IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.
Tuesday, March 29, 2022
8:50 AM - 4:25 PM | Check-In: 8:20 AM
LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.
Probate and trust disputes can present a myriad of issues, including fiduciary problems, family dynamics, creditor issues and unclear estate plans just to name a few. Because these cases present unique concerns and issues, attorneys need to know how to effectively prevent fights, settle them efficiently or move a case through court when litigation is unavoidable. This course is specifically designed for civil litigators, estate planning attorneys and practiced probate litigators. Join our esteemed faculty as they provide you with practical instruction and tips for handling common probate and trust controversies. Don’t miss this opportunity to build your technical skills and develop better tools and approaches for emotional and contentious litigation.
Join Our Expert Faculty as They Discuss:
8:20 – 8:50 a.m.
JOIN ONLINE
8:50 – 9:00 a.m.
Welcome and Introduction
– Kirstin E. Helmers & Denise S. Rahne, Course Co-Chairs
9:00 – 9:45 a.m.
Navigating Unique Evidentiary Issues in Probate and Trust Litigation
The outcome of probate litigation typically hinges on the testator’s intent, but how do you prove the testator’s intent when they are unable to testify? This session will take a look at the unique evidentiary issues that can arise in probate and trust litigation. Topics will include admitting estate planning files, videotaped wills, social media posts and more! Learn when these forms of evidence are admissible and when they are not. Also, learn best practices and tips for getting various forms of evidence admitted at trial.
– Nathaniel J. Ajouri & Julian C. Zebot
9:45 – 9:50 a.m.
BREAK
9:50 – 10:35 a.m.
Perfecting the Art of Zoom Litigation
Because of its convenience and access, litigating by Zoom is most likely here to stay, at least in some form. However, litigating on Zoom is different than in person. Learn practical tips and best practices to become more comfortable and familiar with the process and to ensure that your next initial hearing, deposition, motion hearing, mediation, or trial is productive and effective.
– Adine S. Momoh
10:35 – 10:45 a.m.
BREAK
10:45 a.m. – 12:00 p.m.
Effectively Using Expert Witnesses to Support Your Case
Experts serve an important role in assisting the attorney in moving their client’s case forward. Their testimony is often crucial to the outcome of a trial. In this session, a panel of litigators and experts will explore the who, what, where, when, why and how of expert testimony in contested probate and trust cases. Learn the most important aspects of an expert witness's effectiveness and credibility, and how to support these factors at each stage of the litigation process.
– Lisa M. Hanson, Erica J. Lindquist & Dr. William B. Orr
– Elizabeth C. (Lisa) Henry & B. Steven Messick (co-moderators)
12:00 – 12:30 p.m.
LUNCH BREAK
12:30 – 1:00 p.m.
Effective Direct and Redirect Examination – Telling the Witness’s Story by Asking Purposeful Questions
Litigators help clients tell their own story through direct and redirect examination of friendly witnesses. In this session, we will discuss strategies for conducting an effective direct and redirect exam in probate and trust disputes.
– Brian A. Dillon & Kim M. Ruckdaschel-Haley
– Denise S. Rahne (moderator)
1:00 – 1:05 p.m.
BREAK
1:05 – 1:35 p.m.
Effective Cross-Examination – Strategies for Honing this Vital Skill
No courtroom skill is more fundamental to a litigator's practice than cross-examination. Effective cross-examination begins with a strong foundation of core skills but can take on many forms depending on the witness being examined. Learn from our panel of experienced litigators the basis for determining which witnesses to cross-examine, and the strategies they use to design and prepare for a compelling and effective cross.
– Anton Cheskis & Philip R. Schenkenberg
– Denise S. Rahne (moderator)
1:35 – 1:40 p.m.
BREAK
1:40 – 2:25 p.m.
Damages, Damages, Damages – Understanding the Possible Outcomes in Probate Litigation
Prior to commencing litigation, it’s important to know what damages and remedies are available to your client. This session will explore the damages that are possible through probate litigation. Learn when surcharges, attorneys’ fees, and other remedies are available.
– Casey D. Marshall & Teresa B. Molinaro
2:25 – 2:35 p.m.
BREAK
2:35 – 3:20 p.m.
Litigating Guardianships and Conservatorships
This session will explore the unique aspects of litigating guardianship and conservatorship cases. Specifically, you will learn strategies and best practices for handling testimony from persons with diminished capacity as well as other unique evidentiary issues that may arise in this context. Also, this session will address the role of the court-appointed attorney and tips for working with counsel to achieve the best possible outcome for your clients.
– Megan C. Kelly, Kimberly A. Prchal & Sarah B. Sicheneder
3:20 – 3:25 p.m.
BREAK
3:25 – 4:25 p.m.
Ethical Conflicts You Might Not Consider in Probate and Trust Litigation
1.0 ethics credit applied for
Probate and trust litigation can present a myriad of ethical traps for the unwary. This session will explore the various ethical conflicts that may arise and will provide tips for navigating these difficult situations. Topics include:
– Karin K. Ciano
LIVE SIMULCAST
Tuesday, March 29, 2022
Attend online
$245 MSBA members / $245 paralegals / $295 standard rate
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.25 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 6.25 credits.
