• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Family Law
  • schedule 90 minutes

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

About the Course

Introduction

This CLE webinar will provide probate litigators and trusts and estates counsel insight to prove or defeat undue influence and navigate the current surge in will and trust contests. The expert panel will discuss how burdens, presumptions, and evidentiary building blocks translate to courtroom results.

Description

The faculty will explain undue influence, the dangers of no-contest provisions, and how to help clients evaluate such a claim economically. The experts will cover how to obtain the estate planning file, evaluate medical/financial records with the assistance of expert witnesses, proceed through discovery, prepare for mediation, and go to trial if mediation is unsuccessful.

Listen as our panel explores current thinking and tactics for litigating undue influence in elder exploitation disputes.

Presented By

Michael Brody
Attorney
Reminger Co., LPA
Brittany Kaczmarczyk
Attorney
Reminger Co., LPA
Paul R. Shugar
Shareholder and Co-Chair of the Estates, Trusts, and Probate Litigation Practice Group
Reminger Co., LPA
Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Friday, February 6, 2026

  • schedule

    1:00 PM E.T.

I. Introduction

II. Undue influence: pleadings and proof

III. Burdens, presumptions, and evidence

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

V. Experts and forensics

VI. Remedies and early protective actions

VII. Practitioner takeaways

VIII. conclusion with Q&A

The panel will review these and other key issues:

  • Distinguishing undue influence
  • Selecting fact-appropriate pleadings and proofs
  • Building an effective record using the estate planning file, clinical materials, and financial institution data trails
  • Retaining and managing forensic experts
  • Pursuing timely remedies aligned with overall litigation strategy