Nonstandard language in estate planning documents can create unforeseen risks for successor trustees, conservators, and agents under powers of attorney. For example, what should a successor trustee do when a trust dispute arises and the trust has an arbitration clause? It is a detriment to the trust to spend money on an arbitrator, and arbitration may not provide the same protection for beneficiaries as the probate court would. In this presentation, probate litigators Kimberley Deede, David Greco, and Gian Ducic-Montoya will discuss these nonstandard provisions and what fiduciaries can do to protect themselves and the beneficiaries.
E5 – Hidden Dangers in Estate Planning Documents – And How To Navigate Them
Speakers
Gian Ducic-Montoya
Chhokar Law Group, P.C.
David Greco
Chhokar Law Group, P.C.
David Greco is a partner with Chhokar Law Group’s litigation group. He represents private fiduciaries, beneficiaries, conservators, conservetees, financial institutions, charities, and other interested parties in all facets of probate litigation through trial and appeal. David’s work has resulted in successful trial verdicts and published appellate opinions benefiting his clients in trust & estate disputes. Before joining Chhokar Law Group, David opened and led the regional office of a multi-state probate litigation firm, where he was also the Appellate Chair and led the firm’s trust and probate administration department.