About the Course

When financial and healthcare decisions lead to conflict between and among elderly parents and their children, the decision to initiate ligation is often fraught with risk. Fractured families, costly attorneys’ fees, ethical considerations and the potential for a disinherited litigant must be weighed against the potential benefits of initiating litigation during a parent’s lifetime, particularly in elder abuse situations, where the capacity of an aging parent is in question, or where post-death litigation is inevitable. This session will examine common scenarios triggering pre-death litigation, the propriety of doing so, risks and benefits of initiating a pre-death contest, and the role of the professional fiduciary in such litigation.
Member Price: $50.00
Non-Member Price: $70.00
CE / MCLE Awarded:
Presented Date: May 3, 2019

Vivian Lee Thoreen is the executive partner of Holland & Knight’s Los Angeles office and chairs the firm’s national Private Wealth Services Dispute Resolution Team. She is a litigator and experienced trial attorney whose practice – both in Superior Court and in the California Courts of Appeal – focuses on complex trust, estate, conservatorship and guardianship matters. She represents individuals, families, charities and financial institutions in cases including will and trust disputes, contested conservatorships and guardianships, breach of fiduciary duty matters, and elder abuse matters. Ms. Thoreen’s experience includes some of the most sensitive and high-profile cases in her field. Whether the matters can be resolved by mediation or require trial, Ms. Thoreen’s clients benefit from her deep personal commitment and nuanced grasp of law and often byzantine facts.

Robert Barton is a partner in Holland & Knight’s Private Wealth Services Group. He represents individuals, families, charitable institutions, corporate trustees and private professional fiduciaries in litigation involving complex trusts and estates. He also provides guidance on trust and estate administration, conservatorship and guardianship matters, as well as claims involving elder abuse.

Mr. Barton has a national practice and has been tapped to represent clients in some of the most high-profile and complex trust and estate disputes pending in federal, state and tribal courts throughout the country. While these disputes range in complexity and value, sometimes exceeding billions of dollars, Mr. Barton takes pride in working with his clients to find creative and effective solutions that protect and advance their interests. Where informal resolution is not a possibility, Mr. Barton has quickly gained a reputation as a zealous advocate for his clients’ interests.

Both clients and the leading industry publications have taken note of Mr. Barton’s work and results. Mr. Barton was named a top adviser by the Chambers High Net Worth guide for California Private Wealth Disputes, one of California’s top lawyers under 40 by the Daily Journal and as a Rising Star by the Southern California Super Lawyers magazine.

The Honorable Judge David J. Cowan is Supervising Judge of the Probate and Mental Health Depts. of the Los Angeles County Superior Court. In that capacity, he oversees sixteen courtrooms and works with the other judges, Court management and justice partners on the operations of the Court for these disciplines. He serves on the Court’s Operations and Executive Committees. Since March 2018, he has been sitting in Dept. 3 of the Mosk Courthouse – focused solely on long or complex Probate trials and settlement conferences. Previously, he spent five years handling a Probate calendar and trial assignment; managing and deciding decedent estates, trusts, guardianships and conservatorship cases.