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.
PROFESSIONAL FIDUCIARY ASSOCIATION OF CALIFORNIA
Education, Advocacy and Advancement for Professional Fiduciaries
Examining The Role Of A Professional Fiduciary In Challenges To Mom And Dad’s Wishes Before They Die
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About the Course
Member Price: $50.00
Non-Member Price: $70.00
CE / MCLE Awarded:
1.0
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 an attorney in the Private Wealth Services Group and focuses on complex trust and estate litigation, trust and estate administration as well as conservatorship and guardianship matters for individuals, families and charities.
In addition to representing trustees, executors and beneficiaries in administration matters, Mr. Barton also handles breach of fiduciary duty and elder abuse matters, will and trust disputes, and contested conservatorships and guardianships in federal, state, and tribal courts throughout the country.
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.