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This program was recorded on June 19, 2020
Probate litigation is a nuanced hybrid of civil litigation in the confines of probate procedure. Many civil litigators can spend a career without stepping inside a probate department. Conversely, many probate attorneys have focused their careers on the non-dispute administration of estates and trusts. This leaves a small cross section of attorneys who conduct civil litigation in the probate department. This course will cover the basics of probate litigation as well as some of the most common forms of probate litigation, such as trust contests, breach of trust, breach of fiduciary duty, and will disputes.
Benjamin D. Fox
Ben makes a habit of achieving excellent results for his clients. As an attorney in Huber Law Group’s trust and estate litigation team, Ben uses his prior experience in civil litigation and with the Sacramento County District Attorney’s office to fully analyze his cases before taking them to trial. While attacking the factual elements of each case, Ben also enjoys using his technical legal experience from his time with the California Attorney General’s Office and the U.C. Davis California Supreme Court Clinic where he drafted briefs for cases pending before the State’s highest court. Ben also draws from his knowledge of internal court workings from his time as a judicial research clerk in the Superior Court of Santa Cruz County.
1 General Credit
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- Pre-litigation efforts available to probate practitioners to attempt to resolve matters before racing to court
- The general rules of procedure for probate litigation
- Trust Contests and Will Disputes: Venue, Standing, Grounds for Contest, who can fund the litigation
- Breach of Fiduciary Duty: Venue, Grounds for Petition, Standing
- Undue Influence: elements and presumptions
- Financial Elder Abuse in the context of changes to an estate plan
- Attorney fee shifting: both mandatory and discretionary