Probate Playbook for Trial Lawyers: Settlements, Strategies & Court Insights - 3 CLE - May 9

Probate Playbook

for Trial Lawyers:

Settlements, Strategies

& Court Insights

3 CLE - Friday, May 9

9:00 A.M. - 12:15 P.M.

Live In-Person__•__Live Webcast

Before the Seminar:

Coffee & Conversation with the Probate Court Judges for In-Person Participants

A unique opportunity for in-person participants and faculty to engage in casual conversation with Judge Certo (Marion County), Judge Persin (Tippecanoe County), Judge Stuard (Hendricks County) & Magistrate Glasser (Marion County)

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Topics:

Welcome & Introduction

- Hon. David J. Certo, Chair

Probate Requirements & Best Practices

- Jeffrey S. Dible & Ashley A. Butz

• Steps necessary to enforce claims against estate and non-probate assets

• Sample pleadings for opening a wrongful death estate

• Sample pleadings for seeking Court’s approval of a settlement

• When to seek approval to hire Counsel for the estate

• When to get fee contracts ratified

Comprehensive Materials for this section will include:

• Flow chart – determining need for Indiana estate administration

• Procedure flow chart for Indiana unsupervised estate administration

• Checklist of pleadings required for Indiana decedents’ estates (emphasis on Marion County)

• Flow chart for enforcing creditor claims against deceased defendants

• Petition (sample form) for appointment of special administrator for sole purpose of pursuing wrongful death claim

• Oath (sample form) of proposed special administrator for pursuit of wrongful death claim

- Consent and waiver (sample form) to be signed by person entitled to share in wrongful death damages, to consent to appointment of special administrator

- Proposed order (sample form) appointing special administrator to pursue wrongful death claim

- Petition (sample form) for approval by probate court of wrongful death settlement and for division and payout of net settlement proceeds

- Consent and waiver (sample form) to be signed by person entitled to share in wrongful death damages, to consent to probate court’s approval of settlement

- Proposed Order (sample form) for probate court’s approval of wrongful death settlement and payout of net settlement proceeds

- “Cheat sheet” containing text of RPC Rule 1.5 and citations to Indiana cases on court approval of contingent fee agreements in two settings

- Motion (sample form) for probate court’s approval of special administrator’s engagement / employment of attorney to handle wrongful death claim and to approve contingent fee arrangement

Getting Your Case Settled and Proceeds Distributed

- Lee C. Christie

Tips for Getting Your Filings Approved by the Court

- Hon. Sean M. Persin

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Faculty:

Hon. David J. Certo, Chair

Judge, Marion County Probate Court, Indianapolis

Hon. Sean M. Persin

Judge, Tippecanoe Circuit Court, Lafayette

Hon. Rhett M. Stuard

Judge, Hendricks Superior Court, Danville

Hon. Sarah J. Glasser

Magistrate, Marion Superior Court, Indianapolis

Ashley A. Butz

Frost Brown Todd LLP, Indianapolis

Lee C. Christie

Christie Farrell Lee & Bell, P.C., Indianapolis

Jeffrey S. Dible

Frost Brown Todd LLP, Indianapolis

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Live In-Person__•__Live Webcast

ICLEF • Indiana Continuing Legal Education Forum,

Indianapolis, IN • Premier Indiana CLE