BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month December 3, 2025 @ 1:00 PM E.T.
  • signal_cellular_alt Intermediate
  • card_travel Family Law
  • schedule 90 minutes

Proving or Defending Incapacity and Undue Influence in Litigation: Evidence, Experts, Remedies

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MSRP
$297.00
$252.45
Save $44.55

Discount expires 10/28/25

This course is $0 with these passes:

CLE
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Description

The faculty will distinguish capacity from undue influence, explain when to plead both, and align fact development with widely used factors (e.g., vulnerability, influencer's role/authority, tactics such as isolation or haste, and inequitable result). The experts will cover how the attorney-drafter's file, treating-provider records, and financial institution documentation can guide discovery and motion practice in elder exploitation fact patterns.

Finally, the panel will address using experts and pursuing remedies. How to select and scope forensic psychiatry and/or neuropsychology testimony, integrating clinical capacity findings with circumstantial influence evidence, and pursuing TROs, constructive trust, and account freezes while positioning for settlement or trial.

Listen as our panel explores current thinking and tactics for litigating capacity and undue influence in elder exploitation disputes. The speakers will examine burdens and presumptions, factor-driven proof development, strategic use of expert testimony, and targeted remedies that can shape outcomes in contested will and trust matters.

Presented By

Paul R. Shugar
Shareholder and Co-Chair of the Estates, Trusts, and Probate Litigation Practice Group
Reminger

Mr. Shugar is 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, he employs the writing and investigation skills he developed as a reporter to maximize results in litigation. Mr. Shugar 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.

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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, December 3, 2025

  • schedule

    1:00 PM E.T.

I. Introduction

II. Capacity vs. undue influence: pleadings and proof

A. Elements and when to plead either or both theories

B. Factors: vulnerability, apparent authority, tactics, result

III. Burdens, presumptions, and evidence

IV. Building the record: discovery and third-party sources

A. Attorney-drafter files

B. Caregiver and family communications

C. Facility notes, bank/broker data

D. Subpoenas, privacy constraints, and protective-order considerations

V. Experts and forensics

A. When to retain forensic psychiatry/neuropsychology expertise

B. Scoping, timing, and Daubert/Rule 702 awareness

VI. Remedies and early protective actions

A. TROs, constructive trust, account freezes

VII. Practitioner takeaways

The panel will review these and other key issues:

  • Distinguishing capacity and undue influence
  • Selecting fact-appropriate pleadings and proofs
  • Building an effective record using the attorney-drafter's file, clinical materials, and financial institution data trails
  • Retaining and managing forensic experts
  • Pursuing timely remedies (TROs, constructive trust, freezes) aligned with overall litigation strategy