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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Tuesday, November 9, 2021

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$197.00
CLE
ALL

This CLE webinar will prepare family law and fiduciary litigation practitioners to handle undue influence and financial exploitation claims involving individuals who have entered or are being enticed into late-in-life romantic relationships or marriages, often brought by adult children of a prior marriage. The faculty will instruct registrants about fact patterns common to financial exploitation and undue influence claims, illustrate how to recognize financial exploitation in these relationships, how to protect family wealth and assets from potential dissipation or diversion due to interference, how to terminate exploitative situations, and best strategies and practices for uncovering the extent of and undoing any financial damage.

Faculty

Lisa M. Cukier
Partner
Burns & Levinson LLP

Ms. Cukier concentrates her practice on all aspects of estate and trust litigation, fiduciary litigation, probate law, child custody, parentage issues and divorce, planning and litigation for blended families, adoption, guardianship and conservatorship, and elder financial exploitation.

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Norma C. Izzo
Partner
Spencer Fane LLP

Ms. Izzo concentrates her practice in the area of family law and domestic relations matters, including complex litigation and asset division, business dissolution, collaborative divorce, mediation, arbitration, parent coordination, child custody and child support, and spousal maintenance. She also has experience in family court matters that span multiple states and internationally.

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Description

Late-in-life romantic partners and spouses present complicated legal and financial issues. Marital law confers property rights, imposes support obligations, impacts inheritance laws, reallocates statutory descent and distribution law, and shifts the anticipated disposition of family wealth, often up-ending long held expectations for wealth succession and transfer.

Claims made between a new spouse, on the one hand, and the adult children of a prior marriage of one of the spouses, on the other hand, and vice versa, lead to labyrinthine disputes. Counsel for the subsequent spouse, romantic partner, adult children of prior marriages, and counsel for the person who is the subject of the proceedings must understand and appreciate the interconnectedness of multiple statutory schemes concerning a large number of areas, including marriage and divorce, estate planning tools such as DPOA, HCPs, wills and trusts, and elder financial exploitation.

Counsel must be agile with the interplay, overlaps, and gaps in this multidisciplinary panoply of statutory and case law and equity litigation remedies to develop compelling themes and theories as well as impactful strategies for intervention and case success.

Listen as this experienced panel of family law and fiduciary law attorneys discusses how attorneys address financial exploitation claims and related blended family controversies from all sides of the allegations.

Outline

  1. Wealth protection
    1. Recognizing exploitation by romantic partners and others
    2. Statutory schemes
    3. Stopping exploitation
  2. Wealth preservation
    1. Effectiveness of pre-relationship financial planning
    2. How to prevent dissipation
  3. Wealth recovery
    1. Options for recovering assets
    2. Evidentiary requirements and proof
  4. Restitution

Benefits

The panel will cover pivotal issues, such as:

  • Who trumps whom as between various fiduciary nominations and appointments?
  • How can any transferred or dissipated assets be located and recovered?
  • What options are available both before and after the death of the elder?
  • What are the impact and availability of divorce and annulment?
  • Must the state intervene or do private parties have rights of action?