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Litigating Ambiguities and Mistakes in California Wills and Trusts

Estate Planning, Trust & Probate Law Certified Legal Specialist and nationally recognized speaker Shirley Kovar from Henderson Caverly Pum & Charney LLP in San Diego discusses litigating ambiguities and mistakes in California wills and trusts. Ms. Kovar will lead you through the maze of California law in this area and make sense of many complex issues from the standpoint of the practitioner.

 

2 Hours MCLE Credit. Specialization: Estate Planning

Estate Planning, Trust & Probate Law Certified Legal Specialist and nationally recognized speaker Shirley Kovar from Henderson Caverly Pum & Charney LLP in San Diego discusses litigating ambiguities and mistakes in California wills and trusts. Ms. Kovar will lead you through the maze of California law in this area and make sense of many complex issues from the standpoint of the practitioner.

  • How to tell the difference between an "ambiguity" and a "mistake" and why it matters
  • The stunning impact of the Estate of Duke on the law of ambiguity and mistake
  • The "next case" after Estate of Duke: What Duke did not tell us
  • The trustor's intent: the cardinal rule of trust construction
  • The five places to look for the "trustor's intent"
  • Why the rules of construction are the weakest place to look for a trustor's intent
  • Why precedent is a "Black Swan" in the construction of a trust agreement or will
  • Understanding the Plain Meaning Rule and its effect on the admission of extrinsic evidence
  • Is the Plain Meaning Rule dead or alive or perhaps in "purgatory"?
  • Avoid malpractice: How a petition for construction could trigger a no contest clause
  • The importance of "thinking between the lines"—your judge will

This program assumes some experience in estate planning or estate administration

On Demand ES55112-191

Live program recorded on Oct 12, 2018. 

 

Estate Planning, Trust & Probate Law Certified Legal Specialist and nationally recognized speaker Shirley Kovar from Henderson Caverly Pum & Charney LLP in San Diego discusses litigating ambiguities and mistakes in California wills and trusts. Ms. Kovar will lead you through the maze of California law in this area and make sense of many complex issues from the standpoint of the practitioner.

  • How to tell the difference between an "ambiguity" and a "mistake" and why it matters
  • The stunning impact of the Estate of Duke on the law of ambiguity and mistake
  • The "next case" after Estate of Duke: What Duke did not tell us
  • The trustor's intent: the cardinal rule of trust construction
  • The five places to look for the "trustor's intent"
  • Why the rules of construction are the weakest place to look for a trustor's intent
  • Why precedent is a "Black Swan" in the construction of a trust agreement or will
  • Understanding the Plain Meaning Rule and its effect on the admission of extrinsic evidence
  • Is the Plain Meaning Rule dead or alive or perhaps in "purgatory"?
  • Avoid malpractice: How a petition for construction could trigger a no contest clause
  • The importance of "thinking between the lines"—your judge will

This program assumes some experience in estate planning or estate administration

SHIRLEY L. KOVAR

Shirley L. KovarShirley L. Kovar is an Estate & Trust Litigation partner with Henderson, Caverly & Pum LLP in San Diego. Ms. Kovar’s practice focuses on complex trust and estate litigation. Ms. Kovar is certified as a Specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization. She is a Fellow of the American College of Trust and Estate Counsel (“ACTEC”), where she has chaired the Transfer Tax Study Committee and is a member of the Litigation Committee. She has served as Chair of the Litigation Committee for the Executive Committee of the State Bar Trusts and Estates Section (“TEXCOM”), where she also served as the Liaison between TEXCOM and the California Law Revision Commission on no contest clause reform. She has been selected as a Southern California Super Lawyer each year from 2007 to present. Ms. Kovar has spoken and written extensively in the areas of trusts and estates disputes and federal estate tax reform, including oral and written testimony before the U.S. Senate Finance Committee on portability and federal estate tax reform. Ms. Kovar is an Academician in the International Academy of Estate and Trust Law. She received her J.D. from the University of Kansas Law School.

Products specifications
PRODUCT GROUP CLE
PRODUCT GROUP Digital
MCLE HOUR 0.5 - 2
By Month October 2018
PRACTICE AREA Estate Planning
Products specifications
PRODUCT GROUP CLE
PRODUCT GROUP Digital
MCLE HOUR 0.5 - 2
By Month October 2018
PRACTICE AREA Estate Planning