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2015 Fiduciary Litigation Update (Teleseminar)
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2015 Fiduciary Litigation Update (Teleseminar)

1 CLE hour

When: 05/04/2015
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
Convenient, affordable, timely and informative
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.

2015 Fiduciary Litigation Update - 1 CLE hour

Claims challenging estate and trust plans continue to rise in number and change in theory.  There is a steep rise in clams based on the quasi-tort theory of interference with an inheritance expectancy.  There is also an emerging theory claiming that lifetime gifts or the establishment of an inter vivos trust which avoids any assets passing through probate is a form of fraud and thus a fiduciary breach.  These new claims join continuing developments in challenges to the distribution practices of trustees, properly managing the diversification of concentrated positions in a volatile market, and the exercise of undue influence on elderly benefactors.  This program will provide you with a practical guide to recent developments and trends in fiduciary litigation. 

Review of significant case law developments and trends in fiduciary litigation 
Trends in tort-like claims, including interference with an inheritance expectancy 
Lifetime gifting and the avoidance of probate as a form of fraud claim 
Failure to diversify and properly manage continuing market volatility 
Claims based on breach of distribution polices or abuse of discretionary distributions
Trends in the assertion undue influence and the presence of duress
Trends in defending fiduciary claims, including waivers 


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.

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