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  • videocam On-Demand
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

Personal Injury and Probate: Death of a Party or Witness, Settlement With Minors, Hearsay Challenges, Tax Exigencies

$197.00

This course is $0 with these passes:

CLE
ALL
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Description

Personal injury attorneys can encounter probate issues at any point in a case through the death of a client, death of an individual defendant, death of a material witness with unique testimony, settling claims involving minors, or concerning estate tax issues. Personal injury lawyers need to appreciate the differences between survival actions and wrongful death claims and the role of the probate court in each. Counsel must also anticipate dealing with different sets of interested parties and beneficiaries.

Sometimes the testimony of a decedent who is a party is critical to liability or even damages. Statements made to third parties by a speaker who does not recover do not always fit neatly into an exception to the hearsay rule. The circuit courts are split regarding whether statements of the deceased are admissible against the deceased's estate.

Listen as the experienced panel of probate attorneys and personal injury attorneys discusses probate issues in personal injury matters.

Presented By

Valerie Edwards
Partner
Antonoplos & Associates

Ms. Edwards handles cases in real estate, estates & trusts, and contract law. Her specialties include complex estate litigation, commercial leasing and acquisition, commercial and partnership disputes, and real estate disputes. Ms. Edwards' practice includes litigation in local and federal courts and appellate work. Her clients include individuals, foreign governments, companies and corporations, national banks, and developers.

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Emily Smith
Attorney
The Johnson Firm

Ms. Smith is an attorney licensed in Texas and California who joined the firm in August of 2016. The majority of her work is with the firm’s probate practice, with a particular focus on estates with personal injury claims. Ms. Smith guides her clients in navigating the special requirements which must be met during the probate process in order to help bring the estate’s personal injury claim to a successful conclusion.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, September 29, 2021

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Overview of probate
  2. Death of plaintiff, pre-suit and post-suit
  3. Death of defendant, pre-suit and post-suit
  4. Admitting the testimony of decedents through FRE 801
  5. Future income and estate tax issues

The panel will review these and other significant issues:

  • When a client dies, what are the attorneys' ethical obligations, who is the client, and is probate required?
  • If the individual defendant dies, what can and should the plaintiff do?
  • When is court approval required for a settlement involving a minor?
  • Is a witness' statement about what the decedent supposedly said a classic case of hearsay?
  • Are the decedent's statements admissible against the estate?
  • Are attorney's communications with the decedent protected by the attorney-client privilege?