LLP

    Faculty:

    Taleah E. Jennings
    Schulte Roth & Zabel LLP

    Neva D. Strom
    Law Office of Neva D. Strom


    Part 2

    Program Chair:

    Taleah E. Jennings
    Schulte Roth & Zabel LLP

    Faculty:

    Steven H. Holinstat
    Proskauer Rose LLP

    Neva D. Strom
    Law Office of Neva D. Strom


    Part 3

    Program Chair:

    Neva D. Strom
    Law Office of Neva D. Strom

    Faculty:

    Steven H. Holinstat
    Proskauer Rose LLP

    Taleah E. Jennings
    Schulte Roth & Zabel LLP

  • 3:00 pm – 3:05 pm
    Introduction
    Steven H. Holinstat

    3:05 pm – 3:40 pm
    Overview of Potential Challenges to Probate
    Taleah E. Jennings

    3:40 pm – 4:20 pm
    Estate Planning Safeguards to Prevent Invalid Execution of and/or Challenges to Wills
    Steven H. Holinstat

    4:20 pm – 4:55 pm
    Ethics of Representing Individuals Where There is a Suggestion of Diminished Capacity or Undue Influence
    Neva D. Strom

    4:55 pm – 5:00 pm
    Questions & Answers

  • 3:00 pm – 3:05 pm
    Introduction
    Taleah E. Jennings

    3:05 pm – 3:40 pm
    Obligations of a Corporate Trustee
    Neva D. Strom

    3:40 pm – 4:20 pm
    Common Challenges Facing Corporate Trustees
    Steven H. Holinstat

    4:20 pm – 4:55 pm
    Best Practices for Corporate Trustees
    Taleah E. Jennings

    4:55 pm – 5:00 pm
    Questions & Answers


  • TBD

  • Part I OnDemand

    New York: 2.0 Professional Practice
    New Jersey: 2.2 General
    California: 1.5 General
    Pennsylvania: 1.5 General
    Connecticut: Available to Licensed Attorneys

    Part II

    New York: 2.0 Professional Practice
    New Jersey: 2.2 General
    California: 1.5 General
    Pennsylvania: 1.5 General
    Connecticut: Available to Licensed Attorneys

    Part III

    New York: 2.0 Total (Breakdown TBD)
    New Jersey: TBD
    California: TBD
    Pennsylvania: TBD
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Trusts, Estates & Surrogate’s Court, Angelo Grasso, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org