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Product ID: 403986EAU
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Estate Planning: Anticipating and Preparing for Estate Litigation

OnDemand Webinar (88 minutes)

Learn the key steps on how to implement proactive processes to diminish or eliminate litigation.Estate planners generally focus on preparing estate planning documents that are predominantly geared towards accomplishing a clients' estate planning objectives in a tax efficient manner. With the increase in estate litigation, planners also need to take steps to ferret out the potential for estate-related litigation both before and after the client's death from a variety of different sources (e.g., disinherited family members and charities) and implement precautionary measures to reduce or eliminate the likelihood of litigation, and, if unavoidable, take steps to ensure that such litigation can be readily defeated with a minimum of cost and delay. This material will provide suggestions on how to protect your client's estate plan from attack.


Steven H. Holinstat, Proskauer Rose LLP Henry J. Leibowitz, Proskauer Rose LLP


Goals of Estate Planning

• Provide for Future Generations

• Protection of Beneficiaries

• Tax Motivations

Potential Objections

• Lack of Due Execution/Forgery

• Lack of Testamentary Capacity

• Undue Influence

• Duress/Fraud

Estate Planning Safeguards

• Client Meetings

• Use of Revocable Trusts and Joint Tenancies

• Inclusion of in Terrorem Clauses, If Applicable

• Due Diligence on Sources of Potential Attacks on Estate Plan

• Creation of Memoranda to Document Purpose of Transactions in Estate Plan, Lack of Undue Influence, Lack of Fraud and Duress and Existence of Testamentary Capacity

• Consult With and Obtain Affidavits From Treating Physicians

• Obtain Mental/Medical Exams in Connection With Execution of Estate Documents

• Consult With and Obtain Affidavits From Family Members, Friends and Colleagues to Support the Voluntary and Knowing Nature of the Testamentary Scheme

• Videotape Execution Ceremony

• Preparation of Detailed Attorney Memos Describing Execution Ceremony

• Affidavits of Attesting Witnesses

• Pre-Mortem Probate

Additional Formats

Audio & Reference ManualMore Info