If you’re like most attorneys whose practice includes probate litigation, you rarely have a chance to attend the Probate & Trust Litigation Committee meetings. Even if you can’t go to the meeting, you may want to take a look at the committee-meeting materials (which I’ve posted here and here). The committee is involved in several initiatives (all of which are discussed in the posted materials) that could have a big impact on your practice, including:

  • Contestability of Revocable Trusts.
  • Fiduciary Lawyer-Client Privilege.
  • Use of trust assets to pay attorneys’ fees of the trustee in litigation against a beneficiary.
  • Enforcing arbitration clauses in Wills and Trusts.
  • Appealing Orders entered in a Probate Proceeding.
  • Collateral Attack on the Validity of Marriage after Death Based Upon Undue Influence.
  • Enforceability of Exculpatory Clauses in Wills.