Estate Planning and Probate Section – You Left Your Tab Open: Successfully Prosecuting Creditor’s Claims When Descendent Fails to Settle Up
Thursday, May 19, 2022
Please join the Estate Planning and Probate Section on Thursday, May 19, 2022 for a virtual presentation where our guest speakers Tomasene A. Knight and Kendal Fletcher of Sheppard Mullin will be discussing prosecuting and defending claims against trusts and estates and collecting on those claims post-judgment. The presentation will include a discussion of the interplay between the statute of limitations under CCP section 366.2, the strict creditor’s claim requirements under Probate Code sections 9000 et. seq., and other relevant statutes of limitation, potentially running through the procedures and deadlines for establishing a claim as a creditor (including where there is no probate estate open), and procedures for and pitfalls of collecting on the judgment from non-probate/trust assets.
Tomasene A. Knight’s practice focuses on disputes over trusts, estates, conservatorships and other fiduciary matters. She represents individuals, corporate trustees, private professional fiduciaries, and families through all aspects of trust and probate litigation, at both the trial court level and on appeal, including in will and trust contests, breach of fiduciary duty cases, accounting actions, judicial construction and modification of trusts, elder abuse actions, and contested conservatorship proceedings. She got her B.A. at California State University, Sacramento in 2007 and then got her J.D. and graduated magna cum laude from the University of San Francisco in 2013.
Kendal Fletcher’s practice focuses on private wealth and fiduciary litigation, including but not limited to: will and trust contests, trustee removal and surcharge actions, contested conservatorships, complex accounting disputes, financial elder abuse actions, judicial construction and modification of trusts, and related “civil” claims. She got her B.A. at the University California, Davis, in 2007 and then received her J.D. from the University of San Francisco in 2011.
Cost: $20 for members and $30 for nonmembers. You also get 1 hour of MCLE credit.
Consistent with our prior virtual presentations that have qualified for MCLE credit, all attendees must register online prior to the event. Online registration will close on the morning of the event.
Registration: Please log-in on the SMCBA website to register for this event. The Zoom invite and materials for the webinar will be emailed to attendees the day before and morning of the event. If you want to pay by check, still, please register online first and send your check payable to SMCBA and note your name and this event.
Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. The written materials for the webinar will be emailed to attendees the morning of the event.
Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount. You will receive 1 hour of General Law MCLE credit for attending this event. The MCLE certificates will be made available in the week following the event.