Dissecting an Undue Influence Claim: From Intake to Appeal
As a shareholder and Co-Chair of Reminger's Estates, Trusts, and Probate Litigation Practice Group, Paul has statewide experience involving an array of million-dollar estate, trust, and guardianship issues such as undue influence, power of attorney abuse, and financial exploitation. An award-winning journalist who worked at daily newspapers around the country before becoming a lawyer, Paul employs the writing and investigation skills he developed as a reporter to maximize results in litigation.
1.5 hour CLE
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Program Summary
Undue influence claims are unique and often misunderstood as defendants and their counsel underestimate the plaintiffs’ abilities to prove these allegations and the costs involved with simply defending these factually intensive cases. Having litigated hundreds of undue influence claims on behalf of plaintiffs and defendants, the presenter will help practitioners understand how to take these cases from initial intake to appeal. This presentation will explain the essential elements of an undue influence claim, address discovery issues such as medical/financial records and the estate planning attorney’s file and discuss strategies for depositions and expert witnesses. As many of these cases settle at mediation, this process will be looked at as well along with strategies for trial.
Key topics to be discussed:
- Understanding undue influence claims
- Litigation strategies and evidence
- Resolution and trial considerations
Closed-captioning available
Speakers
Paul R. Shugar | Reminger Co. LPA
As a shareholder and Co-Chair of Reminger’s Estates, Trusts, and Probate Litigation Practice Group, Paul has statewide experience involving an array of million-dollar estate, trust, and guardianship issues such as undue influence, power of attorney abuse, and financial exploitation. An award-winning journalist who worked at daily newspapers around the country before becoming a lawyer, Paul employs the writing and investigation skills he developed as a reporter to maximize results in litigation. Whether you are ready to plan your estate, need questions answered after a family member dies, or believe litigation is necessary to challenge wills, beneficiary designations, or other bad acts, Paul has guided clients through post-death land, corporate, divorce, and oil-and-gas lease disputes.
Paul regularly lectures on estate and trust administration and litigation topics across the state of Ohio. He is an officer for the Cleveland Metropolitan Bar Association’s Estate Planning, Probate & Trust Law Section and a member of the Ohio State Bar Association Probate Trust and Estate Section Council.
Agenda
I. Understanding undue influence claims | 1:00pm – 1:30pm
- Key elements of an undue influence claim, common misconceptions, and challenges in proving or defending these cases
II. Litigation strategies and evidence | 1:30pm – 2:00pm
- Managing discovery, including medical and financial records, estate planning files, and utilizing depositions and expert witnesses effectively
Break | 2:00pm – 2:10pm
III. Resolution and trial considerations | 2:10pm – 2:40pm
- Approaches for mediation, settlement strategies, and trial techniques for undue influence cases
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