SETTLEMENT AGREEMENTS IN ESTATE & PROBATE DISPUTES

Transcription

1 SETTLEMENT AGREEMENTS IN ESTATE & PROBATE DISPUTES First Run Broadcast: November 12, 2015 Live Replay: July 6, :00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T. (60 minutes) Money and high emotion often mix in probate and fiduciary litigation. The dispute may involve trustees and beneficiaries in a dispute over distributions or the depletion of assets; or it may involve members of a family in a conflict over the terms of a will or the apportionment of a family business; or many other forms of disputes. Whether or not these disputes have reached formal litigation, they can be costly and debilitate the assets of a trust or estate, or damage a family business. Settling these disputes is a complex mix of the practical draining emotion from the conflict and focusing on what s possible and the substantive drafting an array of releases and waivers once an agreement is made, and ensuring finality. There are also the limits imposed by the terms of a trust or will, and the limits of a court s equity powers. This program will provide you with a real world guide to negotiating and drafting settlement agreements in estate and trust disputes. Drafting settlement agreements in estate and trust disputes and traps that lead to subsequent disputes and litigation Review of major provisions in settlement agreements release, conflicts, finality, financial, tax, non-disparagement/disclosure Trust terminations and trust modifications by judicial order as a form of settlement Resolving potential conflicts between a trust document and the settlement wishes of the litigants Settlements involving trust terminations, trust document modifications, or alterations to trust operations Waivers of a right to a trial probate or fiduciary litigation Undoing settlement agreements that clients later regret Speakers: 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.

2 VT Bar Association Continuing Legal Education Registration Form Please complete all of the requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT Fax: (802) PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name Middle Initial Last Name Firm/Organization Address City State ZIP Code Phone # Fax # Address Settlement Agreements in Estate & Probate Disputes Teleseminar July 6, :00PM 2:00PM 1.0 MCLE GENERAL CREDITS VBA Members $75 Non-VBA Members $115 NO REFUNDS AFTER June 29, 2016 PAYMENT METHOD: Check enclosed (made payable to Vermont Bar Association) Amount: Credit Card (American Express, Discover, Visa or Mastercard) Credit Card # Exp. Date Cardholder:

3 Vermont Bar Association CERTIFICATE OF ATTENDANCE Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: July 6, 2016 Seminar Title: Location: Credits: Program Minutes: Settlement Agreements in Estate & Probate Disputes Teleseminar - LIVE 1.0 MCLE General Credit 60 General Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.

4 PROFESSIONAL EDUCATION BROADCAST NETWORK Speaker Contact Information SETTLEMENT AGREEMENTS IN ESTATE & PROBATE DISPUTES Steven B. Malech Wiggin and Dana LLP New York City (o) (212) Matthew Brown Wiggin and Dana LLP New Haven, Connecticut (o)

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