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Duress & Undue Influence in Estate & Trust Planning (Teleseminar)
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Duress & Undue Influence in Estate & Trust Planning (Teleseminar)

1 CLE hour

2/19/2015
When: 02/19/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781


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One-hour CLE programs are just a phone call away
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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
Duress & Undue Influence in Estate & Trust Planning - 1 CLE hour

As the population ages and more elderly seek estate and trust planning advice and services, lawyers are left in the uncomfortable position of having to detect the role of undue influence in the decision-making of these clients.  It’s not an easy task.  There is a subtle relationship between diminished mental capacity, in its various forms, the physical condition of the client, and the presence and actual exercise of undue influence.  Psychological and other “tells” not immediately familiar to lawyers nonetheless can have a determinative effect on the representation. Estate and trust plans can be invalidated on finding the exercise of undue influence or coercion.  There are also practical steps a lawyer must take when duress or undue influence are detected.  This program will provide you with a real world guide to detecting undue influence in estate and trust planning and curbing its damage to preserve a client’s true plans.

Identifying the presence duress and undue influence in estate/trust planning
Practical risks to estate/trust plans – and liability – on finding duress or undue influence
Factors in determining undue influence, including isolation from natural objects of affection and attachment 
Role of caregiver in decisions in the representation – client or caregiver’s will? 
Mental and physical condition of the client and how it impacts independent decision-making 
Issues when the person exercising undue influence is a family member v. non-family member
Detecting the presence of undue influence – practical questions and detecting red flags

Speakers:

Steven B. Malech
is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

Michael L. Kenny, Jr. is an attorney in the New York City office of Wiggin and Dana, LLP, where he has an extensive litigation practice with an emphasis on fiduciary litigation.  He has substantial experience both challenging and defending client wills.  Mr. Kenny earned his B.A. at the College of Holy Cross and his J.D. from Fordham University School of Law.
 

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