Litigation

This year’s Institute includes a series of programs on Litigation. This series examines recent cases involving fiduciaries, the ethical issues involved in negotiations, and planning to avoid post-death administrative problems. The series also offers a look at the unique issues involved in celebrity estates, and the lessons to be learned from a historical will contest

Tuesday, January 23, 2018 (2:00 – 2:50 p.m.)
Estate Planning in Anticipation of a Contest or a Difficult Beneficiary
S. Andrew Pharies

This session will focus on practical issues in structuring an estate plan to withstand a potential contest or a beneficiary likely to disrupt the post-death administration. It will focus on enhancing the enforceability of no contest clauses as well as structuring an estate plan to mitigate fiduciary risk.

Tuesday, January 23, 2018 (4:45 – 5:35 p.m.)
The 1846 Last Will of John Sutton – What’s Not So New in Will Drafting and Contests
Terrence M. Franklin

Will drafting, the role of the attorney as counselor and witness, and pleading and the presentation of facts in a will contest trial will be addressed on the eve of the anniversary of the signing of the last will and testament of the speaker’s ancestor, a Florida slave owner whose will emancipated the mother of his children and their offspring.

Wednesday, January 24, 2018 – Special Session I-D (2:00 – 3:30 p.m.)
Review of the Past Year’s Significant, Curious, or Downright Fascinating Fiduciary Cases (at least it seems to me)
Dana G. Fitzsimons, Jr.

This session will review recent cases from across the country to assist fiduciaries and their advisors in identifying and managing contemporary challenges.
Wednesday, January 24, 2018 – Special Session II-E (3:50 – 5:20 p.m.)
Wednesday, January 24, 2018 - Special Session II-E  (3:50 - 5:20p.m.)
Case Studies in Preventing Post-Death Administrative Nightmares
S. Andrew Pharies, David A. Baker, Jo Ann Engelhardt

This panel discussion will examine real and hypothetical cases that resulted in post-death administrative nightmares and attempt to reverse engineer those cases to determine what, if any, preventative measures could have been taken at the estate planning stage.

Wednesday, January 24, 2018 – Special Session II-F (3:50 – 5:20 p.m.)
Dying for Fame in the Age of Celebrity: From Neverland Ranch to Paisley Park
Linda J. Wank, Edward H. Rosenthal, David Sleeman

Using the Estates of Michael Jackson and Prince as case studies, this panel will explore the unique, hot-button issues confronting fiduciaries and heirs of celebrity estates.

Thursday, January 25, 2018 – Special Session III-B (2:00 – 3:30 p.m.)
Trust Asset Protection Through a Tri-Focal Lens
Daniel S. Rubin, Terrence M. Franklin, Michael M. Gordon

This program will address the asset protection afforded beneficiaries through trusts from the unique and sometimes conflicting perspectives of (i) the drafting attorney, (ii) the trustees and other fiduciaries administering the trust, and (iii) those creditors seeking to reach the trust assets.

Thursday, January 25, 2018 – Special Session IV-E (3:50 – 5:20 p.m.)
Ethics and Negotiations
Steven K. Mignogna, Jo Ann Engelhardt, Terrence M. Franklin, Richard W. Nenno, Robert D. Steele, Matthew H. Triggs

Ethical challenges arise in any negotiation, especially when intertwined with thorny trust and estate issues. The panel will address the ethical and strategic implications in negotiating with counsel, clients, and advisors. This program will include a mock mediation in which the participants grapple with common yet intriguing – and even entertaining – problems.