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Live Webcast/Rebroadcast – You watch the course online at the specified date and time shown below. You can ask questions and receive answers during the course.
On-Demand – You watch the course anytime and will have access to the course 24/7. Our On-Demand courses are available within 5-10 business days after the original recording and accessible for one year.

Course Description

1st Hour:

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.

2nd Hour:

This program was recorded on January 29, 2021

The aging boomer population means that an estimated $59 trillion of wealth will be passed down to millennial children and heirs. This unprecedented event has been dubbed “the Great Wealth Transfer,” and by the year 2061, it is estimated that $59 trillion will be passed down from boomers to their beneficiaries. This has led to an explosion in trust and estate litigation. Learn the basics of Probate litigation.

Speaker Bio
2 General Credits
Course Agenda

Attorney Benjamin FoxBenjamin 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.

Contact Benjamin D. Fox

Amy HarringtonAmy Harrington
Amy Harrington is the lead attorney of a boutique law firm focused on probate and family law matters. She regularly handles trust and probate litigation (including elder abuse), conservatorships, estate planning, trust and probate administration services. Ms. Harrington is a California Probate Referee for San Francisco County and an editor of the CEB California Conservatorship Practice Guide. She frequently gives talks on probate topics and has been a lecturer for NBI, IPE, San Francisco Bar Association, California Probate Referee Association, Professional Fiduciary Association of California, the AIDS Legal Referral Panel and the California Pacific Medical Center. Ms. Harrington graduated from the University of California, Davis with a B.A. degree in political science and sociology and received her J.D. degree from University of California, Hastings College of the Law.

Contact Amy Harrington

2 General Credits

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ProLawCLE does not seek approval in the state of Virginia.

Each state has its own governing rules and regulations with regards to CLE courses and formats, therefore please contact your state MCLE regulatory entity for further details about your state's rules. Please visit our State Requirements page for information regarding your state's CLE requirements and/or contact information for your state bar.

As stated in our Reciprocity Provision, ProLawCLE will grant credit in the following states through reciprocity, therefore direct application will not be made in these states:


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ProLawCLE is dedicated to providing quality education from expert speakers and ensuring each attorney receives CLE credit for their participation. If for some reason a particular course does not receive approval in the attorney's primary state of licensure, ProLawCLE will give credit for a future approved course or give a full refund, if applicable.

Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.

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Course Agenda

1st Hour:

  1. Pre-litigation efforts available to probate practitioners to attempt to resolve matters before racing to court
  2. The general rules of procedure for probate litigation
  3. Trust Contests and Will Disputes: Venue, Standing, Grounds for Contest, who can fund the litigation
  4. Breach of Fiduciary Duty: Venue, Grounds for Petition, Standing
  5. Undue Influence: elements and presumptions
  6. Financial Elder Abuse in the context of changes to an estate plan
  7. Attorney fee shifting: both mandatory and discretionary

2nd Hour:

  1. Ethical Considerations
  2. Rules of Civil Procedure in Probate Litigation
  3. Will and Trust Contests
  4. Remedies
Monday: 9am - 6pm ET
Tuesday: 9am - 6pm ET
Wednesday: 9am - 6pm ET
Thursday: 9am - 6pm ET
Friday: 9am - 4pm ET
Saturday/Sunday: Email Only
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